Constitution OF 1973 - Lecture notes 7-8 PDF

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PREAMBLE OF 1973-CONSTITUTIONThe constitutional achievement of Liaquat Ali Khan’s government was ‘Objective Resolution’ passed by the then parliament in 1949. This resolution was ample enough to elaborate the future constitutional policy of Pakistan. Thus, after two decades realizing its importance ...

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PREAMBLE OF 1973-CONSTITUTION The constitutional achievement of Liaquat Ali Khan’s government was ‘Objective Resolution’ passed by the then parliament in 1949. This resolution was ample enough to elaborate the future constitutional policy of Pakistan. Thus, after two decades realizing its importance the government of Z. A. Bhutto adopted it to be made as the ‘Preamble of the Constitution of Pakistan 1973.’ We may say that this preamble is a collection of words indicating the principles used as guidelines by its framers. INTERPRETATION Osborn Law Dictionary points out the meaning of ‘preamble’ to be ‘the recital set out in the beginning of some Act’. Black’s Law Dictionary reports that, ‘Preamble is a clause at the beginning of constitution or statute, explanatory for reasons of its enactment and the objects sought to be accomplished.’ Political thoughts of Aristotle unfold that he believed constitution to be “An arrangement of the magistracies in a state, especially the highest of all.” Judge Marshall in holding the decision of Marbury v. Madison case defined constitution, “It is a declaration of fundamental laws for the government of the state.” NATURE OF PREAMBLE OF 1973-CONSTITUTION Preamble of 1973-constitution is a key that opens the door to the rules and regulations of the state. As far as binding nature of this preamble is concerned it’s not legally enforceable. SIGNIFICANCE OF THE PREAMBLE Preamble to a constitution or statute helps in; ▪

Pointing out the basis of the law enacted

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Unfolding the objective of the law enforced

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Interpreting the provisions of the statue

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Providing an overview of the constitution

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A blend of historical endeavor and future policies about the subject of the law

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Preamble is the spirit of the constitution

WHAT PRINCIPLES THE PREAMBLE LAYS DOWN IN 1973-CONSTITUTION? The principles used as guidelines in the preamble of the 1973-constitution play important role in shaping all its 280 provisions. These principles are discussed below; (A) SOVEREIGNTY RESTS WITH THE LORD The primary and fundamental principle mentioned in the preamble is a depiction of the Quran’s verse; “To Him (Allah) belongs the sovereignty of heavens and earth.” The country attained in the name of Allah’s dearest religion Islam endorses one of His

principles in the introduction of its constitution in these words; “Entire Universe belongs to Allah Almighty alone.” (B) DELEGATED AUTHORITY Second, part of this principle notes that, “The authority to be exercised by the people of Pakistan within the limits prescribed by Him is a sacred trust.” This phrase, where on one hand delegates a part of Allah’s sovereignty to the people of Pakistan there on other hand it also checks and circumferences it. (C) DELEGATED AUTHORITY TO BE EXERCISED BY CHOSEN REPRESENTATIVES Going coherent to the previous principle, here it has been explicitly stated that, “People of Pakistan shall establish an order wherein the state shall exercise its powers through chosen representatives of people.” Here, the preamble has secured two things; one, the democratic system and the other, obedience of the ruler choose by the masses. (D) ESTABLISHMENT OF AN ORDER OF DEMOCRACY & ISLAMIC TRAITS “Democracy, freedom, equality, tolerance and social justice” are the traits to be enunciated in the system purified by Islam. Not it’s all but the Muslims shall be enabled to ordain their lives in accordance with the teachings of this religion. (E) SECURING THE ATMOSPHERE SUITABLE TO THE MINORITIES Jinnah’s immense emphasis on the rights of minorities in the newly born Pakistan was still sounding in the parliament that framed ‘objective resolution’ which later became the Preamble of the law of land. It directs for the establishment of ‘adequate provisions to ensure the minorities their right to profess and practice their religions and develop their cultures.’ At another juncture it also hinted about ensuring legitimate interests for depressed classes and minorities. (F) FORMATION OF FEDERATION Pakistan shall be a federal state ‘wherein the units will be autonomous with boundaries and limitations as may be prescribed.’ (G) GUARANTEED FUNDAMENTAL RIGHTS Preamble has ensured fundamental rights for its citizens and that’s why from Article-9 to Article-28 these have been guaranteed. (H) INDEPENDENT JUDICIARY Advancement of justice has always been a critical job and to make it simpler a judicial system without the impact of political hierarchy over it is to be built as said in the preamble. (I) INTEGRATED PAKISTAN Territories of Federal Pakistan shall be integrated to ensure the solidity and indivisibility of the nation.

(J) INTERNATIONAL PEACE, PROGRESS & HAPPINESS OF HUMANITY Preamble has also emphasized on the role of people of Pakistan in international peace, progress and happiness of humanity. PLEDGE MADE IN THE PREAMBLE In the last part of the preamble, the masses of Pakistan have made a pledge which commences with the words; ‘We the People of Pakistan’ are cognizant of the responsibility before the Almighty and of the sacrifices made in cause of Pakistan. We are faithful to the declaration made by Jinnah that the state would be a democratic Islamic one and are dedicated to preserve it. Finally, they state that, through their representatives in national assembly, they ‘adopt, enact and to give to themselves this constitution.’ After general elections of 1971, Pakistan People Party came in rule. On 17th April, 1972 a commission was formed by national assembly to make the draft for a new constitution. This draft was presented in assembly on 20th October, 1972. The draft made was given assent of President on 12th April, 1973. The new constitution was enforced on 14th August, 1973 in the country and still the country is being ruled by this constitution. SALIENT FEATURES OF CONSTITUTION OF 1973 Written Constitution Just like the old constitutions of Pakistan, constitution of 1973 was also a written constitution. Detailed Constitution Constitution of 1973 was a detailed constitution with 250 articles, 12 parts and 7 schedules. Preamble Objective resolution was included in preamble of this constitution. It states that sovereignty belongs to Allah Almighty. Name of Country Name of country declared was “Islamic Republic of Pakistan.” Islam was declared as state religion. National Language The constitution declared Urdu as national language. However, English was made official language. Federal System According to the constitution, Pakistan shall be a federation where the units or the provinces shall be autonomous.

Form of Government The constitution stated that there shall be parliamentary form of government where prime minister shall be the head of the government and president shall be the head of the state. Bicameral System The constitution of 1973 introduced bicameral system in the country. National assembly and Senate were the two houses introduced for legislature. Fundamental Rights Article 8-28 of the constitution gave fundamental rights for citizens of Pakistan. Principles of Policy Article 29-40 of the constitution introduced directive principles for state policy. Rigid Constitution Constitution of 1973 is a rigid constitution. At least two-third majority is required to amend the constitution. Direct Elections The constitution introduced method of direct elections for national as well as provincial assemblies. Independence of Judiciary The constitution declared that the judiciary shall be independent of executive. Referendum The constitution authorizes the president to hold referendum on any national issue. Rule of Law The 1973 constitution establishes rule of law in the country. High Treason According to the constitution, the act of unconstitutional abrogation of the constitution has been declared as act of high treason....