Forum Pakistan

Adopted by the National Assembly in April, the Constitution came into force on 14 August 1973. It was suspended during Ziaul *Haq's military regime from 5 July 1977 to 30 December 1985. After the abolition of Martial Law and changes in the Constitution, known as the Eighth Amendment, which was passed in October 1985, the Constitution was brought into force again.The Eighth Amendment involved dozens of the Constitution's articles and paragraphs. The President's legislative, executive, and judicial powers were significantly extended. Along with parliament, the President became part of the legislative authority and was granted the right of suspensory veto, was declared head of the executive branch of government (previously, the Prime Minister was the head of executive authority), and commander-in-chief of the armed forces.

The President was less bound by the Prime Minister's recommendations than before. The sphere of exclusive rights of the head of state was very wide; in some cases he could dissolve the lower chamber of parliament, the National Assembly, hold new elections, form an interim government, conduct referendums and make appointments to the highest posts in the state and the army. The President received the right to appoint the Prime Minister and the cabinet and was granted considerable influence in the matter of their resignation. Similarly, the rights of Governors were extended at the expense of the provincial legislative assemblies and the cabinets of ministers. In accordance with the Eighth Amendment to the Constitution, all decrees and orders of the President and of the military administration promulgated after the introduction of the military regime acquired the force of law. To consolidate these changes the passing of new amendments was made more difficult. To amend the constitution, it was now necessary for a vote of no less than two-thirds of both houses of parliament.

Just as in all previous constitutions, the 1973 Constitution embodies the Objectives Resolution passed by the first *Constituent Assembly of Pakistan in 1949. It declares that the sovereignty over the entire universe belongs to Almighty Allah alone, and claims 'the authority to be exercised by the people of Pakistan within the limits prescribed by Him through the chosen representatives of the people'. The Objectives Resolution also proclaims the principles of democracy, freedom, equality, tolerance, and social justice, as envisaged by Islam. It is stated that while 'the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teaching of Islam as set in the Holy Quran and Sunnah', religious minorities are granted the right of professing their religion and developing their culture.
The Constitution includes seven appendices or schedules: 1. the laws which are not covered by the articles of the Constitution relating to the basic human rights; 2. the procedure for Presidential elections; 3. the texts of oaths taken by the President elect, the Prime Minister, and other top officials on taking office; 4. the powers in the juri diction of the Central government or concurrent powers of the Centre and the provinces; 5. the conditions of service of the members of the High Court and of the Supreme Court; 6. a list of important laws not subject to change, amendment, or abolition without the President's sanction; 7. nine Presidential decrees from the period of the military regime which became law and, moreover, now require a procedure accepted in the passing of constitutional amendments, which include the decrees on the establi hment of the International Islamic University, the institution of the post of ombudsman or wafaqi muhtasib.

Article 3 declares the objective of the state to be 'the elimination of all forms of exploitation and the gradual fulfilment of the fundamental principle, from each according to his ability, to each according to his work'. It is declared that all citizens of Pakistan are under the protection of law (Article 4). Abrogation or attempt at abrogation of the Con titution by 'unconstitutional means' is regarded as high treason (Article 6). The Constitution declares the ba ic civil rights, including inviolability of the person, freedom of movement, of speech, of association and organization, freedom of faith, and inviolability of the home (Articles 9, 15, 16, 17, 19, 20). These rights are subject to qualifications. Thus, freedom of speech and of the press are 'subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security, or defence of Pakistan or any part thereof, friendly relations with foreign states, public order, decency or morality ... ' (Article 19). Equality of all citizens before the law is declared regardless of race, religion, caste, or sex; slavery and forced labour are banned, as is the employment of children under the age of 14 in industries which may impair their health (Articles II, 25, 26, 27). Violation of law is subject to punishment envisaged by criminal law; some types of crime, such as theft, adultery, consumption of alcoholic drinks, and perjury incur traditional Muslim punishments. Any citizen of Pakistan subjected to arrest must be taken to court within 24 hours of arrest and cannot be held in custody without the court's sanction after that period. However, preventive detention up to a month can be used as a measure against persons acting to the detriment of Pakistan's integrity, security, defence, political position, or public order (Article 10). The third amendment to the Constitution, passed in February 1975, extended that term to three months.

The Constitution stipulates the right of all citizens of Pakistan to acquire, possess, and dispose of property (Article 23). The possibility to nationalize any kind of property is envisaged, with compensation (Articles 24 and 2). A law relating to the nationalization of any kind of property must stipulate either the size of the compensation or the principles according to which it must be determined, and also the mode of its payment (Article 24, point 4); no law relating to nationalization can be challenged (Article 24, point 4). The state may take control of any property acquired by unfair means or in any manner contrary to law; property may also be taken if the state feels it is necessary for the development of education, health services, benefits for the homeless and the unemployed, for construction of housing, or for other public needs (Article 24, point 3).

The provision of the Constitution that all laws incompatible with the basic civil rights are invalid is not applicable to the laws listed in the first appendix (Articles 8 and 3). These include laws passed under Z.A. *Bhutto, which relate to important socio-economic problems; for example, those on land reform, the liquidation of the managing agencies, etc. A special section of the Constitution is devoted to principles of state policy by which all officials and state bodies must be guided. These include participation of women in all spheres of society's life, elimination of illiteracy and introduction of obligatory free secondary education, guarantees for the well-being of all citizens regardless of sex, race, caste, or convictions, improvement of living standards, prevention of concentration of wealth and means of production in the hands of the few, just regulation of relations between industrialists and workers, between landowners and tenants; the right to work, to rest, and social welfare benefits; and reduction of the gap in incomes (Articles 32-39).

The basic principles of foreign policy are 'to preserve and strengthen fraternal relations among Muslim countries based on Islamic unity, support the common interests of the peoples of Asia, Africa, and Latin America, promote international peace and security, foster goodwill and friendly relations among all nations and encourage the ettlement of international disputes by peaceful means' (Article 40). The Constitution includes some Islamic provisions; apart from those mentioned above, there is Article 2 which declares Islam a state religion. Among the other principles of state policy is the requirement that the state should make it possible for Muslims 'to order their lives in accordance with the fundamental principles and basic concepts of Islam' (Article 31, and 1). For Muslims, the study of the Holy Quran is compulsory (Article 31, and 2). Only Muslims can hold the offices of President and Prime Minister. The Muslim population must pay the traditional taxes, the "zakat and ushr. The Constitution envisages the formation of the Council of Islamic Ideology and of the Federal Shariat Court. They aim to order legislation in accordance with the requirements of Islam (Articles 227, 228, 229, 230).