THE CONSTITUTION OF PAKISTAN 1956:

The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until

the 1958 Pakistan coup d’état. It was the first constitution adopted by independent
Pakistan. There were 234 articles 13 parts and 6 schedules.
Salient Features:

 Written Constitution - This is a written and lengthy document. It consists of 234

Articles divided into 13 parts and 6 schedules.
 Flexible Constitution - The constitution could be amended through a process
requiring the amendment to be passed by at least a two-thirds majority of the
parliament. However the president had the right to veto the draft, which then could
be overridden by simple parliamentary majority.
 Islamic Republic of Pakistan - The name of the country was adopted as the
Islamic Republic of Pakistan.
 Objectives Resolution - The objective resolution was included as a preamble of the
constitution.
 Federal System - The constitution provides for a federal system in the country.
Powers was divided between the centre and the provinces. The subjects were
divided into three lists; The Federal List, The Provincial List, and the Concurrent List.
 Unicameral legislature - The legislature would consist of a single house. Both the
wings of the country were given representation in the National Assembly. The
National Assembly consisted of 300 members. 150 members were drawn from each
wing.
 Parliamentary System - a parliamentary system was adopted, according to it the
president was the head of state and the Prime Minister the head of government.
 The President - required to be a Muslims of at least forty years of age. The tenure
of his office was five years. In case of internal or external danger he could declare
a state of emergency in the country. He was authorized to appoint the governor,
the judges of the supreme- court, auditor general and the advocate general.
 The Prime Minister - He was to be the leader of the Parliamentary group and was
thus indirectly elected by the people. He could choose his cabinet from the members
of the National Assembly; the cabinet was answerable to the Assembly.
 Provincial Autonomy - Curtailed in the constitution to a great extent.
 Islamic Law - no law would be passed against the teachings of the Quran
and Sunnah.
 Free Judiciary - An independent judiciary in the country. A Supreme Court
interpreted the constitution, advised the state whenever required, and decided the
issues whenever required.
 Fundamental Rights - included freedom of movement, freedom of speech and
expression, freedom to choose profession and freedom to profess religion. Right to
life, liberty, and property.
 Language - Urdu & Bengali
Preamble:
The preamble to the Constitution of Pakistan, 1956, was almost a copy of the Objective
Resolution passed by the First Constituent Assembly. A preamble might not be regarded as a
part of Constitution, but it had a Constitutional significance. It indicated the source of the
Constitution. It also stated the objects which the Constitution sought to establish.
Salient points of the Preamble:
The following points are in the preamble:
a. By beginning with the name of Allah and declaring that Sovereignty over entire universe
belong to Almighty Allah and that the authority to be exercised by the people is a sacred
trust. The Constitution of 1956 introduced a moral and religious tone.
b. The preamble declared in accordance with the wishes of the founder of our state that
Pakistan would be a democratic state. The Constitution sought to put Pakistan one step
further than the modern democracies by basing her on Islamic principles of social
justice. Pakistan would be democratic not only politically but also socially and
economically. It envisaged a society based on social, economic and political justice,
where the principles of democracy, freedom, equality, tolerance and social justice as
enunciated by Islam should be fully observed.
c. It solemnly declared that the ultimate framers of our Constitution was the people. In
other words, people were the source of the Constitution. It also declared Pakistan fully
independent.
d. Our government must be of representative from where powers and authority of the
state should be exercised by the chosen representatives of the people.
e. The Muslims should be provided with the facilities to fashion their lives according to the
teachings and requirement of Islam.
f. Minorities should be given full freedom of their religion, culture, etc. their interest
should be fully safeguarded.
g. Pakistan should be a federation and provinces be autonomous.
h. Fundamental rights such as equality of status and of opportunity, equality before law,
freedom of thoughts, expression, belief, worship and association should be guaranteed.
i. Judiciary should be fully independent.
Thus this preamble was fairly a long one in comparison with the preambles of other
constitution. It also indicated that Pakistan-Constitution would be true Islamic and modern. This
preamble contains the main points of the Objective Resolution of 1949.
Directive Principles of the State-Policy:
Article 23 to 31 of the Constitution of 1956, gave an exhaustive list of the Directive Principles.
The salient points of these principles were enumerated below:
 1. The state should strengthen unity among Muslim countries and promote
international peace and security.
2. Steps should be taken to enable the Muslims to order their lives accordance with
the Holy Quran and Sunnah. To promote unity and the observance of Islamic moral
standards and to secure the proper organization of zakat, wakfs and mosques.
3. The state should discourage parochial, racial, tribal, sectarian and provincial
prejudices among the citizens.
4. The state should safeguard the legitimate rights and interests of the minorities,
including their due representation in the Federal and Provincial Services, shall
endeavor to promote the educational and economic interests of the people of the
special areas, the backward classes and the scheduled castes, to remove illiteracy
and provide free and compulsory primary education to make provision for securing
just and human conditions of work and for maternity benefits for women in
employment, to enable the people to participate in national activities, to prevent
prostitution, gambling and the taking of injurious drugs and to prevent the
consumption of alcoholic liquor except for medical purpose.
5. The state shall endeavor to secure the well-being of the people, by raising the
standard of living, by preventing the concentration of wealth and means of
production in the hands of a few, and by ensuring equitable adjustment of rights
between employer and employees, landlords and tenants, to provide for all the
citizens facilities of work and adequate livelihood with reasonable rest and leisure,
to provide for social insurance or otherwise, to provide basic necessities of life such
as food, house, clothing, education and medical relief for all such citizens who are
unable to earn their livelihood to reduce disparity in emoluments and to eliminate
Riba (interest).
6. The state should separate the judiciary from the executive as soon as practicable.
7. Endeavor should be made by the state to enable people from all parts of Pakistan to
participate in the Defense services of the country.
8. Steps should be taken to achieve parity in the representation of East Pakistan and
West Pakistan in all other spheres of Federal administration.
Islamic Provision:
Since the Constitution declared the country to be an Islamic Republic based on Islamic
Principles of the democracy wherein the Muslim of Pakistan should be enabled individually and
collectively in order their lives in accordance with the teachings and requirement of Islam, as
set out in the Holy Quran and Sunnah, it is necessary that some sort of agency should be
created in the country to assist in the reconstruction of Muslim society on a truly Islamic basis.
Article 197 therefore lays down that the president is to set up an organization for Islamic
research and instruction in advanced studies for the above purpose.
For defraying the expenses of such an organization, clause 2 of Article 197 enables the National
Parliament to enact laws providing for a special tax, however, is not to form part of the Federal
Consolidated Fund.
Provision relating to the Holy Quran and Sunnah:
Article 198 lays down that no Law is to enacted which is repugnant to the injunctions of Islam
(Holy Quran and Sunnah), and existing law is to be brought into conformity with such
injunctions. To give effect, this clause (3) of Article 198 lays down that within one year of the
Constitution day, the President is appoint a Commission:
1. To make recommendation,
a) As to measure for bringing existing laws into conformity with the jurisdictions of Islam
and
b) As to the stages by which such measures should be brought into effect, and
2. To compile in a suitable form, for the guidance of the National and Provincial
Assembly, such injunctions of Islam as can be given legislative effect.
It is to be noted here that in consonance with the principles of Islamic democracy, saving claws
(4) of Article 198 clearly lays down that nothing in Article 198 is to affect the personal law of
non-muslims citizens, or their status as citizens, or any provision of the Constitution.
The name Pakistan as Islamic Republic and the adoption of the Islamic provision in the
Constitution should not mislead one to think her a theocracy, Pakistan was not even a religious
state, the name was simply symbolic one. Because non-muslims were given equal rights and
opportunities for the participation in the Government. Only discrimination made against them
was that the President should be Muslim.
Fundamental Rights:
The list of fundamental rights are as:
Equality before law:
All citizens are equal before law and are entitled to equal protection of the law. No person
should be deprived of life or liberty save in accordance with law
Protection against retrospective offences or Punishment:
No person should be punished for an act which was not punishable by the law when the act
was done, nor shall any person be subjected to a punishment greater than the prescribed by
law for an offence was committed.
Safeguard as to Arrest and Detention:
No person who is arrested shall detained in custody without being informed, as soon as may be,
of the grounds for such arrest, nor shall he be detained the right to consult and be defended by
a legal practitioner of his choice. No law providing for preventive detention shall authorized the
detention of a person for a period exceeding three months unless the appropriate advisory
board has reported before the expiration of the said period of three months that there is in its
opinion, sufficient cause for such detention.
Freedom of speech:
Every citizen shall have the right of freedom of speech and expression, subject to any
reasonable restrictions imposed by the law in the interest of the security of Pakistan, friendly
relations with foreign state, public order, decency or morality, or in a relation to contempt of
court defamation or incitement to an offence.
Freedom of Assembly:
every citizen shall has the right to assemble peacefully and without arms, subjects to any
reasonable restrictions imposed by law in the interest of the public order.
Freedom of Association:
Every citizen shall have right to form associations or unions, subject to any reasonable
restrictions imposed by the law in the interest of morality or public order.
Freedom of movement and right to hold and dispose of Property:
Subject to any reasonable restrictions imposed by the law in public interests every citizen shall
have the right:
To move freely throughout Pakistan and to reside and settle in any part thereof:
To acquire, hold and dispose of property.
Freedom of trade, business or profession:
Every citizen, possessing such qualification, if any, as may be prescribed by law in relation to his
profession or occupation, shall have the right to enter upon any lawful profession or
occupation, and to conduct any lawful trade or business.
Providing that nothing in this article shall prevent:
The regulating of any trade or profession by a licensing system or
The carrying on, by the Federal or a Provincial Government, of any trade, business industry or
services to the exclusion, complete or partial, of other person.
Safeguard as to educational institutions in respect of religion, etc.:
No person attending any educational institutes shall be required to receive religious instruction,
or take part in any religious ceremony, or attend religious worship, if such instruction,
ceremony or worship relates to religion other than his own.
No citizen shall be denied admission to any educational institution receiving aid from public
revenue on the ground only of race, religion, caste or place of birth.
In respect of any religious institution, there shall be no discrimination against any community in
the granting of exemption or concession in relation to taxation.
In respect of access to places of public entertainment or resort, not intended for religious
purpose only, there shall be no discrimination against any citizen on the ground only of race,
religion, caste, sex or place of birth.
Protection of properly rights:
No person shall be deprived to his property save in accordance with law.
Slavery and forced labor prohibited:
(1) No person shall be held in slavery.
(2) All forms of forced labor are prohibited, but the state may require compulsory services
for public purpose.
Safeguard against discrimination in services:
No citizen otherwise qualified for appointment in the services of Pakistan shall be
discrimination against in respect of any such appointment on the ground only in race, religious,
caste, sex, residence or place of birth.
Freedom to profess religion and to manage religious institution:
Following is the freedom to profess religious and to manage religious institution:
(1) Every citizen has the rights to profess, practice and propagate any religious, and
(2) Every religious denomination and every sect thereof has the right to establish,
maintain and manage its religious institutions.
Preservation of culture, script and language:
Any section of citizens having a distinct language, script or culture shall have the right to
preserve the same.
Abolition of untouchability:
Untouchability is abolished and its practice in any form is forbidden and shell be declared by
law to be an offence.
Safeguard against taxation for the purpose of any particular religion:
No person shall be compelled to pay any special tax the proceeds of which are to be spent on
the propagation or maintenance of any religion other than his own.
Failure of the Constitution:
Numerous factors were responsible for the failure of the Constitution. Some of them are as
following:
(1) The form of democracy as envisaged by the constitution was alien to our soul and
unsuited to the genius of our people. The unnatural attempt to foist a foreign way of
life, although it has shown admirable results in the land of it origin was bound to
failed in Pakistan sooner or later. It failed sooner than most people expected. But this
should not be considered a national calamity. On the contrary, it shows the
individuality of our society and its assertive character against attempt to submerge it
into something alien.
(2) A mere disconcerting factor was that they failed to take a firm and final decision on
the electorate issue. Were election to be held under separate or joint electorate? For
advocate of the joint system, any surrender to the demands separate electorate
would upset parity, topple the constitution and accentuate East-West differences. For
upholders of the separate pole method, election could only be held under the joint
electorate if we were ready to bury the spirit of Islam and work against the ideology
of Pakistan. It is worth examining how and why it became a ‘life if death’ issue, but
the length of this book does not allow me to tread on this path.
The British system, as stated above is the product of the environment of that country.
It is based upon the long traditions of that people. Its evolution is spread over many a
century and essentially an unconscious effort. It suits the British temperament. In any
case it is designed to suit British conditions and meet their requirements. It was not
consciously intended for export. All these facts were overlooked.
(3) The high degree of development of the British society was ignored. Our own
backwardness was not taken into account. The lowest percentage of literacy was
blindly thrown behind the curtains. No steps were taken to associate the people with
the management of their affairs.
(4) The 1956 Constitution, for which the country had patiently waited was not more than
an illusion seeking to create the impression that it was based upon the principles
whose presence would create and sustain a democratic society and Government in
Pakistan.
(5) It had not been considered necessary to alter in independent Pakistan the old system
of administrating the overwhelming majority of the nation which still continues to live
in rural areas.
(6) A land of unscrupulous politicians, for the sake of personal gain of glory, hand landed
the nation into a labyrinth.
(7) Feudalism existed in all its glory.
(8) A clean break with the past way was the only way out. This came in the shape of the
revolution in October, 1958.
Commission to examine the progressive failure of the Parliamentary Government:
On February 17, 1960 a commission was appointed by the Field Marshal Muhammad Ayub
Khan to examine the progressive failure on the Parliamentary Government of Pakistan leading
to the abrogation of the Constitution of 1956, determine the cause and the nature of the
failure, consider how best the said or like causes could be identified and the recurrence
prevented, and also to make recommendations regarding for the future Constitution of
Pakistan.