Constitution of the Islamic republic of Pakistan

Pakistan was created in August 1947, as the land of the Muslim 'Nation' of the Indian sub-continent and it was the culmination of the two-nation theory, the seeds of which are traceable as early as 1887. The Constitution of 1973 is the third and, like its predecessors, it is named as the Constitution of the Islamic Republic of Pakistan. It was adopted by the National Assembly-the Constitution-cum-law making body-on April 10, 1973 and authenticated by the President of Pakistan on April 12, 1973. The Constitution became operative on August 14, 1973, the date synchro nising with the birth of Pakistan.

Pakistan is a federation with four component units: Baluchistan, the North-West Frontier Province, the Punjab and Sind-the residue of Pakis tan after the secession of East Pakistan and its emergence as the indepen dent and sovereign State of Bangladesh. But the unitary tendencies in the Constitution nullify, to a great extent, the broad features of federalism, although the Preamble emphasises the autonomy of the units.

The structure of Government, this Constitution sets up, is ostensibly Parliamentary, but really it is a Prime-Ministerial Government. The Prime Minister is the linchpin of the governmental machinery and all authority flows from him. The Constitution nowhere uses the term 'Cabinet' or the 'Council of Ministers'. It simply provides that the Federal Government consists of the Prime Minister and the Federal Ministers. It also says that in the performance of his functions and exercise of authority, under the Constitution, the Prime Minister may either act directly or through the Federal Ministers. Though the Prime Minister and the Federal Ministers are collectively responsible to the National Assembly, the latter have no plenary authority. Even collective responsibility can be enforced through the Prime Minister. The National Assembly elects the Prime Minister and Ministers are appointed by him and they remain in office at his pleasure. The vote of no confidence cannot be moved against the government as there is no Ministry or Council of Ministers. It is always against the Prime Minister and such a motion is subject to serious qualifications and restrictions.

Despite such a fundamental difference between the Constitutions of Pakistan and India, quite a number of institutions in both these countries have close resemblances and the provisions relevant thereto are not only identical in their content but in their language also. Both the Constitu tions establish a federal polity and the balance of power is very heavily tilted in favour of the centre. Emergency powers in both the countries are exactly the same with similar consequential effects.