THE CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN


CONSTITUTION OF THE ISLAMIC REPUBLIC OF PAKISTAN



THE CONSTITUTION OF

THE

ISLAMIC REPUBLIC OF PAKISTAN

 

The Constitution of the Islamic Republic of Pakistan was approved by the National Assembly of Pakistan on 10 April 1973. This is the 2004 third consensus version including all amendments.

The Constitution of Pakistan provides for a parliamentary system of government in which the President of Pakistan is the head of state and a popularly elected Prime Minister is the head of government. Pakistan has a bicameral legislature consisting of the Senate (Upper House) and the National Assembly (Lower House). Along with the President, the Senate and the National Assembly form a body called the Majlis Shura (Advisory Council) or Parliament.

The Constitution does not contain provisions on the protection of intellectual property, however Article 24 guarantees the protection of property rights in general.

 

Form of government and basic principles of the state

The constitution defines Pakistan as a federal republic. The territories of Pakistan will consist of the provinces of Baluchistan, North West Frontier, Punjab and Sindh. Islamabad Capital Territory, later to be called the Federal Capital Territory. Federally Administered Tribal Areas and such States and Territories as are or may be included in Pakistan, whether by accession or otherwise (Article 1). The state religion of Pakistan is Islam (Article 1).

 

The Basic institutions of the state and the rule of law

Article 41 of the Constitution lays down the provisions relating to the President of the Federation of Pakistan. The President of Pakistan is the head of state and represents the unity of the republic. Article 51 regulates the provisions relating to Parliament and states that there shall be a Parliament of Pakistan also known as Majlis Shura which shall consist of a President and two Houses to be known as the National Assembly and the Senate respectively. Article 90 deals with the federal government and states that the executive power of the Federation shall be vested in the President and the President of Pakistan shall exercise this Constitution directly or through subordinate officers in accordance with the Constitution of Pakistan. There shall be a Cabinet of Ministers, headed by the Prime Minister, who shall assist and advise the President in the exercise of his functions. The President shall, at his discretion, appoint as Prime Minister one of the members of the National Assembly who, in his opinion, is most likely to command the confidence of a majority of the members of the National Assembly (Article 91). Part VII of the Constitution provides for the establishment and jurisdiction of the Judiciary Article 175 states that there shall be a Supreme Court of Pakistan, a High Court for each province and such other courts as may be established by law. No court shall have jurisdiction except as conferred on it by or under the Constitution or any law. The judiciary will gradually be separated from the executive. The Supreme Court shall consist of a Chief Justice to be known as the Chief Justice of Pakistan and such other Judges as may be determined by an Act of the Majlis Shura (Parliament) or, unless it not be determined, as may be determined by the Supreme Court. President. Appointment of Supreme Court Judges. The Chief Justice of Pakistan shall be appointed by the President of Pakistan, and each of the other judges shall be appointed by the President of Pakistan after consultation with the Chief Justice. No person shall be appointed as a Judge of the Supreme Court...

 

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