Eleanor Finch
The Constitution of Pakistan, which came into effect on 14 August 1973, has been amended numerous times since its unanimous ratification. The first constitution was approved in 1956 but was abrogated in 1958 after a military coup d'état. The 1973 Constitution was Pakistan's second, drafted by the government of Zulfikar Ali Bhutto and the country's opposition parties. It established a bicameral legislature, an executive branch headed by the Prime Minister, and an apex federal judiciary led by the Supreme Court. The President of Pakistan was designated as the ceremonial Head of State. The 1973 Constitution also created institutions such as the Shariat Court and the Council of Islamic Ideology to interpret and apply Islamic principles. From 1974 to 1977, seven amendments were made by the National Assembly, and in 1979, the Chief Martial Law Administrator began issuing Orders that further amended the Constitution. By 2024, there had been 26 amendments, with the most recent being the Twenty-Sixth Amendment, which addressed the higher judiciary.
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What You'll Learn
- The Constitution of Pakistan was ratified in 1973, after being drafted by the government of Zulfikar Ali Bhutto
- It has been amended 23 times, with three additional amendments not passed by Parliament
- The 8th Amendment (1985) strengthened the presidency
- The 18th Amendment (2010) devolved powers to provinces and strengthened Parliament
- The 1973 Constitution was Pakistan's first to be framed by elected representatives
The Constitution of Pakistan was ratified in 1973, after being drafted by the government of Zulfikar Ali Bhutto
The 1973 Constitution established a bicameral legislature, an executive branch headed by the prime minister, and an apex federal judiciary led by the Supreme Court. It comprised 280 articles, divided into 12 parts. The constitution also outlined fundamental rights and freedoms, including freedom of speech, religion, press, movement, association, thought, and intellectual property. It introduced the definition of the state, the idea of life, liberty, and property, individual equality, and the prohibition of slavery.
Despite its unanimous approval, the 1973 Constitution underwent a series of amendments soon after its enactment. From May 1974 to May 1977, the National Assembly passed seven amendments to the constitution. Following a coup d'état in 1977, the constitution was held in abeyance until it was "restored" in 1985 with significant changes that shifted power from the parliament and prime minister to the president.
Over time, the 1973 Constitution has been amended 26 times, with the most recent amendment occurring in 2024. Notable amendments include the 8th Amendment, which strengthened the presidency, the 18th Amendment, which devolved powers to provinces and strengthened parliament, and the 20th Amendment, which further strengthened the Election Commission of Pakistan. These amendments reflect the dynamic nature of Pakistan's constitutional evolution, adapting to the needs and demands of the nation.
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It has been amended 23 times, with three additional amendments not passed by Parliament
The Constitution of Pakistan, which came into effect on 14 August 1973, has been amended 23 times, with three additional amendments not passed by Parliament.
The constitution was drafted by the government of Zulfikar Ali Bhutto, with assistance from the country's opposition parties. It was unanimously approved by the 5th Parliament on 10 April 1973 and ratified on 14 August 1973. The constitution was the first in Pakistan to be framed by elected representatives. It gave the country a parliamentary democracy with executive power concentrated in the office of the prime minister, and the formal head of state—the president—limited to acting on the advice of the prime minister.
The constitution underwent a series of amendments soon after its enactment, with seven amendments made from 8 May 1974 to 16 May 1977. The first amendment, enacted in 1974, amended 14 articles, including Article 1, which substituted the words "Majlis-e-Shoora (Parliament)" for the word "Parliament" in the Constitution.
The eighth amendment, passed in 1985, strengthened the presidency by shifting power from the parliament and prime minister to the president. This was followed by the 13th amendment, which strengthened the prime minister, and the 18th amendment, which devolved powers to provinces and strengthened parliament.
The most recent amendments are the 28th, 29th, and 30th amendments, all passed in 2017. The 28th amendment reenacted expired provisions of the 21st amendment, the 29th amendment introduced Executive Magistracy and reduced the minimum age of High Court judges, and the 30th amendment provided for seats in the Khyber-Pakhtunkhwa Assembly for the Federally Administered Tribal Areas.
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The 8th Amendment (1985) strengthened the presidency
The 1973 Constitution of Pakistan was the country's first to be framed by elected representatives. It established a parliamentary democracy, with executive power concentrated in the office of the prime minister, and the president acting as a ceremonial head of state. The constitution also created institutions such as the Shariat Court and the Council of Islamic Ideology, which channelled the interpretation and application of Islam.
However, the 1973 Constitution was suspended in 1977 following a coup d'état. General Zia-ul-Haq took over the presidency in 1978, and his military government made numerous amendments to the constitution through various Constitution Amendment Orders. The 8th Amendment, passed in 1985, drastically altered the form of the constitution, shifting power from the parliament and prime minister to the president. It amended almost 19 clauses of the constitution, bringing the office of the president of Pakistan to a level comparable to that of the prime minister.
The 8th Amendment gave the president the right to nominate the prime minister, governors of the provinces, and judges of the High and Supreme Courts, including the Chief Justice. The democratically elected prime minister became subservient to the president, who could use their unlimited constitutional powers and was only liable to be counselled by the premier. The president was empowered to dissolve the National Assembly and dismiss the elected prime minister's government. This transformation of the constitution from a parliamentary system into a presidential one was considered a landmark in Pakistan's constitutional history.
The 8th Amendment was repealed in 1997, and subsequent amendments have reduced presidential powers. The 18th Amendment, passed in 2010, revoked presidential powers and changed Pakistan from a semi-presidential system of government to a parliamentary republic. The 28th Amendment, presented in the National Assembly in 2017, re-enacted expired provisions of the 21st Amendment. The 29th Amendment, also presented in 2017, 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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The 18th Amendment (2010) devolved powers to provinces and strengthened Parliament
The 1973 Constitution of Pakistan has been amended 23 times, with the 18th Amendment being passed in 2010. This amendment devolved powers to the provinces and strengthened Parliament, marking a significant shift in the country's governance.
The 18th Amendment addressed the crucial issue of provincial autonomy, which had been a source of tension and even led to the dismemberment of Pakistan in 1971. The amendment abolished the Concurrent Legislative List and devolved several federal ministries to the provinces, granting them self-governing, legislative, and financial autonomy. This move empowered the provinces to make decisions that were previously under federal control, enhancing their independence and ability to govern themselves effectively.
One of the key aspects of the 18th Amendment was the reduction of presidential powers and the strengthening of Parliament. It removed the President's ability to dissolve Parliament unilaterally and limited the President's role to that of a ceremonial head of state. This shift transformed Pakistan from a semi-presidential system to a parliamentary republic, with the Prime Minister as the chair of the Council of Common Interests, further solidifying the power of the legislative branch.
The amendment also introduced a system of caretaker governments during elections, adding Clause 1-A to Article 224 of the Constitution. It increased the total number of members in the National Assembly, Senate, and provincial assemblies and enhanced the representation of women and religious minorities. Additionally, it capped the number of ministers and ministers of state in the federal cabinet at 11% of the total strength of Parliament.
The 18th Amendment had far-reaching implications for Pakistan's political landscape. It reversed the centralization of power by the military rulers and former presidents, restoring the balance between the branches of government. The amendment also addressed long-standing issues related to provincial autonomy, which had been a defining factor in the country's political history since the 1947 Partition. By devolving powers to the provinces, the amendment aimed to strengthen the federal structure of Pakistan and improve governance at the regional level.
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The 1973 Constitution was Pakistan's first to be framed by elected representatives
The 1973 Constitution established a parliamentary democracy, with executive power concentrated in the office of the prime minister. The constitution designates the president of Pakistan as a ceremonial head of state, who is to represent the unity of the state. The first three chapters of the constitution 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; and an apex federal judiciary headed by the Supreme Court.
The 1973 Constitution also introduced certain fundamental rights for citizens of Pakistan, including freedom of speech, religion, press, movement, association, thought, and intellectual, life, liberty and property, and the right to bear arms. The constitution also guaranteed the security of each citizen. Additionally, it redefined the geography and border status of the country, stating that "Pakistan was to be a Federation of Four Provinces."
The 1973 Constitution has undergone numerous amendments since its enactment. There have been a total of 26 amendments, with 23 amendments made to the constitution and three that were not passed by parliament. The first set of amendments came shortly after the constitution's enactment, with seven amendments made by the National Assembly between 8 May 1974 and 16 May 1977. Following a coup d'état in 1977, the constitution was held in abeyance until it was "restored" in 1985 with the Eighth Amendment, which shifted power from the parliament and prime minister to the president. The Eighteenth Amendment in 2010 reversed this, reducing presidential powers and returning the government to a parliamentary democracy. The most recent amendment, the Twenty-sixth Amendment, was made in 2024 and addressed the higher judiciary, including jurisdiction and procedures for the appointment of judges.
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Frequently asked questions
There are 26 total amendments.
The 1973 Constitution was enforced on 14 August 1973.
The 1973 Constitution established a parliamentary democracy with executive power concentrated in the office of the prime minister.
The first amendment to the 1973 Constitution was the Constitution (First Amendment) Act, 1974.
The most recent amendment to the 1973 Constitution was the Twenty-Sixth Amendment, which occurred in 2024.
