The 1973 Constitution

Pakistan Affairs · Constitutional history. The idea in plain words, the rules to remember, the mistake to avoid and a worked example, written and checked by Mega Lecture.

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The idea

The 1973 Constitution is Pakistan's third and the one in force today. Unlike the 1962 Constitution, which a President gave to the country, it was framed by the National Assembly elected in 1970 and passed with the agreement of all the main parties. It was passed on 10 April 1973 and came into force on 14 August 1973.

Hold four features in your head. It is parliamentary: the Prime Minister holds real executive power and the President is the head of state who acts on advice. It is federal, with a two-house Parliament. It has Islamic provisions. It guarantees Fundamental Rights that courts can enforce, and lists Principles of Policy that courts cannot enforce.

Rules to remember

Article 1: the state is the Islamic Republic of Pakistan. Article 2: Islam is the state religion. Article 6: subverting the Constitution by force is high treason.
Fundamental Rights are in Articles 8 to 28 (enforceable in court); Principles of Policy are in Articles 29 to 40 (guidance for the state, not enforceable).
Parliament (Majlis-e-Shoora) = the President + the National Assembly + the Senate. The Senate gives each province an equal number of seats.
The Prime Minister is elected by the members of the National Assembly and heads the government; the President and the Prime Minister must both be Muslims.
Z. A. Bhutto became Prime Minister and Fazal Ilahi Chaudhry became President when the Constitution came into force.
The Council of Islamic Ideology (Articles 228 to 231) advises whether laws agree with Islam; its advice is not binding.
Article 251: Urdu is the national language; English may be used for official purposes until arrangements for Urdu are made.

Common mistake

Do not mix up the two dates: the National Assembly passed the Constitution on 10 April 1973, but it came into force on 14 August 1973. Also remember that the Council of Islamic Ideology only advises; it cannot strike down a law.

Worked example

A citizen says the state has failed to end illiteracy and wants a court to enforce this as a constitutional right under the chapter on Principles of Policy. Why will this argument fail?

The Constitution has two separate chapters: Fundamental Rights (Articles 8 to 28) and Principles of Policy (Articles 29 to 40).
Fundamental Rights can be enforced by the courts; Principles of Policy only guide the state in making laws and policy.
The removal of illiteracy is listed among the Principles of Policy, so the claim rests on a chapter that courts do not enforce.

Answer: Principles of Policy are not enforceable in court; only Fundamental Rights are.

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Constitutional History Of Pakistan

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