The Constitution of Pakistan, 1973 Developed by Zain Sheikh

Legislative History of the Constitution

The Constitution of Pakistan 1973 was enacted by the National Assembly on April 10, 1973 and authenticated by the President of the National Assembly and published in the Gazette of Pakistan, Extraordinary Part I, at page 195, on April 12, 1973.

Pursuant to Art. 265 the Constitution came into force on August 14, 1973, referred to in the said Article as the ‘Commencing day’.

The Constitution was held in abeyance by the Proclamation of Martial Law issued by General M. Zia-ul-Haq on July 5, 1977 and published in the Gazette of Pakistan, Extraordinary Part I, at page 411, on the said date.

The Revival of the Constitution of 1973 Order, 1985 (President’s Order No. 14 of 1985), promulgated on the March 2, 1985 and published in the Gazette of Pakistan, Extraordinary Part I, at page 101, on the said date and the Constitution (Eighth Amendment) Act, 1985, (XVIII of 1985), enacted on November 11, 1985 and published in the Gazette of Pakistan, Extraordinary Part I, at page 404, on the said date, effected drastic and major changes in the Constitution, prior to its revival in 1985.
The Constitution, except for Arts. 6, 8 to 28 (both inclusive) clauses 2 and 2(a) of Art. 101, Arts. 199, 213 to 216 (both inclusive) and 270-A, was revived by the Enforcement of Constitution Order on March 10, 1985, (vide S.R.O. No. 212(85)), published in the Gazette of Pakistan, Extraordinary Part II, at page 279, on the said date. The excluded provisions came into force on December 30, 1985 by virtue of Enforcement of Constitution Notification of Ministry of Justice, (vide S.R.O. No. 1278(1)/85), published in the Gazette of Pakistan, Extraordinary Part II, at page 3185, on December 29, 1985.

The whole of Pakistan once again came under the control of the Armed Forces of Pakistan on October 12, 1999, by virtue of the Proclamation of Emergency issued by General Pervez Musharraf, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff, on October 14, 1999 and published in the Gazette of Pakistan, Extraordinary Part I, at page 1265, on the said date. By virtue of the said Proclamation Pervez Musharraf also assumed the office of Chief Executive of the Islamic Republic of Pakistan.

The Constitution was again held in abeyance by the Provisional Constitution Order No. 1 of 1999, issued by the Chief Executive on October 14, 1999 and published in the Gazette of Pakistan, Extraordinary Part I, at page 1267, on the said date as well. However, the said Order provided, in Art. 2 thereof, that notwithstanding the abeyance of the Constitution, Pakistan shall, subject to the said Order and any other Order made by the Chief Executive, be governed, as nearly as may be, in accordance with the Constitution.
The Legal Framework Order 2002 (Chief Executive’s Order No. 24 of 2002), promulgated on August 21, 2002 and published in the Gazette of Pakistan, Extraordinary Part I, at page 1031, on the said date, in Article 4 thereof, provided that the provisions of the constitution, as amended by the said Order and by such other Order, as may be promulgated thereafter, shall stand revived on such date as the Chief Executive may, by notification in the Official Gazette, appoint and that different days may be so appointed in respect of different provisions.

The Legal Framework (Amendment) Order, 2002 (Chief Executive’s Order No. 29 of 2002), promulgated on October 9, 2002 and published in the Gazette of Pakistan, Extraordinary Part I, at page 1295, on the said date, further amended Arts. 51, 106 and also amended Arts. 179, 193 and 195 of the Constitution and the Legal Framework (Second Amendment) Order, 2002, (Chief Executive’s Order No. 32 of 2002), promulgated on October 26, 2002 and published in the Gazette of Pakistan, Extraordinary Part I, at page 1469, on the said date, further amended Arts. 59 and 152A of the Constitution.

The Preamble, Arts. 1 to 58 (both inclusive), Arts. 64 to 100 (both inclusive), Arts. 139 to 231 (both inclusive), Arts. 240 to 280 (both inclusive), the Annex and the Schedules to the Constitution were revived, on November 16, 2002, by Statutory Notification (vide S.R.O. 799(I)/2002), issued on November 15, 2002 and published in the Gazette of Pakistan, Extraordinary Part II, at page 3207, on November 16, 2002. Thereafter Arts. 59 to 63 (both inclusive) and Arts. 232 to 239 (both inclusive) were revived on March 12, 2003, the day the members elected to the Senate took oath of office; Arts. 105 and 127 were revived on November 11, 2002, the day the first Chief Minister took oath of office; Arts. 101 to 104 (both inclusive) Arts. 106 to 126 (both inclusive) and Arts. 128 to 138 (both inclusive), were revived on November 25, 2002 and the remaining provisions of the Constitution were revived on December 31, 2002 by virtue of Statutory Notification (vide S.R.O. 828(I)/2002), issued on November 22, 2003 and published, in the Gazette of Pakistan, Extraordinary Part II, at page 3273, on November 23, 2002.

The Constitution (Seventeenth Amendment) Act, 2003 (3 of 2003), published in the Gazette of Pakistan, Extraordinary Part I, at page 149, on December 31, 2003, by virtue of section 10 thereof, has now validated and affirmed all the amendments made in the Constitution by the Legal Framework Order, 2002 (C.E.O. No. 24 of 2002), the Legal Framework (Amendment) Order, 2002 (C.E.O. No. 29 of 2002) and the Legal Framework (Second Amendment) Order, 2002 (C.E.O. No. 32 of 2002), further amended Arts. 41, 58, 112, 179, 195, 243, 268 and 270AA of the Constitution and deleted Art. 152A thereof, inserted by the said C.E.O. No. 24 of 2002, with immediate effect.