The 1973 constitution of Pakistan was adopted on April 12, 1973. This constitution fully represents the ideology and democratic aspiration of the people of Pakistan and constitution is the supreme law of the land and it is considered as an instrument by which a Government can be run. It replaces the basic laws of the state. it decides the attributes of the government and provincial Govt. in constitution is federal cum parliamentary in its characteristics. The constitution of Pakistan is based on principle of tracheotomy of power. It is a social contract which binds people, society and a state to act within the framework of the constitution.
Sources of Constitution of Pakistan 1973
The sources of constitution of Pakistan 1973 are as follows;
- Act of 1935
- Objective resolution
- Constitution of 1956
- Interim constitution of 1972
Salient Features of Constitution of Pakistan 1973
Following are the salient features of the constitution of Pakistan 1973
Constitution of Pakistan 1973 is a written constitution. It comprises of 280 Articles. It also contains 6 schedules, which has been divided into 12 parts.
The constitution of Pakistan 1973 is rigid because amendment procedure is not easy. This constitution provides that 2/3 majority of votes of members National Assembly and Senate, and assent of President of Pakistan are necessary for its amendment.
The constitution of Pakistan 1973 announces that Islam would be state religion.
National Language and Official Language
In accordance with Article 251 of the present constitution Urdu has been declared as National Language of Pakistan but the official language is English.
Federal Form of Government
Constitution of Pakistan 1973 provide federal form of government consisting of four provinces of the central government of Pakistan.
Parliamentary form of Government
Parliamentary form of government has been provided for the government in the constitution.
Constitution of Pakistan 1973 has provided method of direct elections to elect members of National Assembly and Provincial Assembly.
The Federal Legislature is bi-cameral consisting two houses. Senate (upper house) and National Assembly (lower House).
Preamble means an introductory part of statue; it is not the part of the constitution. It is stated in it than sovereignty over entire universe belongs to Almighty Allah.
Holding of Referendum
The president of Pakistan is authorized to order for holding a referendum on any issue of national importance.
The constitution of Pakistan 1973 provides single citizenship.
Independence of Judiciary
An Independent Judiciary has been provided in 1973 constitution. Judiciary safeguards the fundamental rights of the people of Pakistan.
Rights of Minorities
Rights of Minorities have been protected in the 1973 constitution.
The abrogation of the constitution through unconstitutional means is high treason. It cannot be abrogated by the use of force.
To conclude that the 1973 constitution of Islamic Republic of Pakistan is a democratic state, parliamentary with bicameral legislature in its nature. It is the constitution of elected people. All major political parties of Pakistan unanimously accepted it. Minorities also have safeguard and fundamental rights in such constitution.