Constitution of Pakistan
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Constitution of Pakistan — Key Facts for KPK PMS • Current Constitution: The Constitution of Pakistan (1973) with all amendments, passed under Zulfikar Ali Bhutto’s PPP government — Pakistan’s first constitution passed by consensus. • Key features: Federal parliamentary republic;bicameral parliament (Senate + National Assembly); provincial autonomy; Islamic provisions; fundamental rights. • Most asked dimension: KPK PMS focuses on comparison between 1956, 1962, and 1973 constitutions; UPSC asks about federalism provisions and center-province relations. • Misconception: Students often think the 1973 Constitution is purely Islamic — it is actually a hybrid document blending parliamentary democracy with Islamic review mechanisms. • Important bodies: Election Commission of Pakistan; Supreme Court; Council of Islamic Ideology; National Finance Commission. • Current affairs: Recent Supreme Court decisions on Article 184-3 (suo motu jurisdiction), Senate elections controversy, and 25th Amendment implementation.
⚡ Exam tip: KPK PMS frequently asks candidates to compare the 1973 Constitution with its predecessors. Focus on the parliamentary features, federal structure, and Islamic provisions of the 1973 document. The concurrent list and NFC Award are commonly asked topics.
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Constitution of Pakistan — KPK PMS Study Guide
Constitutional Evolution: 1947 to Present
Pakistan has had multiple constitutions since independence, reflecting ongoing political instability and ideological debates about the nature of the state.
The Objective Resolution (1949)
Before any formal constitution, the Objective Resolution was passed by the Constituent Assembly on 12 March 1949. Sponsored by Liaquat Ali Khan, it established:
- Islam as the state religion — first formal declaration
- Sovereignty belongs to Allah — not to the people directly
- Islamic provisions for law, head of state, and governance
- Protection for minorities and their religious institutions
- Federal structure with provincial autonomy
This resolution set the ideological framework for all subsequent constitutional efforts.
1956 Constitution: First Permanent Constitution
The Constitution of 1956 was Pakistan’s first permanent constitution after eight years of ad hoc governance. Key features:
- Islamic Republic declared — Islam as state religion
- President as head of state; Prime Minister as head of government
- Unicameral legislature (National Assembly)
- Concurrent Legislative List — subjects shared between center and provinces
- Adult franchise for elections to National Assembly
- President appointed Governors for provinces
This constitution was suspended when Ayub Khan imposed Martial Law in 1958.
1962 Constitution: Presidential System
The 1962 Constitution introduced a presidential system:
- President as powerful executive elected by electoral college
- Basic Democracies system for local government
- Unicameral National Assembly
- Provincial autonomy somewhat reduced
- Islamic provisions strengthened
- Presidential system concentrated power in the office of President
Ayub Khan’s constitution reflected his belief that presidential strongman rule was necessary for development. It was replaced following the 1968 uprising and Ayub’s resignation.
1973 Constitution: Parliamentary Republic
The Constitution of 1973, drafted under Zulfikar Ali Bhutto, represents the current constitutional order:
- Parliamentary system with Prime Minister as chief executive
- Bicameral Parliament: National Assembly (lower house) and Senate (upper house)
- Federal structure with four provinces: Punjab, Sindh, Khyber Pakhtunkhwa, Balochistan
- Concurrent list maintained (mostly devolved to provinces per 18th Amendment)
- Islamic provisions: Council of Islamic Ideology to review legislation
- Fundamental Rights guaranteed under Chapter 3
- Supreme Court and High Courts with independent judicial commissions
- National Finance Commission to distribute federal revenues
The 1973 Constitution has been amended seventeen times, most significantly the 18th Amendment (2010) which restored parliamentary features by reducing presidential powers.
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Constitution of Pakistan — Comprehensive KPK PMS Notes
Detailed Analysis of the 1973 Constitution
Federal Structure and Provincial Autonomy
Pakistan’s federal structure under the 1973 Constitution balances central authority with significant provincial autonomy. The 18th Amendment (2010) dramatically restructured this balance:
Federal Subjects (Exclusive):
- Defense and national security
- Foreign affairs
- Currency and banking
- Federal public services
- Interstate commerce
Provincial Subjects (Exclusive):
- Police and law and order
- Education (except professional education)
- Health
- Agriculture
- Local government
Concurrent List (significantly reduced): The 18th Amendment removed most items from the Concurrent List, returning them to provinces. Remaining concurrent subjects include criminal law, marriage and family law, transfer of property, and drugs and narcotics.
President of Pakistan
The President serves as the ceremonial head of state following the 18th Amendment:
| Power | Pre-18th Amendment | Post-18th Amendment |
|---|---|---|
| Appointment of PM | President’s discretion | President must invite majority leader |
| Dismissal of PM | President could dismiss | Cannot dismiss without no-confidence |
| Governor appointments | President appointed | Provincial chief minister recommends |
| Court cases suo motu | Article 184-3 available | Available but subject to SC rules |
The President is elected by an electoral college comprising members of Parliament and provincial assemblies.
Parliament: National Assembly and Senate
National Assembly (342 seats):
- Directly elected by adult franchise
- Terms: 5 years maximum
- Money bills originate here
- Prime Minister must commands majority
Senate (100 seats):
- Indirectly elected by provincial assemblies (14 seats per province)
- Equal representation for all provinces regardless of population
- Cannot be dissolved
- Terms: 6 years with half elected every 3 years
- Must approve constitutional amendments, treaties, senior appointments
Islamic Provisions
The 1973 Constitution incorporates Islamic identity through several mechanisms:
- Article 2: Islam as state religion
- Article 31: Islamic education promoted; Islamic moral standards
- Article 227-230: Existing laws to be brought in conformity with Islam; Council of Islamic Ideology reviews laws
- Article 203: Sharia Court can declare laws un-Islamic
- Article 177: Prime Minister must be Muslim
The Council of Islamic Ideology (CII) reviews proposed legislation for conformity with Islamic principles but has advisory authority only — its recommendations are not binding.
Fundamental Rights (Chapter 3)
Articles 9-28 guarantee fundamental rights:
- Right to Life (Article 9) — protection of life and property
- Right to Dignity (Article 14) — inviolability of dignity of man
- Freedom of Speech (Article 19) — subject to reasonable restrictions
- Freedom of Association (Article 17) — political parties registration
- Equality (Article 25-28) — prohibition of discrimination
- Freedom of Religion (Article 20-22) — protection for religious minorities
- Right to Education (Article 37-B) — free education to 16 years
The Supreme Court under Article 184-3 can issue orders for enforcement of fundamental rights involving questions of public importance.
Key Amendments
| Amendment | Year | Key Changes |
|---|---|---|
| 8th Amendment | 1985 | Zia-ul-Haq strengthened Presidential powers |
| 15th Amendment | 1998 | Sharia would be supreme law (partially implemented) |
| 17th Amendment | 2003 | Musharraf’s referendum ratified; National Security Council |
| 18th Amendment | 2010 | Restored parliamentary system; removed Concurrent List |
| 19th Amendment | 2011 | Judicial appointments through commission |
| 25th Amendment | 2018 | FATA merged into Khyber Pakhtunkhwa |
Examination Preparation
Commonly asked KPK PMS questions:
- Compare the parliamentary systems of 1956 and 1973 Constitutions
- Explain the role of the Council of Islamic Ideology
- Analyze the impact of the 18th Amendment on federalism
- Discuss the evolution of fundamental rights provisions
- Compare presidential and parliamentary systems in Pakistani constitutional history
Key terms for examination:
- NFC Award: National Finance Commission — determines revenue sharing (currently 57.5% to provinces, 42.5% center)
- Council of Islamic Ideology: Advisory body for Islamic review
- Article 184-3: Supreme Court’s suo motu jurisdiction
- Basic Democracies: Local government system introduced by Ayub Khan
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