Topic 2: Constitution and Governance of Pakistan
🟢 Lite — Quick Review (1h–1d)
Rapid summary for last-minute revision before your exam.
Core Constitution Facts:
- Constitution in Force: Constitution of Pakistan (1973) — the country’s third and current constitution
- Parliamentary System: Prime Minister is the head of government; President is a ceremonial figurehead
- ** Bicameral Parliament:** Senate (upper house) + National Assembly (lower house)
- National Assembly Seats: 266 general seats (minimum, can increase with population)
- Senate Seats: 100 seats distributed equitably among all provinces
Key Office Holders:
- President: Head of State (ceremonial); elected by parliament
- Prime Minister: Head of Government; must command majority in National Assembly
- Chief Justice of Pakistan: Heads the Supreme Court
⚡ Exam tip: NABE frequently tests knowledge of the 1973 Constitution’s key articles and the difference between the President’s and Prime Minister’s powers. Always check which constitution is currently in force (1973, not 1956 or 1962).
🟡 Standard — Regular Study (2d–2mo)
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The Constitution of Pakistan (1973)
Pakistan’s current constitution was enacted on April 10, 1973 (drafted by the Constitution Committee chaired by Zulfikar Ali Bhutto). It replaced the 1956 and 1962 constitutions.
Key Features of the 1973 Constitution:
- Declaration of State: Pakistan is a federation and a democratic state based on Islam
- Islamic Provisions: Article 2 declares Islam as the state religion; Objectives Resolution (1956) preamble sets Islamic principles
- Fundamental Rights: Articles 9–28 guarantee rights including equality, freedom of speech, security of person, freedom of assembly
- Concurrent Legislative List: Subjects shared between federal and provincial governments
Provincial Autonomy
The 18th Amendment (2010) was a landmark change:
- Removed the president’s power to dissolve provincial assemblies at will
- Devolved significant federal subjects to provinces
- Established NFC Award (National Finance Commission) for revenue sharing
- Strengthened the role of the Chief Ministers vis-à-vis the federal government
Parliament — Structure and Functions
National Assembly (Lower House)
The National Assembly consists of:
- General Seats: Elected directly by popular vote
- Women Seats: Reserved seats for women (reserved by political parties, ~60 seats)
- Minority Seats: Reserved seats for non-Muslims (~10 seats)
- Speaker: Presiding officer; second most senior office after President (ceremonial order)
Electoral System: First-Past-The-Post (FPTP) for general seats; proportional representation for reserved seats.
Senate (Upper House)
- 100 seats total — elected by provincial assemblies (each province gets equal representation regardless of population)
- Seat distribution: 14 seats per province (Punjab, Sindh, KPK, Balochistan) + 4 seats for Federal Capital (Islamabad) + 4 seats for each of FATA and Gilgit-Baltistan (before FATA merger in 2018)
- Functions: Reviews legislation, represents provincial interests at federal level
- Chairman: Vice President of Pakistan (ex-officio; currently no separate Vice President role)
Important Constitutional Articles for NABE:
| Article | Subject |
|---|---|
| Article 1 | Republic of Pakistan, territories defined |
| Article 2 | Islam as state religion |
| Article 17 | Right to form or join political party |
| Article 18 | Freedom of trade and commerce |
| Article 25 | Equality of citizens |
| Article 32 | Promotion of local government |
| Article 37 | Education — free and compulsory |
| Article 38 | Housing, clothing, food — social security |
| Article 62 & 63 | Qualifications of a Member of Parliament (Moral/Fitrah clause) |
| Article 99 | Federal Government responsibilities |
The President of Pakistan
- Term: 5 years (eligible for one re-election)
- Election: Indirect — elected by an electoral college of Senate, National Assembly, and Provincial Assemblies
- Powers (1973 Constitution): Largely ceremonial after 18th Amendment; dissolving National Assembly with Prime Minister’s advice; appointing services chiefs with Prime Minister’s advice
- Notable Presidents: Iskander Mirza (first), Ayub Khan, Yahya Khan, Zulfikar Ali Bhutto, General Zia-ul-Haq, Pervez Musharraf, Arif Alvi (current)
Prime Minister of Pakistan
- Head of Government — most powerful executive position
- Must command majority in National Assembly
- Appointed by President after confidence vote
- Controls: Federal Cabinet, administrative departments, defense policy, foreign policy
- Removal: Through vote of no-confidence in National Assembly
Key Prime Ministers:
- Liaquat Ali Ali Khan (first, assassinated 1951)
- Zulfikar Ali Bhutto (1971–1977; founded PPP)
- Zia-ul-Haq (1978–1988; martial law administrator)
- Benazir Bhutto (first female PM, 1988–1990, 1993–1996)
- Nawaz Sharif (1990–1993, 1997–1999, 2013–2017)
- Imran Khan (2018–2022)
🔴 Extended — Deep Study (3mo+)
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Constitutional Evolution of Pakistan
Pakistan has had several constitutions:
- Liaquat Ali Khan Constitution (1956): First constitution; parliamentary system; one-unit status for West Pakistan
- Presidential Constitution (1962): Presidential system under Ayub Khan; single national language declared Urdu
- Constitution of 1973 (Current): Parliamentary system; Bhutto-era; most democratic of Pakistan’s constitutions
Military Rules and Constitutional Suspensions
Pakistan has experienced prolonged periods of military rule:
- Martial Law (1958): Ayub Khan overthrows Iskander Mirza; abrogates 1956 constitution
- Martial Law (1958–1968): Ayub Khan’s rule; 1962 constitution enacted
- Martial Law (1977–1988): Zia-ul-Haq overthrows Bhutto government; 1973 constitution remained technically in force but heavily amended
- Musharraf Era (1999–2008): 17th Amendment allowed Musharraf to retain both President and Chief Executive roles simultaneously
The Judiciary
Supreme Court of Pakistan
- Chief Justice of Pakistan (CJP): Heads the judiciary; appointed by President on Prime Minister’s advice
- Supreme Court Bench: Multiple judges; handles constitutional, civil, criminal appeals
- Key cases: SMC v. Pakistan (2018) — lifetime disqualification for Parliamentarians under Articles 62/63
- Chief Justice of Pakistan (current): Qazi Faez Isa (2023–present)
High Courts
Each province has a High Court:
- Lahore High Court (Punjab)
- Sindh High Court (Karachi)
- Peshawar High Court (Khyber Pakhtunkhwa)
- Balochistan High Court (Quetta)
- Islamabad High Court (Capital Territory)
Key Amendments to the 1973 Constitution
| Amendment | Year | Key Change |
|---|---|---|
| 8th Amendment | 1985 | Presidential powers to dissolve assemblies, appoint Governor |
| 13th Amendment | 1997 | Removed Senate Chairman’s tie-breaking vote in joint session |
| 17th Amendment | 2003 | Musharraf could hold President and CEO positions simultaneously |
| 18th Amendment | 2010 | Landmark devolution — removed President’s dissolution power, restored parliamentary system |
| 19th Amendment | 2011 | Judicial appointments now involve parliamentary committee |
| 25th Amendment | 2018 | FATA merged into Khyber Pakhtunkhwa province |
Provincial Governments
Each province has:
- Chief Minister — head of provincial government; must command majority in Provincial Assembly
- Provincial Assembly — legislative body
- Governor — President’s representative in the province (ceremonial role)
Local Government System: Article 32 mandates promotion of local government. Recent reforms have introduced Tehsil Municipal Authorities, District Health Authorities, and District Education Authorities for grassroots governance.
Important Constitutional Formulas
For NABE answer writing:
- Federal structure formula: Federal subject list (Defense, Foreign Affairs, Currency) + Concurrent list + Provincial residual subjects
- Parliament seats: Senate (100, equally by province) + National Assembly (minimum 266)
- NFC formula: Federal divisible pool → Province share (historically ~46% to provinces, increased post-18th Amendment)
⚡ Exam Pattern Insight: NABE frequently tests the 18th Amendment’s impact on provincial autonomy, the difference between Senate and National Assembly representation, and the roles of President vs. Prime Minister. Understand that Pakistan moved from a presidential system (under Ayub’s 1962 constitution) to a parliamentary system under the 1973 constitution.