# The basic structure of 1973 constitution

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**1973 constitution of pakistan**

The Constitution of the Islamic Republic of Pakistan, also referred to as the 1973 Constitution, is that the supreme law of Pakistan. Drafted by the govt of Zulfiqar Ali Bhutto, with additional assistance from the country’s opposition parties, it had been approved by the Parliament on 10 April and ratified on 14 August 1973-Source Wikipedia.

**Introduction**

The 1973 constitution contains 280 articles and seven schedules, and establishes a centralized federal system. The constitution passed thanks to several reasons associated with public, national assembly and parliament. 280 articles containing constitution passed on 10th April 1973 under the governance lately Zulfiqar Ali Bhutto father lately Benazir Bhuttoaftdr separation of Bangladesh or now know as Bangladesh in 1970.before 1973 constitution two more constitution were passed which were 1952 and 1956 constitution.  
Main features of 1973 constitution of pakistan:  
The 1973 constitution contains 280 articles and seven schedules, and establishes a centralized federal system. The constitution was put forth to correct following weakness in the system of pakistan. Which are:

**Federal executive**

According to constitution The President is that the head of state, represents the unity of the republic and is elected by an easy majority of an body consisting of members of the 2 houses of federal legislature and of the four provincial legislatures. The President are often removed if he or she is found unfit to carry office thanks to physical incapacity or impeached just in case of violation of the constitution in a ■■■■■ sitting of the federal houses by votes of not but two-thirds of its total membership.

The President is the boss of state, represents the unity of the republic and is elected by a majority of Temporal college consisting of members of the 2 houses of federal legislature and of the four provincial legislatures. The President can be removed if he or she is found unfit to hold office due to physical incapacity or in case of violation of the constitution in a ■■■■■ sitting of the federal houses by votes of not but two-thirds of its total membership.

The Prime Minister is elected by members of the lower house of the federal legislature after every election , and other cabinet ministers are appointed by the President consistent with the advice of the Prime Ministers. The executive authority of the federal is exercised within the name of the President by the Prime Minister, or through him, by the federal ministers. The federal cabinet under the Prime Minister aids and advises the President within the exercise of her or his functions. However, within the performance of her or his functions, the President is to act on and in accordance with the recommendation of the cupboard or the Prime Minister, except in cases where the constitution has vested the President with discretionary powers. The Prime Minister is to stay the President informed about all matters of internal or policy , and every one legislative proposals the federal cabinet intends to bring before parliament.

The federal cabinet is collectively responsible to both houses of parliament.

**Federal lagislature**

Parliament, the federal bicameral legislature, consists of the President, the lower house (National Assembly) and upper house (Senate). Seats in the National Assembly are apportioned on the basis of population total of 342 seats distributed amongst the four provinces, FATA (Federally Administered Tribunal Areas) and therefore the Federal Capital. The federal is assigned to the winning political part for five years after these years election are held again.

The Senate features a total of 104 seats with each of the four provinces having 23 seats (14 general, four women, four technocrats, and one non-Muslim ■■■■■■■■ seat in each province), thus giving equal representation to every province, eight seats for the FATA, and 4 seats for the Federal Capital, including two general, one woman and one technocrat seat. Elections to fill seats within the Senate allocated to every province are held in accordance with the system of representation by means of the only transferable vote by the provincial legislative assemblies. The Senate features a term of six years, and isn’t subject to dissolution.

both houses of the federal legislature have equal powers altogether legislative subjects under federal jurisdiction leaving money bills aside. A non-money bill can originate in any of the 2 houses and just in case of disagreement between the 2 houses, it’s to be considered during a ■■■■■ sitting, and if gone by the votes of the bulk of the members present and voting, it’s presented to the President for assent. A money bill can only originate in and be approved by the National Assembly. The Senate can form recommendations on a money bill, which the National Assembly should or shouldn’t follow Thus, passing a money bill is that the exclusive domain of the National Assembly. For any bill to become a law, the assent of president is compulsory. When a bill is presented, the President must either assent to the bill within 10 days or may, if it’s not a money bill, return it to a ■■■■■ sitting of the parliament with a message to reconsider the bill or any a part of it. Once an easy majority of the ■■■■■ sitting of parliament approves the bill after such reconsideration, it becomes a law, whether or not the President signs the bill.

**Judiciary system**

The constitution provides for the federal legislative list with 71 subjects and therefore the provincial legislatures have exclusive powers of law making on subjects not enumerated within the federal legislative list. A provincial assembly may voluntarily delegate to the federal legislature the facility of law making on subjects on which it’s competent to form laws. The executive authority of federal and provincial government extends to matters on which the federal and provincial legislatures respectively have the powers of law-making

The 1973 constitution provides for a hierarchy of the branch with the Supreme Court of Pakistan on top and five High Courts subordinate thereto , each working within the four provinces and the federal capital. Lower courts in each province are under the administrative control of their respective high courts. In addition to being appellate courts in civil and criminal cases, the Supreme Court and the High Courts have original constitutional jurisdiction in certain cases. As a federal court, the Supreme Court has original and exclusive jurisdiction to settle any dispute between and amongst the federal and provincial governments. However, while deciding such disputes, the Supreme Court’s power is limited to issuing ‘declaratory judgments only’. The constitution also provides for a Federal Shariat Court and vests it with the universal jurisdiction to examine and decide the question whether or not any law or provision of law is repugnant to the Injunctions of Islam.

**Conclusion**

These three points were the main reason to put forth the new constitution in 1973. According to history, federal lagislature and justice were the main stimulation to put forth a new constitution  
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