Constitutional Amendments in 1973 Constitution

By amending Article 106(3), the state included the Quadiani/Lahori groups in the list of non-Muslim communities [14]. This ensured they would be treated as a minority group for the purpose of representation in the Provincial Assemblies [14].

The phrase is used in Article 260(3) to define the essential belief required to be considered a Muslim [13]. It centers on the conviction that Muhammad (PBUH) is the last of the Prophets [13].

The document notes that the President's Assent was received on September 17, 1974 [12]. This followed the passage of the bill through the National Assembly [12].

Section 2 of the Act specifically names Article 106 as the target for amendment to include the Quadiani and Lahori groups [14]. This article deals with the constitution of Provincial Assemblies [14].

The Third Amendment modified Article 10 to extend the allowable periods for preventive detention and changed the communication requirements for grounds of arrest [15, 16]. It was passed to allow the state more time to review detention cases [16].

The amendment changed the requirement in Article 10(4) from 'one month' to 'three months' [16]. This allows a person to be held for a longer duration before the Review Board must report on the sufficiency of the cause for detention [16].

The amendment to Article 10(5) substituted 'not later than one week' with 'within fifteen days' [16]. This gave the arresting authority double the time previously allowed to inform the detainee of the grounds for their arrest [16].

The amendment expanded the exclusion from detention protections to those acting against the security or defense of Pakistan or committing 'anti-national activity' as defined by Federal Law [16]. This aimed to target those threatening the territorial integrity of the state [16].

The amendment substituted Article 232(7)(b) to state that a proclamation would cease if a resolution disapproving it is passed by a majority of the total membership of the two Houses in joint sitting [17]. This established a high legislative bar for ending an emergency proclamation [17].

The Third Amendment received assent on February 13, 1975 [15]. It was published in the Gazette of Pakistan shortly thereafter on February 18 [15].

The amendment to Article 10(7) explicitly refers to activities defined as anti-national 'in a Federal Law' [16]. This ensures that the definition is standardized across the nation by the Parliament [16].

The updated Article 10(4) requires that if detention is continued, the Review Board must report that there is sufficient cause 'before the expiration of each period of three months' [18, 19]. This ensures periodic judicial/administrative oversight [19].

The amendment specifically designates the 'joint sitting' of the two Houses as the venue for passing a resolution to disapprove a Proclamation of Emergency [17]. This reflects the collective will of both the National Assembly and the Senate [17].

Section 3 of the Third Amendment Act specifically targets Article 232, dealing with the Proclamation of Emergency [17]. The amendment sought to clarify and strengthen the parliamentary role in emergency governance [17].

The Fourth Amendment inserted clause (2A) into Article 51, providing for six additional seats reserved for non-Muslims and members of specific minority groups [20]. This was a step toward increasing minority representation in the federal legislature [20].

The amendment modified Article 106 to increase the number of seats for non-Muslims and other minority groups in the Punjab Provincial Assembly to five [21]. This reflected the demographic distribution of minorities in that province [21].

The Fourth Amendment inserted Article 199(4A), stating that an interim order involving public revenues or state property ceases to have effect after sixty days unless the case is decided or the order is withdrawn [22]. This was intended to prevent legal delays in revenue collection [22].

The amendment added entry '43-A. Auqaf' to the Concurrent Legislative List in the Fourth Schedule [23]. This allowed both the Federation and the Provinces to legislate on matters related to religious endowments [23].

An explanation was added to Article 54 stating that 'working days' include days with a joint sitting and any period of adjournment not exceeding two days [24]. This helped the Assembly meet the mandatory minimum working days required by the Constitution [24].

Section 12 of the Fourth Amendment Act substituted the First Schedule of the Constitution with a new list of laws exempted from the operation of Fundamental Rights (Article 8) [23, 25]. This provided a comprehensive legal shield for various regulations and ordinances [25].