Constitution of Pakistan
By: Abid Khan
Tags: Lawyers, Constitution, Law

Book Review

The constitution of the Islamic republic of Pakistan, ( آئین پاکستان) which is also known as the 1973 constitution, is the supreme law of Pakistan. It was drafted by the government of Shaheed Zulfiqar Ali Bhutto with the assistance of the opposition parties of the country. It was approved by the Parliament on 10th April and ratified on 12th April, 1973 by the President of Pakistan. The constitution is intended to guide the Pakistan’s law, its political culture, and system. It identifies the physical existence and its borders, people and their fundamental rights, constitutional laws and orders of the state, and also the constitutional structure and establishment of the institutions and the country’s armed forces. The first three chapters establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature; an executive branch governed by the Prime Minister as chief executive; and an apex federal judiciary headed by the Supreme court.

The 1973 constitution contains 280 articles and 7 schedules, and establishes a centralized federal system. The first six articles of the constitution outline the political system as federal parliamentary republic system; as well as Islam as its state religion. The Constitution also encapsulates provisions stipulating the legal system’s compliance with Islamic injunctions contained in the Quran and Sunnah. The Parliament cannot make any laws which may be repugnant or contrary to the Constitution, however the Constitution itself may be amended by a two-thirds majority in both the houses of the bicameral Parliament. Articles 1–6 are known as the introductory part of the constitution, in which State territories and other basic information is discussed. The Objective Resolution is also the substantive part of constitution written in Article 2A. Articles 7–28 comprises the Fundamental Rights related articles, in which all aspects of Rights are covered. Articles 29–40 are related to the Principles of Policy which covered policy of State regards all aspects of life and citizens. Articles 41–100 are related to the Federation of Pakistan which covers the office of President, Prime Minister and Federal cabinet, both the National assembly and Senate, and the rules and regulation for both of the houses. Articles 101–140A are related to the Provinces of Pakistan and duties and rights of the provincial governments. Articles 141–159 are related to the relation and responsibilities between the State and the Provinces. The responsibilities of federal and provincial government and their unity on the affairs of the State. Articles 160–159 are related to matters of Finance, Property, Contracts and Suits. Articles 175–212 are related to the role, responsibilities, the Jurisdiction, and the hierarchy of the courts. Articles 213–226 are related to Election process and about the role and responsibilities of the Election Commission of Pakistan. Articles 227–231 are related to the Islamic provisions. Articles 232–237 are related to the Emergency situation of the country. Articles 238–239 are related to the Amendment of Constitution, which explains the process to amend the constitution. Articles 240–280 are miscellaneous which explains different things which need to be answered.