Constitutional Law at Pakistan
Constitutional Law in Pakistan is governed by the Constitution of the Islamic Republic of Pakistan (1973), which is the supreme law of the country. It establishes Pakistan as an Islamic federal republic, provides for a parliamentary system, and outlines the structure of government, fundamental rights, and the relationship between Islam and the state.
The 1973 Constitution has been amended numerous times—most notably by military regimes and democratic governments alike—but it remains the cornerstone of Pakistan’s legal and political identity.
📜 1. Historical Background
Pakistan has had three constitutions:
1956 Constitution – First constitution; established Pakistan as an Islamic republic.
1962 Constitution – Introduced by military ruler Ayub Khan; more centralized and presidential.
1973 Constitution – Drafted by a democratically elected assembly under Zulfikar Ali Bhutto; created a parliamentary democracy and is still in force today.
Pakistan has experienced long periods of military rule, during which the constitution was suspended, amended, or overridden by military ordinances.
🏛️ 2. Structure of the 1973 Constitution
The Constitution is divided into Parts, Chapters, and Schedules, and includes over 280 Articles. Key components include:
A. Preamble
Incorporates the Objectives Resolution (1949), affirming:
Sovereignty belongs to Allah
Pakistan’s laws shall be aligned with Islamic principles
The protection of democracy, freedom, equality, tolerance, and social justice
B. Federal Structure
Pakistan is a federal republic with four provinces (Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan) and Islamabad Capital Territory.
Powers are divided between federal and provincial governments via:
Federal Legislative List (subjects for the central government)
Provincial List (abolished in 18th Amendment; residual powers go to provinces)
🧑⚖️ 3. Organs of Government
A. Executive Branch
President:
Ceremonial head of state, elected by an electoral college.
Appoints governors, judges, and military chiefs (on PM's advice).
Prime Minister:
Chief executive and real head of government.
Must be a member of the National Assembly.
Responsible for governance, policymaking, and running ministries.
Federal Cabinet: Chosen by the PM; implements executive policies.
B. Legislature (Parliament)
Bicameral Parliament:
National Assembly (Lower House): Directly elected; controls finance and can remove the PM.
Senate (Upper House): Indirectly elected; represents provinces equally.
Powers:
Lawmaking
Approving budget
Oversight of the executive
Constitutional amendments (with two-thirds majority)
C. Judiciary
Independent, with powers of judicial review and constitutional interpretation.
Headed by the Supreme Court of Pakistan, followed by:
High Courts (one in each province)
Federal Shariat Court
Lower and Special Courts
Judicial Appointments: Handled by the Judicial Commission and Parliamentary Committee.
⚖️ 4. Islamic Provisions
Pakistan is an Islamic republic, and the Constitution embeds Islamic values:
Islam is the state religion.
All laws must conform to the Quran and Sunnah (Article 227).
Council of Islamic Ideology: Advises Parliament on whether laws are Sharia-compliant.
Federal Shariat Court: Can strike down laws repugnant to Islam.
📋 5. Fundamental Rights (Part II, Chapter I)
Guaranteed rights include:
Right to life and liberty
Freedom of speech, assembly, association, and religion
Equality before law and protection from discrimination
Rights to education and information
Safeguards against arbitrary arrest and torture
However, these rights are subject to “reasonable restrictions” imposed by law—often used to justify limitations on press freedom or political dissent.
🔄 6. Key Amendments to the Constitution
Some notable constitutional amendments include:
8th Amendment (1985): Legalized military dictator Zia-ul-Haq’s actions; gave president power to dismiss Parliament.
13th Amendment (1997): Removed presidential powers to dissolve Parliament.
17th Amendment (2003): Reinstated some presidential powers under Musharraf.
18th Amendment (2010): Major democratic reform:
Strengthened parliamentary democracy
Abolished the Concurrent List (empowering provinces)
Removed Article 58(2)(b), curbing presidential powers
Ensured judicial independence
🗳️ 7. Election and Political System
Elections are held every 5 years for the National Assembly and provincial assemblies.
The Election Commission of Pakistan (ECP) oversees electoral processes.
Political parties must conform to democratic principles (Article 17).
🌐 8. International Law and Treaties
International treaties must be ratified by the executive and sometimes by Parliament.
Pakistan is a party to several human rights treaties (e.g., ICCPR, CEDAW), but domestic implementation is inconsistent.
📌 Conclusion
Pakistan’s 1973 Constitution aims to balance Islamic principles with democratic governance, establishing a federal parliamentary system with an emphasis on civil liberties, separation of powers, and Islamic law. While it has evolved through military and democratic periods, it continues to provide a framework for Pakistan’s political and legal institutions—though challenges remain in terms of implementation, judicial independence, and civil rights.
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