The Constitution of 1973 is a pivotal document in the constitutional history of Pakistan, representing a consensus among various political forces. Enacted during the government of Prime Minister Zulfikar Ali Bhutto, it provided a framework for democratic governance, protection of fundamental rights, and a federal structure.
Salient Features of the Constitution of 1973:
Islamic Republic:
Declared Pakistan as an Islamic Republic, affirming the principles of democracy, rule of law, and social justice in accordance with the teachings of Islam.
Federal Structure:
Established a federal structure with four provinces, recognizing provincial autonomy.
Parliamentary System:
Reintroduced a parliamentary form of government with a Prime Minister as the head of government and a President as the ceremonial head of state.
Fundamental Rights:
Enshrined fundamental rights, including the right to equality, freedom of speech, and protection against discrimination.
Islamic Provisions:
Incorporated Islamic principles in the legal system while recognizing the diversity of the population.
Independence of Judiciary:
Ensured the independence of the judiciary, establishing the Supreme Court as the highest court of appeal.
Protection of Minorities:
Safeguarded the rights of minorities, promoting a pluralistic and inclusive society.
Provincial Autonomy:
Provided for provincial autonomy and established mechanisms for resource-sharing between the federal and provincial governments.
National Language:
Designated Urdu as the national language, while recognizing regional languages for official use.
Islamic Advisory Council:
Formed an Islamic Advisory Council to guide legislation in accordance with Islamic principles.
Bicameral Legislature:
Established a bicameral legislature with the National Assembly and the Senate to represent the people and provinces, respectively.
Objective Resolution:
Incorporated the principles of the Objective Resolution of 1949, emphasizing the ideals of justice, equality, and fraternity.
Local Government:
Recognized the importance of local government and provided for its establishment.
Constitutional Amendments:
Outlined a procedure for constitutional amendments, ensuring a balance between flexibility and stability.
The Constitution of 1973 has endured as the longest-serving constitution in Pakistan’s history, with various amendments reflecting the changing needs and dynamics of the nation. It remains a foundational document that defines the democratic and Islamic character of the country.
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