The document summarizes the key aspects of Pakistan's 1962 constitution and 1973 constitution. The 1962 constitution established Pakistan as an Islamic republic with an elected president as head of state. It had a unicameral legislature and established Islamabad and Dhaka as dual capitals. The 1973 constitution made several amendments, such as establishing a bicameral parliament, an indirectly elected president, and stronger fundamental rights protections. It also cemented Pakistan's status as an Islamic republic and established several institutions to promote Islamic provisions.
2. Promulgated on 23 March 1962.
Consisted of 250 articles, arranged in 12 parts, short
preamble in the beginning and three schedules attached at the
end.
3. The preamble
The preamble of the constitution was the objective
resolution which was adopted by the Constituent assembly in
March,1949.
4. The Islamic provisions
The Objective Resolution was included in the preamble of
the Constitution; through which the principles of
freedom,equality,tolerance,and social justice as enunciated
by Islam, should be fully observed.
Teaching of Islam and Holy Quran was to be made
compulsory, Unity and observances of Islamic Moral
standards were to be promoted among the Muslims of
Pakistan.
5. Proper organization of Zakat, Waqf and Mosques was to be
established.
The President was to be a Muslim.
No law was repugnant to Islam and was enforceable in courts
of Law. The National Assembly was to decide whether a
proposed law violated Islam or not.
Islamic Research Institutes will be organized.
Minority rights were fully protected.
6. The President
Real Chief Executive and Head of State.
Should be a Muslim.
Not less than 35 years of age.
To be elected by 80,000 Basic Democrats for 5 years.
Could be removed only by the National Assembly by
impeachment .
Sole responsible for the business of Central Government.
7. Military and Legislative Powers.
Financial powers
Could Summon, prorogue and Dissolve the assembly.
Power to appoint his Ministers , Attorney General, Auditor
General, Provincial Governors ,Chief Justice, Judges of High
Court ,Commander in Chief of Army, Air Force, Navy and
all major postings and Commissions.
8. Master of Cabinet, could appoint and dismiss any member of
his cabinet.
Not bound to accept any proposal but Cabinet is responsible
to him.
Power to pardon, commute of sentences.
Official acts could not be challenged.
Could assent, reject or forward to masses for
referendum,any bill passed by the assembly.
9. The Legislature
Uni-Cameral Legislature known as National Assembly.
156 Seats on the basis of Parity.
6 women seats, 3 each from both sides.
Term of Assembly was fixed for five years.
Elected by Electoral College of Basic Democrats.
Member could loose his seat in case of consecutive 30 days
absence.
10. At least two sessions of National Assembly in a year.
The assembly to choose Speaker and Deputy Speaker.
No one could become member who is a foreigner, Bankrupt
or convicted of an offense within five years.
First hour of session was to be available for questions.
11. Federal structure
Comprised of two Provinces, East and West Pakistan.
Principle of Parity to two Provinces.
Autonomy for Provinces, but central government could
interfere in matters.
Residuary powers were given to Provinces.
Federal had priority over Provinces list.
Governors were strong as was President in Center.
12. Judicial system
Independence of Judiciary was guaranteed.
Supreme Court:-Headed by Chief Justice with 6 judges.
Judges could hold office till the age of 65.
Had the power of “Judicial Review” of Executive actions.
Might overrule President’s decree.
Had original as well as appellate jurisdiction.
Had powers to adjudicate in any Dispute between Center
and Provinces or vice versa.
13. High Court:-
Each Province had a High Court,
consisted of Chief Justice and other Judges.
Appointed by the President of Pakistan.
Had powers through out the territory in relation to which it
exercised jurisdiction to check the executive matters.
14. Fundamental rights
Originally contained “no bill of rights”.
Amended in 1963 and fundamental rights were made
enforceable by Courts as were mentioned in the previous
Constitution.
The article of fundamental rights was limited and was not
applicable in Tribal Areas and not to the activities covered in
31 previous laws, including freedom of Speech and Press.
15. Other characteristics
Two National Languages, Urdu and Bengali with English
acceptable in Government affairs.
Two capitals, Islamabad would be the Principal seat and
Dhaka would be second Capital, the principal seat for
Central Legislature.
No new taxation without consent of National Assembly.
Budgets once sanctioned would not be altered without
permission of the President
16. Abrogation of the constitution
Constitution was abrogated on March 26,1969 when General
Ayub Khan resigned and handed over the control of the
Government to Yahya Khan, who declared Martial Law and
abrogated the Constitution.
18. Promulgated on 14 August,1973.
Written Constitution
Prefaced a preamble and consist of 280 articles, arranged in 12
parts, and six schedules.
19. Rigid Constitution
Only amended by 2/3 majority of Parliamentarians.
Permanent Constitution.
Obedience of Constitution is the basic obligation of every citizen
of Pakistan.
Abrogation or attempts or conspires to abrogate, subverts or
attempts or conspires to subvert the constitution by use of force
or show of force or by any other unconstitutional means shall be
guilty of high treason.
20. Provisions of Fundamental rights
Guarantees Fundamental rights.
Federal Structure of State.
Parliamentary form of Government.
Bicameral Legislature.
Independent Judiciary.
Islamic Provisions.
21. The Islamic Provisions
Constitution begins with the definition of Islam.
Pakistan is a federal Republic, to be known as Islamic Republic of
Pakistan.
Islam shall be the State Religion of Pakistan.
Makes the definition of a Muslim.
The President and the Prime Minister shall be Muslims believing
in the oneness of God, the Book of Allah and the last Prophet-
hood of Muhammad(PBUH)
22. Includes Objective resolution.
The Council of Islamic Ideology shall be set up.
Friday as holiday.
Prohibition of Alcohol and Gambling.
Islamiyat and Pakistan Studies as Compulsory Subjects upto
graduation level.
Federal Shariat Court through 8th
amendment.
Zakat and Ushar(1980)
Hadood Ordinance.(1977)
Salat Committees
23. The President
Head of State.
Should be a Muslim.
Not less than 45 years of age.
To be elected by Parliament and Provincial assemblies for a term
of 5 years.
Could be removed only by the Parliament by impeachment for
gross misconduct,physical or mental disability and for violation
of the Constitution.
24. Can address and Dissolve the assembly on advice of Prime
Minister.
Can summon the session of Parliament.
Power to appoint the Governors, Attorney General, Chief
Election Commissioner, Auditor General, Chief Justice, Chiefs
of Staff of Army, Air Force, Navy .
25. Head of Armed Forces.
Emergency Powers.
Can assume executive powers of the Provinces
Power to pardon, commute of sentences.
Chairman of Senate will be acting President in case of
incapacitation or absence.
27. The assembly to choose Speaker and Deputy Speaker from its
own members in its first session.
Life of Assembly is 5 years but could be dissolved by the
President on advice of Prime Minister earlier.
Senate consisted of total of 87 members on basis of proportional
representation from Provinces.(14 general+5 technocrats from
each Province),8 FATA,3 capital territory.
28. Prime Minister and Cabinet
Leader of House and Head of the Government.
Elected by National assembly after 30 days of general
elections
Must enjoy the confidence of National Assembly.
Real executive authority vested in the Prime Minister.
He is fully empowered to appoint/dismiss his
Ministers/Cabinet
Collectively responsible to the National Assembly.
29. Federal Structure
Comprised of
Four Provinces:-Punjab,Sind,NWFP and Baluchistan
The Islamabad Capital territory
The Federal administered tribal Areas.
Such states and territories as are or may be included in Pakistan
whether by accession or otherwise.
Autonomy for Provinces.
Residuary powers were given to Provinces.
30. Federal govt. provides security to Provinces in any case.
Provinces are bound to follow Federal government’s decisions.
Machinery for harmonious relations between Center and
Provinces:-
The Council of Common Interests
National Economic Council
National Finance Commission.
31. Judiciary
Independence of Judiciary was guaranteed.
Supreme Court:-Headed by Chief Justice with 6 judges.
Judges could hold office till the age of 65.
Had original as well as appellate jurisdiction.
Can take any step to ensure Justice
Power to review any judgment or any order made by it.
Head of Judiciary.
32. High Court:-
Each Province had a High Court,
consisted of Chief Justice and other Judges.
Appointed by the President of Pakistan with
consent of Chief Justice of Pakistan.
34. Amendment of Constitution
Constitution can be amended only by 2/3 majority of
members of National Assembly.
The constitution has been amended 20 times till now.
35. Major amendments
Redefined the boundaries of Pakistan and removed
references to East Pakistan.(1st
)
Declared the status of Ahmadis as minority and as 'non-
Muslim‘.(2nd
)
3rd
,4th
,5th
and 6th
amendments were relating the judiciary.
Enables the Prime Minister to obtain a vote of confidence of
the people of Pakistan.(7th
)
36. Changed Pakistan's government from a Parliamentary system
to a Semi-presidential system by giving the President a
number of additional powers.(8th
)
Stripped the President of Pakistan of his reserve power to
dissolve the National Assembly of Pakistan, and thereby
triggering new elections and dismissing the Prime Minister.
(13th
)
37. Made changes dealing with the office of the President and the
reversal of the effects of the Thirteenth Amendment.(17th
)
Removed the power of President of Pakistan to dissolve the
Parliament unilaterally.(18th
)
Related to the appointment of chief justice.(19th
)
For Free and Fair Elections.(20th
)