Isabella Carter
The 1973 Constitution of Pakistan has been amended 23 times, with 26 amendments in total, including three that were not passed by parliament. The constitution was drafted by the government of Zulfikar Ali Bhutto and was ratified on 14 August 1973. It established Pakistan as a federal parliamentary republic with Islam as its state religion. The constitution has been amended several times since its inception, with the most recent amendment being the Twenty-sixth Amendment in 2024, which amends provisions related to the higher judiciary.
| Characteristics | Values |
|---|---|
| Total number of amendments | 26 or 27 or 34 |
| Amendments by Acts of Parliament | 10 |
| Amendments by Presidential Orders | 24 |
| Total number of Articles | 280 |
| Number of Parts | 12 |
| Date of adoption | 12 April 1973 |
| Date of ratification | 14 August 1973 |
| Date of enforcement | 14 August 1973 |
| Number of amendments from May 8, 1974, to May 16, 1977 | 7 |
| Number of amendments from 1979 to 1985 | 2 dozen |
| Number of amendments since the restoration of democracy | 3 |
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What You'll Learn
Amendments to the Constitution of Pakistan, 1973
The Constitution of Pakistan, enforced in 1973, has been amended 23 times, with 26 total amendments (three of which were not passed by parliament and collapsed). The constitution was first 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 April 10 and ratified on August 14, 1973.
The first three chapters of the constitution establish the rules, mandate, and 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 Constitution designates the President of Pakistan as a ceremonial Head of State, representing the unity of the state. The first six articles outline the political system as a federal parliamentary republic system, with Islam as the state religion.
The 1973 Constitution also created institutions such as the Shariat Court and the Council of Islamic Ideology to interpret and apply Islam. It also introduced fundamental rights, including freedom of speech, religion, press, movement, association, thought, and intellectual, life, liberty, and property, as well as the right to bear arms.
Over the years, various amendments have been made to the 1973 Constitution. The Eighth Amendment in 1985 shifted power from the parliament and Prime Minister to the President. The Eighteenth Amendment in 2010 reduced presidential powers, returning the government to a parliamentary democracy. Other amendments have addressed various issues, such as the formation of the Election Commission, pension payments to widows of Supreme Court and High Court judges, and the introduction of Executive Magistracy. The most recent amendment, the Twenty-Sixth Amendment in 2024, addressed provisions related to the higher judiciary, including the jurisdiction and appointment procedures for judges.
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The 1973 Constitution: Supreme law of the land
The Constitution of the Islamic Republic of Pakistan was ratified on 14 August 1973, and came into full effect on the same day. It was the first constitution in Pakistan to be framed by elected representatives. The 1973 Constitution gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister. It also designated the president of Pakistan as a ceremonial head of state.
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 signed by the President of the Assembly on 12 April 1973. The first six articles of the constitution outline the political system as a federal parliamentary republic system, as well as Islam as its state religion. The constitution also stipulates that all laws are to conform with the injunctions of Islam as laid down in the Quran and Sunnah.
The 1973 Constitution was the supreme law of the land, although certain parts were held in abeyance on account of state necessity. The constitution underwent a series of amendments soon after its enactment, including minor and major amendments. Seven amendments were made from 8 May 1974 to 16 May 1977 by the National Assembly. In total, there have been 23, 26, 27, or 34 amendments, depending on the source. Some notable amendments include the 8th amendment, which strengthened the presidency, the 13th amendment, which strengthened the prime minister, and the 18th amendment, which devolved powers to provinces and strengthened parliament.
The 1973 Constitution remains significant today, despite the numerous amendments that have been made over the years. It provides the foundation for Pakistan's political system and guarantees certain rights and freedoms for its citizens. It has also played a crucial role in shaping the country's history and continues to be a vital document that guides the nation's governance.
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The 8th Amendment: Strengthening the presidency
The Constitution of the Islamic Republic of Pakistan 1973 has undergone a series of amendments since its adoption, with a total of 34 amendments made to the constitution, 10 of which were made by Acts of Parliament and 24 through Presidential Orders.
The 8th Amendment, enacted in November 1985, was an omnibus amendment that aimed to strengthen the presidency. It gave legal cover to General Zia ul-Haq's martial law and legitimised all laws, orders, and actions taken during that period. This amendment was part of a series of amendments made between 1979 and 1985 by the then Chief Martial Law Administrator/President, who had been recognised by the Supreme Court as having the power to amend the constitution.
The 8th Amendment stands out as a significant alteration to the original document, marking a shift in the balance of power towards the executive branch. The amendment's focus on bolstering the presidency highlights the evolving nature of Pakistan's constitutional framework, which has been subject to ongoing revisions to accommodate shifting political priorities and circumstances.
The period between 1979 and 1985, during which the 8th Amendment was enacted, witnessed a concentration of power in the hands of the President, who utilised their authority to issue a series of Presidential Orders to amend the constitution. This phase of Pakistan's constitutional history underscores the dynamic nature of governance and the pivotal role played by key figures in shaping the nation's political landscape.
The 8th Amendment exemplifies how constitutional amendments can be leveraged to reinforce specific elements of a nation's power structure, in this case, enhancing the presidency's authority within Pakistan's governmental framework. This amendment serves as a reminder of the ongoing evolution of constitutional democracies and the enduring quest for a balanced distribution of powers.
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The 18th Amendment: Reducing presidential powers
The Constitution of the Islamic Republic of Pakistan, 1973, has been amended 34 times—10 times by Acts of Parliament and 24 times through Presidential Orders. The 18th Amendment, in particular, devolved powers to provinces and strengthened parliament.
The 18th Amendment was one of the notable amendments to the 1973 Constitution of Pakistan, along with the 8th and 13th Amendments. The 8th Amendment strengthened the presidency, while the 13th Amendment strengthened the prime minister.
The 1973 Constitution was adopted by the Assembly elected in United Pakistan through the December 1971 elections. It was the first election based on adult franchise. The Constitution was unanimously adopted on April 12, 1973, when it was signed by the President of the Assembly. However, soon after its enactment, it underwent a series of amendments, including minor and major changes.
Seven amendments were made from May 8, 1974, to May 16, 1977, by the National Assembly that passed the Constitution. The eighth amendment was passed in November 1985 to give legal cover to General Zia ul Haq's martial law and all laws, orders, and actions taken during that period.
The 18th Amendment, which devolved powers to provinces and strengthened parliament, was a significant step in the evolution of Pakistan's constitutional framework. It marked a shift in the balance of power by reducing presidential powers and granting greater autonomy to the provinces. This amendment reflects the country's commitment to federalism and the recognition of the diverse needs and perspectives of its regions.
The specific provisions and implications of the 18th Amendment are not publicly available. However, it is clear that this amendment played a pivotal role in shaping Pakistan's political landscape by redefining the relationship between the central government, provincial authorities, and the people they represent.
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The 26th Amendment: Amendments to the higher judiciary
The Constitution of the Islamic Republic of Pakistan 1973 has seen a series of amendments since its adoption, with 34 amendments in total as of 1994. Seven amendments were made between May 8, 1974, and May 16, 1977, by the National Assembly that passed the Constitution.
The 26th Amendment to the Constitution of Pakistan is a significant one, aiming to redefine the balance of power between the judiciary and the legislature. This amendment seeks to address issues of judicial overreach, lack of accountability, and the misuse of judicial review, with the ultimate goal of strengthening Pakistan's democratic framework.
The 26th Amendment introduces measures to bring the judiciary under greater legislative control. One key proposal is to subject the performance of top courts to legislative-led audits, enhancing transparency and ensuring the judiciary operates within its mandate. This amendment also seeks to curb the frequent invocation of suo moto powers in cases of public importance, which has been criticised as judicial overreach.
The judiciary and the legislature are both essential institutions in a democratic government, each with distinct roles and responsibilities. An independent judiciary is a cornerstone of constitutional democracies, but tensions can arise between judicial independence and legislative control as each institution asserts its authority. This tension was particularly evident in Pakistan, and the 26th Amendment is an attempt to resolve this power struggle.
While some legal experts view the 26th Amendment as a positive step towards parliamentary supremacy, others argue that it undermines the independence of the judiciary and the very fabric of the Constitutional principle. Critics believe that the amendment lacks the support of all political parties and may not endure for long.
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Frequently asked questions
There have been 26 amendments to the 1973 Constitution of Pakistan, with 23 amendments being made to the constitution and three not passed by parliament.
Seven amendments were made to the constitution between May 8, 1974, and May 16, 1977, by the National Assembly. Martial Law was proclaimed in 1977, and the constitution was held in abeyance until 1985. During this period, the Chief Martial Law Administrator/President made a series of amendments.
The Eighteenth Amendment in 2010 reduced presidential powers and returned the government to a parliamentary republic. The Twenty-Eighth Amendment was passed in 2017 to re-enact expired provisions of the Twenty-First amendment. The Twenty-Ninth Amendment was also passed in 2017 to introduce Executive Magistracy and reduce the minimum age of High Court judges.
The Eighth Amendment in 1985 strengthened the presidency, shifting power from the parliament and Prime Minister to the president. The Thirteenth Amendment strengthened the Prime Minister, and the Seventeenth Amendment in 2003-2004 continued the shift towards greater presidential power. The Eighteenth Amendment devolved powers to provinces and strengthened parliament.
The 1973 Constitution of Pakistan established a parliamentary democracy with executive power concentrated in the office of the prime minister. It also created institutions such as the Shariat Court and the Council of Islamic Ideology to interpret and apply Islam. The constitution outlines 12 parts and 280 articles.
