ASSIGNMENT NO:

2nd

TOPIC
SALIENT FEATURES OF 1973 CONSTITUTION AND FIVE AMENDMENTS.

SUBMITTED BY
Muhammad Anas
ROLL NO: 593

SUBMITTED TO
SIR’ MUHAMMAD JAMSHED

SUBJECT
CONSTITUTIONAL DEVELOPMENT OF PAKISTAN

SEMESTER
7th
TABLE OF CONTENTS

 ABSTRACT

 Preamble

 Introduction

 Salient Features of the 1973 Constitution

 Federal Structure

 Parliamentary System

 Bicameral Legislature

 Fundamental Rights and Freedoms

 Independence of Judiciary

 Islamic Provision

 Role of the Armed Forces

 Decentralization

 Amendments to the 1973 Constitution

 First Amendment


Second Amendment

Third Amendment
 Fourth Amendment
 Fifth Amendment

Detailed Veiw of the amendments
 Conclusion
 ABSTRACT

The 1973 Constitution of Pakistan is a pivotal legal document that establishes Pakistan as a federal

republic with a parliamentary system, delineating the balance of power between the central government

and provinces while embedding democratic and Islamic principles. Adopted on April 10, 1973, it provides

for a bicameral legislature consisting of the National Assembly and the Senate, ensures fundamental

rights and freedoms for citizens, and guarantees the independence of the judiciary through the Supreme

Court. The Constitution integrates Islamic values by declaring Islam as the state religion and ensures

laws conform to Islamic teachings, while also promoting provincial autonomy through decentralization to

address regional needs effectively. This comprehensive framework aims to maintain national unity,

protect individual liberties, and foster a stable and equitable governance structure.
 THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN

Preamble [12TH APRIL, 1973]

Whereas sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority to be exercised by the

people of Pakistan within the limits prescribed by Him is a sacred trust; And whereas it is the will of the people of Pakistan

to establish an order; Wherein the State shall exercise its powers and authority through the chosen representatives of the

people; Wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be

fully observed; Wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in

accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah; Wherein adequate

provision shall be made for the minorities freely to profess and practise their religions and develop their cultures; Wherein

the territories now included in or in accession with Pakistan and such other territories as may hereafter be included in or

accede to Pakistan shall form a Federation wherein the units will be autonomous with such boundaries and limitations on

their powers and authority as may be prescribed; Wherein shall be guaranteed fundamental rights, including equality of

status, of opportunity and before law, social, economic and political justice, and freedom of thought, expression, belief,

faith, worship and association, subject to law and public morality; Wherein adequate provision shall be made to safeguard

the legitimate interests of minorities and backward and depressed classes; Wherein the independence of the judiciary shall

be fully secured; CONSTITUTION OF PAKISTAN 2 Wherein the integrity of the territories of the Federation, its

independence and all its rights, including its sovereign rights on land, sea and air, shall be safeguarded; So that the people of

Pakistan may prosper and attain their rightful and honoured place amongst the nations of the World and make their full

contribution towards international peace and progress and happiness of humanity; Now, therefore, we, the people of

Pakistan; Conscious of our responsibility before Almighty Allah and men; Cognisant of the sacrifices made by the people in

the cause of Pakistan; Faithful to the declaration made by the Founder of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah,

that Pakistan would be a democratic State based on Islamic principles of social justice; Dedicated to the preservation of

democracy achieved by the unremitting struggle of the people against oppression and tyranny; Inspired by the resolve to

protect our national and political unity and solidarity by creating an egalitarian society through a new order; Do hereby,

through our representatives in the National Assembly, adopt, enact and give to ourselves, this Constitution.
 "Salient Features of the 1973 Constitution of Pakistan and Five Amendments”

 Introduction:

The 1973 Constitution of Pakistan is a significant milestone in the country's political history. It establishes the

framework for governance, defines the powers and responsibilities of various institutions, and enshrines fundamental rights for

citizens. Since its adoption, several amendments have been made to address evolving political, social, and economic challenges.

This assignment explores the salient features of the 1973 Constitution and provides a detailed overview of five key amendments.

 Salient Features of the 1973 Constitution

 Federal Structure

The 1973 Constitution establishes Pakistan as a federal republic with a clear division of powers between the central

government and the provinces. It sets out a federal framework to ensure that different regions have autonomy in certain matters

while maintaining national unity.

 Parliamentary System

It provides for a parliamentary system of governance, where the Prime Minister is the head of government, and the

President is the ceremonial head of state. This system emphasizes the role of the Prime Minister and the Cabinet in running the

executive branch.

 Bicameral Legislature

The Constitution creates a bicameral legislature consisting of the National Assembly (lower house) and the Senate

(upper house). The National Assembly is directly elected by the people, while the Senate represents the provinces.

 Fundamental Rights and Freedoms

 It guarantees fundamental rights and freedoms to all citizens, including the right to equality, freedom of speech,

freedom of assembly, and protection against discrimination. These rights are enshrined to safeguard individual liberties and

promote social justice.

 Independence of Judiciary

The Constitution ensures the independence of the judiciary by providing for the separation of powers. It

establishes a Supreme Court with the authority to interpret laws and protect constitutional rights.

 Islamic Provision

It incorporates Islamic principles into the legal framework, including the declaration that Islam is the state

religion and the establishment of laws consistent with Islamic teachings. The Constitution also mandates that no law shall be

repugnant to the teachings of Islam.

 Role of the Armed Forces

The Constitution outlines the role of the armed forces, emphasizing their duty to protect the country’s

sovereignty and integrity while remaining apolitical and under civilian control.

 Decentralization:

It includes provisions for decentralization, giving provincial assemblies legislative powers in certain areas. This

ensures local governance and the ability of provinces to address regional needs effectively.

 Amendments to the 1973 Constitution

 First Amendment (1973)

o Objective: Adjust provincial representation in the National Assembly.

o Summary: Realigned the representation of provinces and territories in the National Assembly to better

reflect demographic changes and political realities.

 Second Amendment (1973)

o Objective: Refine fundamental rights and judicial matters.

o Summary: Enhanced protections for religious minorities and clarified judicial oversight and procedures

related to fundamental rights.

 Third Amendment (1973)

o Objective: Modify the federal-provincial power structure.

o Summary: Adjusted the division of powers between the federal and provincial governments, enhancing

provincial autonomy.

 Fourth Amendment (1973)

o Objective: Strengthen the parliamentary system and the role of the Prime Minister.

o Summary: Refined the appointment processes for ministers and clarified the powers of the Prime Minister to

ensure a more effective parliamentary system.

 Fifth Amendment (1973)

o Objective: Improve judicial appointments and independence.

o Summary: Modified the procedures for the appointment and removal of judges to ensure greater

transparency and independence in the judiciary.

 Detailed view of the Five Amendments

 First Amendment (1973)

o Context: After the adoption of the 1973 Constitution, it became apparent that the representation in the

National Assembly needed adjustment to better reflect the changing demographics and political dynamics.

o Details:

 Adjustment in Representation: This amendment revised the allocation of seats in the National

Assembly to better represent the provinces and territories.

  Purpose: To ensure fair representation of different linguistic and ethnic groups in the legislative

process, addressing the concerns of underrepresentation.

 Second Amendment (1973)

o Context: The initial provisions on fundamental rights and judicial matters required clarification to address

practical issues and protect minority rights more effectively.

o Details:

 Fundamental Rights: Enhanced the protection of religious minorities and made adjustments to

ensure clearer guidelines on fundamental rights.

 Judicial Oversight: Refined judicial oversight mechanisms to improve the enforcement of rights

and legal clarity.

 Purpose: To provide a more robust framework for protecting individual rights and ensuring judicial

accountability.

 Third Amendment (1973)

o Context: The division of powers between the federal and provincial governments needed refinement to

balance governance and address the demands for greater provincial autonomy.

o Details:

 Federal-Provincial Balance: Adjusted the allocation of powers between the federal government

and the provinces.

 Purpose: To enhance provincial autonomy and clarify the responsibilities of federal and provincial

governments, promoting more effective governance.

 Fourth Amendment (1973)

o Context: The parliamentary system required improvements to streamline the appointment of ministers and

clarify the role of the Prime Minister.

o Details:

 Prime Minister's Role: Strengthened the position of the Prime Minister and clarified the

procedures for ministerial appointments.

  Parliamentary System: Improved the efficiency of the parliamentary system by refining

governance procedures.

 Purpose: To ensure a more effective and functional parliamentary system, enhancing the Prime

Minister's ability to lead and govern.

 Fifth Amendment (1973)

o Context: There were concerns about the independence and transparency of the judiciary, necessitating

changes to judicial appointment procedures.

o Details:

 Judicial Appointments: Modified the procedures for the appointment and removal of judges to

ensure greater transparency and independence.

 Purpose: To enhance judicial independence and accountability, ensuring that the judiciary operates

without undue influence.

 Conclusion:

The 1973 Constitution of Pakistan represents a crucial framework for the country’s governance, balancing federal

and provincial powers, safeguarding fundamental rights, and incorporating Islamic principles. Over the years, various

amendments have been made to address political and social changes, shaping Pakistan’s constitutional landscape. Each

amendment has played a role in refining the governance structure, enhancing regional autonomy, and ensuring a more

effective and equitable legal system. Understanding these features and amendments is essential for grasping the evolution of

Pakistan’s political and legal system

.
The five amendments made to the 1973 Constitution of Pakistan were crucial in refining the original

document to better address the political, administrative, and legal needs of the country. Each amendment served to improve

specific aspects of governance, from legislative representation and fundamental rights to federal-provincial relations and judicial
independence. Understanding these amendments provides insight into the ongoing evolution of Pakistan's constitutional

framework and its impact on the country's governance.