Abrogation of the Abrogation of the constitutionconstitution

► 1962 Constitution was abrogated on 1962 Constitution was abrogated on March 26,1969 when General Ayub March 26,1969 when General Ayub Khan resigned and handed over the Khan resigned and handed over the control of the Government to Yahya control of the Government to Yahya Khan, who declared Martial Law and Khan, who declared Martial Law and abrogated the Constitution.abrogated the Constitution.

1973 Constitution1973 Constitution

►Promulgated on 14 August,1973.Promulgated on 14 August,1973.

Written ConstitutionWritten Constitution►Prefaced a preamble and consist of Prefaced a preamble and consist of

280 articles, arranged in 12 parts, and 280 articles, arranged in 12 parts, and six schedules.six schedules.

Rigid ConstitutionRigid Constitution►Only amended by 2/3 majority of Only amended by 2/3 majority of

Parliamentarians.Parliamentarians.Permanent Constitution.Permanent Constitution.

►Obedience of Constitution is the basic Obedience of Constitution is the basic obligation of every citizen of Pakistan.obligation of every citizen of Pakistan.

►Abrogation or attempts or conspires to Abrogation or attempts or conspires to abrogate, subverts or attempts or abrogate, subverts or attempts or conspires to subvert the constitution conspires to subvert the constitution by use of force or show of force or by by use of force or show of force or by any other unconstitutional means shall any other unconstitutional means shall be guilty of high treason.be guilty of high treason.

►Provisions of Fundamental rightsProvisions of Fundamental rights►Guarantees Fundamental rights.Guarantees Fundamental rights.►Federal Structure of State.Federal Structure of State.►Parliamentary form of Parliamentary form of

Government.Government.►Bicameral Legislature.Bicameral Legislature.►Independent Judiciary.Independent Judiciary.►Islamic Provisions.Islamic Provisions.

The Islamic ProvisionsThe Islamic Provisions►Constitution begins with the definition of Constitution begins with the definition of

Islam.Islam.►Pakistan is a federal Republic, to be Pakistan is a federal Republic, to be

known as Islamic Republic of Pakistan.known as Islamic Republic of Pakistan.► Islam shall be the State Religion of Islam shall be the State Religion of

Pakistan.Pakistan.►Makes the definition of a Muslim.Makes the definition of a Muslim.►The President and the Prime Minister The President and the Prime Minister

shall be Muslims believing in the oneness shall be Muslims believing in the oneness of God, the Book of Allah and the last of God, the Book of Allah and the last Prophet-hood of Muhammad(PBUH)Prophet-hood of Muhammad(PBUH)

► Includes Objective resolution.Includes Objective resolution.►The Council of Islamic Ideology shall be set The Council of Islamic Ideology shall be set

up.up.►Friday as holiday.Friday as holiday.►Prohibition of Alcohol and Gambling.Prohibition of Alcohol and Gambling.► Islamiyat and Pakistan Studies as Islamiyat and Pakistan Studies as

Compulsory Subjects upto graduation level.Compulsory Subjects upto graduation level.►Federal Shariat Court through 8Federal Shariat Court through 8thth

amendment.amendment.►Zakat and Ushar(1980)Zakat and Ushar(1980)►Hadood Ordinance.(1977)Hadood Ordinance.(1977)►Salat CommitteesSalat Committees

The PresidentThe President

►Head of State.Head of State.►Should be a Muslim.Should be a Muslim.►Not less than 45 years of age.Not less than 45 years of age.►To be elected by Parliament and To be elected by Parliament and

Provincial assemblies for a term of 5 Provincial assemblies for a term of 5 years.years.

►Could be removed only by the Could be removed only by the Parliament by impeachment for gross Parliament by impeachment for gross misconduct,physical or mental disability misconduct,physical or mental disability and for violation of the Constitution.and for violation of the Constitution.

►Can address and Dissolve the assembly Can address and Dissolve the assembly on advice of Prime Minister.on advice of Prime Minister.

►Can summon the session of Parliament.Can summon the session of Parliament.►Power to appoint the Governors, Power to appoint the Governors,

Attorney General, Chief Election Attorney General, Chief Election Commissioner, Auditor General, Chief Commissioner, Auditor General, Chief Justice, Chiefs of Staff of Army, Air Justice, Chiefs of Staff of Army, Air Force, Navy .Force, Navy .

►Head of Armed Forces.Head of Armed Forces.►Emergency Powers.Emergency Powers.►Can assume executive powers of the Can assume executive powers of the

ProvincesProvinces►Power to pardon, commute of sentences.Power to pardon, commute of sentences.►Chairman of Senate will be acting Chairman of Senate will be acting

President in case of incapacitation or President in case of incapacitation or absence.absence.

LegislatureLegislature

►Bi-Cameral Legislature Bi-Cameral Legislature ►National Assembly and SenateNational Assembly and Senate►345 Total seats of National 345 Total seats of National

Assembly.Assembly.►18 years voter age.18 years voter age.►25 years Candidate age.25 years Candidate age.►At least three sessions of National At least three sessions of National

Assembly in a year.Assembly in a year.

►The assembly to choose Speaker and The assembly to choose Speaker and Deputy Speaker from its own Deputy Speaker from its own members in its first session.members in its first session.

►Life of Assembly is 5 years but could Life of Assembly is 5 years but could be dissolved by the President on be dissolved by the President on advice of Prime Minister earlier.advice of Prime Minister earlier.

►Senate consisted of total of 104 Senate consisted of total of 104 members on basis of proportional members on basis of proportional representation from Provinces.(14 representation from Provinces.(14 general+5 technocrats from each general+5 technocrats from each Province),8 FATA,3 capital territory. Province),8 FATA,3 capital territory.

Prime Minister and CabinetPrime Minister and Cabinet► Leader of House and Head of the Leader of House and Head of the

Government.Government.► Elected by National assembly after 30 Elected by National assembly after 30

days of general elections days of general elections ►Must enjoy the confidence of National Must enjoy the confidence of National

Assembly.Assembly.► Real executive authority vested in the Real executive authority vested in the

Prime Minister.Prime Minister.►He is fully empowered to appoint/dismiss He is fully empowered to appoint/dismiss

his Ministers/Cabinethis Ministers/Cabinet► Collectively responsible to the National Collectively responsible to the National

Assembly.Assembly.

Federal StructureFederal Structure

► Comprised of Comprised of Four Provinces:-Punjab,Sind,NWFP and Four Provinces:-Punjab,Sind,NWFP and

BaluchistanBaluchistan The Islamabad Capital territoryThe Islamabad Capital territory The Federal administered tribal Areas.The Federal administered tribal Areas. Such states and territories as are or Such states and territories as are or

may be included in Pakistan whether may be included in Pakistan whether by accession or otherwise.by accession or otherwise.

► Autonomy for Provinces.Autonomy for Provinces.► Residuary powers were given to Residuary powers were given to

Provinces.Provinces.

►Federal govt. provides security to Federal govt. provides security to Provinces in any case.Provinces in any case.

►Provinces are bound to follow Federal Provinces are bound to follow Federal government’s decisions.government’s decisions.

►Machinery for harmonious relations Machinery for harmonious relations between Center and Provinces:-between Center and Provinces:- The Council of Common InterestsThe Council of Common Interests National Economic CouncilNational Economic Council National Finance Commission.National Finance Commission.

JudiciaryJudiciary

► Independence of Judiciary was Independence of Judiciary was guaranteed.guaranteed.

►Supreme Court:-Supreme Court:-Headed by Chief Justice Headed by Chief Justice with 6 judges.with 6 judges.

► Judges could hold office till the age of 65.Judges could hold office till the age of 65.►Had original as well as appellate Had original as well as appellate

jurisdiction.jurisdiction.► Can take any step to ensure JusticeCan take any step to ensure Justice► Power to review any judgment or any Power to review any judgment or any

order made by it.order made by it.►Head of Judiciary.Head of Judiciary.

►High Court:-High Court:- Each Province had a High Court, Each Province had a High Court, consisted of Chief Justice and other consisted of Chief Justice and other

Judges.Judges. Appointed by the President of Appointed by the President of

Pakistan with consent of Chief Pakistan with consent of Chief Justice of Pakistan.Justice of Pakistan.

Fundamental rightsFundamental rights

►All Fundamental rights are guaranteed All Fundamental rights are guaranteed under the Umbrella of Judiciary.under the Umbrella of Judiciary.

Amendment of ConstitutionAmendment of Constitution

►Constitution can be amended only by Constitution can be amended only by 2/3 majority of members of National 2/3 majority of members of National Assembly.Assembly.

►The constitution has been amended 20 The constitution has been amended 20 times till now.times till now.

Major amendmentsMajor amendments

►Redefined the boundaries of Pakistan and removed references to East Pakistan.(1st)

►Declared the status of Ahmadis as minority and as 'non-Muslim‘.(2nd)

►3rd, 4th, 5th, 6th amendments were relating the judiciary.

►Enables the Prime Minister to obtain a vote

of confidence of the people of Pakistan.(7th)

►Changed Pakistan's government from a Changed Pakistan's government from a Parliamentary system to a Semi-Parliamentary system to a Semi-presidential system by giving the presidential system by giving the President a number of additional President a number of additional powers.(8powers.(8thth))

►Stripped the President of Pakistan of his Stripped the President of Pakistan of his reserve power to dissolve the National reserve power to dissolve the National Assembly of Pakistan, and thereby Assembly of Pakistan, and thereby triggering new elections and dismissing triggering new elections and dismissing the Prime Minister.(13the Prime Minister.(13thth))

►For prevented Floor crossing (14For prevented Floor crossing (14thth))

►Made changes dealing with the office of Made changes dealing with the office of the President and the reversal of the the President and the reversal of the effects of the Thirteenth Amendment.(17effects of the Thirteenth Amendment.(17thth))

►Removed the power of President of Removed the power of President of Pakistan to dissolve the Parliament Pakistan to dissolve the Parliament unilaterally.(18unilaterally.(18thth))

►Related to the appointment of chief justice.Related to the appointment of chief justice.(19(19thth))

►For Free and Fair Elections.(20For Free and Fair Elections.(20thth))►For Speedy Trial Military Court to deal with For Speedy Trial Military Court to deal with

terrorism. (21)terrorism. (21)