The basic structure of the Constitution of Islamic Republic of Pakistan 1973
The Constitution of 1973 is the final Constitution of Pakistan, comprising of 12 parts,1 annexure and 7 schedules of which two schedules, 6th and 7th, are omitted by 18th Amendment Act 2010(x of 2010).
2. Structure of The Constitution
First part of the constitution introduces the republic, its physical and ideological boundaries, Islam being the state religion, and that Objectives Resolution made
substantive part of the constitution as the annexure.
3. Fundamental Rights and policy of the country
Second part deals with the fundamental rights and principles of policy of the country and practically leads the country to a welfare state as its founder Mr. Jinnah had predicted it for. Human rights are addressed in one fine sitting that laws inconsistent with derogation of fundamental rights to be void and then further made it more clear that every person is to be given security by state, safeguards as to arrest and detention, right to fair trial, prohibited slavery and forced labor etc, gave protection against retrospective and double punishment and also self-incrimination, maintained dignity of man and privacy of home whether for extracting evidence of for any other purpose, shall be inviolable.
Right to freedom of assembly, association, trade, business, profession, speech and right to information are recognized. More importantly every citizen is given the right to profess, practice and propagate his religion and also, protection is given against taxation for purposes of any particular religion and to educational institutions that no person attending any educational institution shall be required to receive religious instructions or take part in any religious ceremony or attend religious worship other than his own and that there shall be no discrimination in any religious institution regarding granting of exemption of concession in relation of taxation. Right to acquiring property and its ownership rights are protected, also right to education, non discrimination in respect of access to public places and safeguard against discrimination in services on the ground of race, religion, caste, sex, residence or place of birth.
And then comes the principles of policy which involves leading an Islamic way of life, composition of Islamic Council representing Islamic Ideology and rule that all laws enacted in Pakistan, shall be according to the injunctions of Islam, Quran and Sunnah, and that in the application of this rule it is of utmost importance that Personal Law of any Muslim Sect shall mean the Qura’n and Sunnah as interpreted by that sect and also that this rule shall not affect the personal law of non-Muslim citizens or their status as citizens.
Principles of policy also involve promotion of local government institutions, discouraging parochial, racial, tribal, sectarian and provincial prejudices and ensuring full participation of women in all spheres of national life. It also protects family, minorities, promote social justice and economic well-being and insist on eradication of social evils, recognize right of people to participate in Armed forces, favors the strengthening of bonds with Muslim world and promoting international peace.
4. Federal Government
Third part states about the federation of Pakistan and introduces a bicameral legislative system, where president, his office and his duties towards the nation are explained. The federal government, its cabinet, federal ministers, ministers of state , advisors and other functions of the state are mentioned. The MAJLIS- E-SHOORA (Parliament) composition and dissolution, duration and meetings of it, the national assembly and senate, legislative and financial procedures are perfectly described.
5. Provincial Government
Fourth part deals with the system of provinces, regarding appointment and powers of governors, constitution of provincial assembly and dissolution of it, financial procedure regarding provincial consolidation fund and public account, its custody and annual budget.
6. Federation and Provinces
Fifth and sixth part comes with the description about relationship between federation and provinces regarding distribution of legislative and administrative powers, also the distribution of water, electricity, natural gas, broadcasting and telecasting, revenue, borrowing and audit, maintaining accounts, property, contracts, liabilities and suits.
Seventh part introduces the Judiciary system of the country, establishment and jurisdiction of courts in general and of supreme courts, high courts and federal shariat court in particular.
8. Elections, Emergency and Amendments
Eighths, ninth, tenth and eleventh part of the Constitution of Pakistan deal with elections and and its conduct, with emergency provisions and with amendment of constitution if ever needed.
Twelfth part deals with services, armed forces, tribal areas (erstwhile), Immunity of certain personnel of the government, national language and other special provisions and definitions.