Constitution of Pakistan

[2] Drafted by the government of Zulfikar Ali Bhutto, with additional assistance from the country's opposition parties, it was unanimously approved by the 5th Parliament on 10 April and ratified on 14 August 1973.

[6] The Constitution also encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah.

We are the inheritors of these glorious traditions and are fully alive to our responsibilities and obligations as framers of the future constitution of Pakistan.

The Objectives Resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah.

It also institutionalised the intervention of military in politics by providing that for twenty years, the president or the defence minister must be a person who had held a rank not lower than that of lieutenant-general in the army.

[15] After another coup d'état in 1977, the constitution was held in abeyance until it was "restored" in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime Minister to the president.

[citation needed] The provisions of the Government of India Act, 1935, had greatly influenced the state and served as its basic legal document until 1956.

In 1950, Prime Minister Liaquat Ali Khan authored the first annexe that would pave a path to the drafting of the Constitution.

Prime Minister Chaudhry Muhammad Ali and his government officials worked with the opposition parties in the country to formulate a constitution for Pakistan.

[19][20] The military government and President Yahya himself made no efforts to frame a constitution, aside from issuing the extrajudicial order in 1970.

[20] The PPP was not willing to dilute the authority of the federal government in spite of assuring full provincial autonomy for all the provinces of Pakistan.

[20] Negotiations on framing the work on constitution were held between January and March 1971 between leaders of the PPP, the AL, and the military government of Yahya Khan, which turned out to be a failure.

[20] Over the six-point issue, the PPP was convinced that a federation based on the six points would lead to a feeble confederation in name only and was part of a larger Indian plan to break up and destroy Pakistan.

[20] These fears were evidently shared by the military leaders in the west, including President Yahya Khan who had publicly described Sheikh Mujibur Rehman as the 'future Prime Minister of Pakistan' on 14 January 1971.

Bhutto announced on 15 February that his party would not attend the National Assembly unless there was 'some amount of reciprocity' from the Awami League.

Under pressure by the PPP, President Yahya postponed the National Assembly session on 25 March which came as a shattering disillusionment to the AL and their supporters throughout East Pakistan.

[21] President Zulfikar Ali Bhutto called for a constitutional convention and invited the leaders of the all political parties to meet him on 17 April 1972.

[23] Unlike earlier attempts, the convention was not meant for new laws or piecemeal alterations, but for the "sole and express purpose of revising the 1956 articles.

"[23] Also, the convention was not limited to the religion, exigencies of government and the preservation of the State; rather it was intended to maintain delicacy in commerce, finances, issue of loans to federation, and Separation of powers.

[23] Several key ideas of the philosophy of John Locke and Islamic provisions on civil rights were interchanged in the Constitution.

[23] The Constitution truly maintained a delicate balance between traditionalists and modernists and reflected heavy compromises on fundamental religious rights in the country.

"[22] The Constitution was written in the point of representing the conservative Islam as well as reflecting a heavy compromise over the religious rights and humanism ideas, advocated by the PPP.

[23] On 20 October 1972, the draft was revived by all leaders of the political parties and signed the declaration of adopting the Constitution in the National Assembly on 2 February 1973.

[26] On the same day, the successful vote of confidence movement in the Parliament endorsed Zulfikar Bhutto as the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to that office.

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; Therein 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; 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, Cognisant 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;

[66] Unlike the Constitution of 1956 (in whose creation 14 Hindus, 12 from East Bengal and 2 from West Punjab & 3 women, Begum Shaista Suhrawardy Ikramullah from East Bengal, Mumtaz Daultana and Shah Nawaz Begum Jahan Ara from West Punjab were involved), the Constitution of 1973 had no representation from the minorities & women.