Ch13. Constitution of Pakistan 1973

Background & Making

Passed by the National Assembly on 10 April 1973, enforced 14 August 1973 — first constitution framed by a directly elected assembly (1970 elections) with genuine consensus (agreed to by 125 of 130 members present)
Drafted under PM Zulfikar Ali Bhutto following the trauma of 1971 dismemberment (loss of East Pakistan/Bangladesh) — designed partly to restore federal trust after the One Unit/parity failures of 1956 & 1962
Built on the interim 1972 arrangement; incorporated input from opposition via the multi-party Constitution Committee (chaired by Mahmud Ali Kasuri)

Federal parliamentary system — PM is chief executive (real power), President is ceremonial head of state (in original 1973 form; altered by later amendments — see below)
Bicameral legislature — National Assembly (directly elected, lower house, more powerful — money bills, no-confidence) + Senate (equal provincial representation, upper house, ensures small-province voice)
Written & rigid — amendment requires 2/3 majority in both houses (Article 239); can't be changed by simple legislation
Islamic provisions: Islam declared State Religion (Art. 2); Objectives Resolution made substantive part via Art. 2A (added by 8th Amendment, 1985); Council of Islamic Ideology (advisory); laws must conform to Quran & Sunnah (Art. 227); President & PM must be Muslim
Fundamental Rights (Art. 8-28) — justiciable, enforceable via courts; includes equality, freedom of speech/assembly/religion, due process
Independent judiciary — Supreme Court, High Courts; judicial review power to strike down unconstitutional laws
Federal structure — Federal Legislative List + Concurrent List (concurrent list abolished by 18th Amendment, 2010, giving provinces more autonomy)
Council of Common Interests (CCI) & National Finance Commission (NFC) — institutional mechanisms for federal-provincial resource/policy coordination
Emergency provisions (Art. 232-237) — President can proclaim emergency on war, internal disturbance, or financial emergency

Never fully abrogated, unlike 1956 & 1962 constitutions — only suspended/held in abeyance: Zia-ul-Haq (1977-85, martial law, restored with 8th Amendment distortions), Musharraf (1999-2002, restored with 17th Amendment distortions)
Each restoration involved amendments that reshaped the presidential-parliamentary balance — the constitution's endurance despite distortion is itself a major exam theme ("resilience of the 1973 framework")

Amendment	Year	Regime	Key Change
1st-7th	1974-77	Bhutto	Minor/procedural; FSF, defection clause, etc.
8th	1985	Zia	Article 58(2)(b) — President's power to dissolve NA unilaterally; Art. 2A (Objectives Resolution substantive); indemnified martial law acts
13th	1997	Nawaz II	Repealed 58(2)(b) — restored PM supremacy
14th	1997	Nawaz II	Anti-defection clause strengthened
17th	2003	Musharraf	Restored 58(2)(b)-like presidential powers; indemnified Musharraf's actions; Legal Framework Order incorporated
18th	2010	PPP coalition	Landmark — removed 58(2)(b) permanently; abolished Concurrent List (major provincial autonomy); renamed NWFP→KP; Judicial Commission for judges' appointments; PM's powers over caretaker govt, service chiefs appointments
19th	2010	PPP coalition	Adjusted judges' appointment process (Parliamentary Committee review role) after SC objections to 18th Amendment's JC composition
20th	2012	PPP coalition	Neutral caretaker government/ECP appointment mechanism for free elections
21st	2015	PML-N	Allowed military courts to try civilians for terrorism (2-year sunset clause, post-APS Peshawar attack)
25th	2018	PML-N	Merged FATA into Khyber Pakhtunkhwa, abolishing separate tribal-area (FCR) status
26th	2024	PML-N/PPP coalition	Constitutional Benches in SC/HCs; changed CJP appointment (parliamentary committee picks from 3 senior-most judges, diluting strict seniority principle); fixed 3-year CJP term