Omar Bennett
The 1973 Constitution of Pakistan was the first in the country to be framed by elected representatives. It was drafted by the government of Zulfikar Ali Bhutto, with assistance from the opposition parties, and was unanimously approved by the 5th Parliament on 10 April 1973. The Constitution designates the President of Pakistan as a ceremonial Head of State and outlines the political system as a federal parliamentary republic with Islam as its state religion. Since its implementation, the 1973 Constitution has been amended numerous times, with 23 amendments officially recognised and three additional amendments that were not passed by Parliament.
| Characteristics | Values |
|---|---|
| Number of Amendments | 26 (technically), 23 amendments were made to the constitution and three were not passed by parliament |
| First Constitution | Approved in 1956 but abrogated in 1958 after a military coup d'état |
| Second Constitution | Approved in 1962, granting executive power to the president and abolishing the office of the prime minister |
| Third Constitution | Came into effect on 14 August 1973, framed by elected representatives and establishing a parliamentary democracy |
| First Six Articles | Outline a federal parliamentary republic system and Islam as the state religion |
| Institutions Created | Shariat Court and the Council of Islamic Ideology |
| Eighth Amendment | Validated amendments made by Gen. Zia-ul-Haq, shifting power from parliament and the prime minister to the president |
| Eighteenth Amendment | Reduced presidential powers, returning the government to a parliamentary republic |
| Twenty-Fifth Amendment | Increased pension payments to widows of Supreme Court and High Court judges |
| Twenty-Sixth Amendment | Amended provisions related to the higher judiciary, including jurisdiction and procedures for the appointment of judges |
| Twenty-Eighth Amendment | Re-enacted expired provisions of the Twenty-First Amendment |
| Twenty-Ninth Amendment | Introduced Executive Magistracy, reduced the minimum age of High Court judges, and removed contradictory language related to the President and the Cabinet |
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What You'll Learn
The 1973 Constitution of Pakistan has been amended 23 times
The 1973 Constitution of Pakistan was the first in the country to be framed by elected representatives. It was drafted by the government of Zulfikar Ali Bhutto, with assistance from the country's opposition parties, and was unanimously approved by the 5th Parliament on 10 April 1973. It came into full effect on 14 August 1973. The constitution has been amended 23 times since its enactment, with the most recent amendment taking place in 2024.
The 1973 Constitution introduced significant changes to the country's political system, establishing a parliamentary democracy with executive power concentrated in the office of the prime minister. It designated the president as a ceremonial head of state, representing the unity of Pakistan. The constitution also outlined fundamental rights and freedoms, including freedom of speech, religion, press, movement, association, thought, and intellectual property. It guaranteed security to each citizen and introduced provisions for a federal parliamentary republic system, with Islam as the state religion.
However, the 1973 Constitution faced opposition from two out of the then four provinces of Pakistan, namely NWFP (now Khyber Pakhtunkhwa) and Balochistan. The constitution was also impacted by political instability and military interventions, leading to its suspension by General Zia-ul-Haq in 1977 and later by General Musharraf in 1999. Despite these challenges, the 1973 Constitution remains the supreme law of the land, undergoing a series of amendments to adapt to the changing needs of the nation.
The amendments to the 1973 Constitution have addressed various aspects of Pakistan's political and legal framework. For example, the Eighth Amendment in 1985 shifted power from the parliament and prime minister to the president, while the Eighteenth Amendment in 2010 reversed this change, reducing presidential powers. Other amendments have focused on issues such as the formation of the Election Commission, the interpretation and application of Islam, and the rights of minorities. The most recent amendment, the Twenty-Sixth Amendment in 2024, addressed provisions related to the higher judiciary, including the appointment of judges and the jurisdiction of constitutional benches.
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The first constitution was approved in 1956
The first constitution of Pakistan was approved in 1956, the same year that the provisions of the Government of India Act, 1935, stopped serving as the country's basic legal document. This first constitution was abrogated in 1958 after a military coup d'état.
Pakistan became a republic with the approval of the 1956 constitution. The country's first constitution introduced the definition of a state, the idea of life, liberty, and property, individual equality, the prohibition of slavery, the preservation of languages, the right to a fair trial, and safeguards against arrest, detention, and discrimination in services.
The 1956 constitution was followed by the 1962 constitution, which was suspended in 1969 and abrogated in 1972. The 1973 constitution, which is the subject of your query, was approved by the 5th Parliament and ratified on 14 August 1973, the same day that Zulfikar Bhutto was endorsed as the elected Prime Minister. The 1973 constitution was Pakistan's third and was the first to be framed by elected representatives.
The 1973 Constitution of Pakistan established the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature, an executive branch governed by the Prime Minister, and an apex federal judiciary headed by the Supreme Court. It also designated the President of Pakistan as a ceremonial Head of State and outlined the political system as a federal parliamentary republic with Islam as its state religion.
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The second constitution was approved in 1962
Pakistan's second constitution was approved in 1962, six years after the country first became a republic with the approval of its first constitution in 1956. The 1962 constitution was promulgated on 8 June 1962, after General Ayub Khan altered the entire version of the constitution that had been drafted by a Constitution Commission under Chief Justice Muhammad Shahabuddin.
The 1962 constitution introduced a presidential system and granted more consolidated powers to the President of Pakistan. It abolished the office of the prime minister and gave executive power to the president. It also institutionalised the intervention of the military in politics, stipulating that for twenty years, the president or the defence minister must be a person who had held a rank of lieutenant-general or above in the army. The 1962 constitution further strengthened the Islamic Ideology Council.
The 1962 constitution was suspended in 1969 and abrogated in 1972. It was replaced by the 1973 constitution, which was framed by elected representatives and gave Pakistan a parliamentary democracy. The 1973 constitution, enforced on 14 August 1973, was the first to introduce new ideas and guarantees of security for each citizen of Pakistan. It introduced the definition of the State, the idea of life, liberty and property, individual equality, prohibition of slavery, preservation of languages, the right to a fair trial, and safeguards against arrest, detention, and discrimination in services.
The 1973 constitution has been amended 26 times, with three additional amendments not passed by parliament. The most recent amendments in 2016 and 2017 addressed eligibility and age requirements for members of the Election Commission, continuity, electoral rolls, and the re-enactment of expired provisions.
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The 1973 Constitution established a parliamentary democracy
The 1973 Constitution of Pakistan established a parliamentary democracy, giving executive power to the Prime Minister and limiting the President to acting on the advice of the Prime Minister. It was drafted by the government of Zulfikar Ali Bhutto, with assistance from the country's opposition parties, and was unanimously approved by the 5th Parliament on 10 April 1973. The Constitution came into full effect on 14 August 1973.
The 1973 Constitution was Pakistan's second, after the first constitution approved in 1956 was abrogated in 1958 following a military coup. A new constitution was approved in 1962, but this was suspended in 1969 and abrogated in 1972. The 1973 Constitution was the first in Pakistan to be framed by elected representatives, and it introduced a number of new ideas and guarantees for citizens.
The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state. It establishes a bicameral Parliament, with the National Assembly as the lower house and the Senate as the upper house. The Prime Minister is the head of government and the National Assembly represents the will of the people. The Constitution also establishes the rules, mandate, and separate powers of the three branches of the government: the legislature, the executive, and the judiciary.
The first six articles of the 1973 Constitution outline the political system as a federal parliamentary republic, with Islam as the state religion. It also states that all laws must conform with the injunctions of Islam as laid down in the Quran and Sunnah. To that end, the 1973 Constitution created institutions such as the Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam.
The 1973 Constitution has been amended multiple times. While there have technically been 26 amendments, only 23 were made to the Constitution, with three not passed by Parliament. The Eighth Amendment in 1985 shifted power from the parliament and Prime Minister to the President, and the Seventeenth Amendment in 2004 continued this shift. However, the Eighteenth Amendment in 2010 reduced presidential powers, returning the government to a parliamentary republic.
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The Eighteenth Amendment reduced presidential powers
The Eighteenth Amendment to Pakistan's 1973 Constitution reduced presidential powers. The country became a republic when its first constitution was approved in 1956, but this was abrogated in 1958 following a military coup. The second constitution was approved in 1962 and gave executive power to the president, abolishing the office of prime minister. It also institutionalised the intervention of the military in politics.
The 1973 Constitution was framed by elected representatives and gave Pakistan a parliamentary democracy, with executive power concentrated in the office of the prime minister. The president was the formal head of state but was limited to acting on the advice of the prime minister. The 1973 Constitution also established a bicameral legislature, an executive branch governed by the prime minister, and an apex federal judiciary headed by the Supreme Court.
In 1977, there was another coup d'état, and the constitution was held in abeyance until 1985 when it was "restored" with an amendment (the Eighth) that shifted power from the parliament and prime minister to the president. This shift continued with the Seventeenth Amendment in 2004. However, the Eighteenth Amendment in 2010 reduced presidential powers, returning the government to a parliamentary republic.
Technically, there have been 26 amendments to the 1973 Constitution, with 23 amendments passed and three not passed by parliament. The 1973 Constitution is the first in Pakistan to be framed by elected representatives and, in its amended form, is the 7th lengthiest constitution in the world with 56,240 words.
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Frequently asked questions
There have been 26 amendments to the 1973 Constitution, with 23 amendments made to the constitution and three not passed by parliament.
The first amendment to the 1973 Constitution was The Constitution (First Amendment) Act, 1974. It amended 15 articles, including Article 1, Article 8, and Article 17.
The most recent amendment to the 1973 Constitution was the Twenty-Sixth Amendment in 2024. It amended provisions related to the higher judiciary, including jurisdiction and procedures for the appointment of judges.
The 1973 Constitution was the first in Pakistan to be framed by elected representatives. It gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister.
