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Roll No:

IEM-20-14
Created By:
MATTIULLAH
Submitted To:
Mam Zainab Mohsin
Assignment:
01
CONSITUTION OF PAKISTAN 1956

Contents
 Definition........................................................................................................2
 Rules of Constitution.............................................................................................................2
 Introduction...............................................................................................................................2
 Details.........................................................................................................................................3
 Features.......................................................................................................................................3
 Salient Features of Constitution of 1956.......................................................................4
 Written and lengthy document.............................................................................4
 Islamic Provisions in 1956 Constitution...........................................................4
 Federation.....................................................................................................................4
 Parliamentary Form of Government...................................................................4
 Position of the President in 1956 Constitution of Pakistan.......................4
 Unicameral Legislature...........................................................................................5
 Independence of Judiciary.....................................................................................5
 Directive Principles of State Policy....................................................................5
 Fundamental Rights..................................................................................................5
 Official Language......................................................................................................5
 Causes of Failure of Parliamentary System under Constitution of 1956...5
 Lack of Leadership.......................................................................6
 Lack of Political Training............................................................6
 Unicameralism.............................................................................6
 Delay in Elections........................................................................6
 Non Existence of Economic Equality..........................................6
 Drawbacks..................................................................................................6
 ENFORCEMENT OF MARTIAL LAW................................................................ 6
 References........................................................................................................................... 7

Definition
The vast majority of contemporary constitutions depict the fundamental standards of the state,
the constructions and cycles of government and the essential privileges of residents in a higher
law that can't be singularly changed by a common authoritative demonstration. This higher law is
normally alluded to as a constitution

Rules of Constitution
A constitution is a set of fundamental legal-political rules that:

 are binding on everyone in the state, including ordinary lawmaking institutions;


 concern the structure and operation of the institutions of government, political principles
and the rights of citizens.
 are based on widespread public legitimacy.
 are harder to change than ordinary laws (e.g. a two-thirds majority vote or or a
referendum is needed.
 as a minimum, meet the internationally recognized criteria for a democratic system in
terms of representation and human rights.
Introduction
The first constitution was presented in Pakistan on 23 March 1956.23rd March as you probably
are aware is an significant day throughout the entire existence of Pakistan. You would review
that on 23rd March 1940 The Lahore Goal was introduced for endorsement in the yearly meeting
of ML held at Lahore. So when this constitution was presented it was concluded that it ought to
be presented on such a day of authentic significance. Hence on 23rd March this constitution was
presented. Following nine years of endeavors, Pakistan was effective in outlining a constitution.
The Constituent Assembly took on it on 29 February 1956, and it was implemented on 23 March
1956, broadcasting Pakistan to be an Islamic republic.

Details
The 1956 Constitution of Pakistan had 234 articles and 6 schedule in which the entire established
structure and standards for administration and force the executives have been illustrated. This
Constitution depicts Pakistan as Islamic Republic of Pakistan that is the authority title of the
Pakistani state. On the off chance that we look at the arrangements of the constitution we will see
that there is an effect of Govt of India Act 1935 and the 1st Interim constitution of 1947 on this
constitution. A portion of the articles of the Indian Act of 1935 and the first Interim constitution
have been joined in this constitution for certain changes and alterations to a great extent and in
specific cases language is basically the same if not the equivalent. So as it were there is some
congruity from the past report to this archive. In spite of the fact that it is not quite the same as
the past one in many regards yet there in some progression.

Features
Furthermore, presently we will examine the fundamental provisions of The 1956 Constitution, so
you had a thought of what sort of sacred framework appeared with the presentation of the
Constitution. What sort of state establishments were made, what sort of relationship Of various
state foundations with one another with general society everywhere

z
Salient Features of Constitution of 1956
Following are Salient Features of Constitution of 1956:

Written and lengthy document


The first Constitution of Republic of Pakistan was written in nature. It comprised of 234 Articles and 6
Schedules. Consequently it was probably the lengthiest constitution of the world as it controlled the
exercises and locale of the focal government as well as those of the commonplace governments. In this
manner not at all like the US Federation, the unifying units didn't have their different constitutions.

Islamic Provisions in 1956 Constitution


Pakistan was accomplished on the name of Islam. The Objective Resolution was remembered for
the Preamble of the constitution, which recognized power of God on the universe. Struggle was
made that Muslims of Pakistan should carry out the educating of Quran and Sunnah in their
lives. The President of Pakistan should be a Muslim. Non-Muslims were likewise ensured and
considered as residents of Pakistan.

Federation
The constitution typified every one of the elements of league. There were three authoritative
records Federal, Provincial and Concurrent. Government List contained 30 Subjects, the
Provincial 94 and in the Concurrent List just 19 Subjects were identified. Both the focal and
common lawmaking bodies could likewise make laws in regards to Concurrent subjects.
Nonetheless, in the event of contention the focal law would win. Every one of the residuary
forces were endowed to the territories, which planted decentralization of specialists in order to
satisfy the needs of common independence. In the event of contention between the middle and
the areas, the Chief Justice of Pakistan would need to resolve the question

Parliamentary Form of Government


Under the constitution parliamentary type of government was chosen. Every one of the ministers
should be the individuals from Parliament and they stayed in office as they held the certainty of
the greater part individuals in the Assembly. They were exclusively and collectively capable to
the National Assembly and needed to take part in its procedures and to direct enactment. The
Assembly had the authority, to pass a demonstration of general disapproval against the service.
The President was the Head of State while the Prime Minister was the Head of Government.

Position of the President in 1956 Constitution of Pakistan


The chief authority of the alliance was vested in the President, who was to be chosen by
individuals from the National and Provincial Assemblies for time duration of 5 years. He could
gather, prorogue or dissolve up the National Assembly on the counsel of the bureau, could
address the National Assembly and could send messages to it. His earlier consent for spending
plan to be moved in the Assembly was vital. He had restricted denial concerning laws passed by
National Assembly and supreme rejection as for common laws. He could also issue ordinances
and was the supreme commander of the armed forces.
Unicameral Legislature
The 1956 Constitution is portrayed by unicameralism called National Assembly. It comprised of
300 individuals who were straightforwardly chosen by individuals of both the wings on equality
reason for a time of 5 years. Moreover, 10 seats were additionally reserved for the women for
time duration of 5 years. An individual at least 25 years old could turn into its part. Each
Pakistani resident having achieved 21 years old reserved the privilege to cast a ballot. Speaker
and Deputy Speaker were its directing officials. There were to be at least 2 meetings of
Assembly consistently. In spite of the fact that its life was 5 years, notwithstanding, it very well
may be broken up before and new races were to be held.

Independence of Judiciary.
Fundamental assurance was given to freedom of legal executive. Head of the State will be
approved to designate the judges. Their administration couldn't be tested with no allegation. The
Supreme Court was depended the undertaking of the affairs, the constitution and to arbitrate in
any question between national government and any provincial government or between provincial
governments. There was single various leveled court network all through the country with
Supreme Court at the top.

Directive Principles of State Policy


Mandate standards of state strategy were additionally joined in Part III of the constitution. A
portion of these standards managed Islamic lessons, other included removal of poverty and
arrangements of equivalent offices to all indistinguishable for government assistance reason,
insurance of the privileges of minorities, end of lack of education, elevate of life standard,
requirement of social economic equality, detachment of judicial and executive branches and so
forth These standards were indeed codes of protected profound quality and it was a commitment
on government to act as needs be.

Fundamental Rights
Essential rights were made part of the constitution and were to be upheld by the Supreme Court.
Every such law and administrative strategies as could abuse major rights could be tested in the
law-courts. These rights were ensured to Muslims and non-Muslims with no decimation. A
portion of these included right to life, freedom, property and individual security, the right to
speak speech freely, expression, thought and activity, right of development, right to protection
and family life and so forth.

Official Language
Under the 1956 Constitution of Pakistan both Urdu and Bengali were made official languages of
Pakistan. Nevertheless, English was adopted and accepted as language for official business for a
period of 25 years.

Causes of Failure of Parliamentary System under Constitution of 1956


Some causes of failure of 1956 constitution are:
Lack of Leadership
Absence of Leadership played vital role in the disappointment of the constitution of 1956. For
Lack of Leadership, Pakistan never discovered its approach to advancement of its parliamentary
framework. In this way, parliamentary framework under first constitution of Pakistan failed.

Lack of Political Training


There was absence of political leadership in the country. Numerous ideological groups made
with no political objective. Their battle against one another to acquire power. Thus, under these
conditions, improvement of parliamentary framework under this constitution failed.

Unicameralism
The constitution of 1956 was presented unicameral assembly. Through unicameral assembly
make numerous issues for Pakistan and the outcome is that military law was forced in country.

Delay in Elections
Each ideological group attempt to acquire power and nobody was interested in elections. In this
way, these conditions, elections were postponed and such defer caused disappointment of
parliamentary framework under first constitution of Pakistan 1956.
Non Existence of Economic Equality
Non presence of financial equality in the nation was a reason for disappointment of constitution.
Constitution of 1956 portrayed a few standards for financial improvement of nation, at this point
nepotism and feudalism actually looked at the constitution from carrying out those standards. At
long last, parliamentary framework under this constitution failed.

Drawbacks
 The Bengalis were underrepresented in the National Assembly.
 The provisional autonomy was not given to provinces, and their demands were tried to be
crushed by 'One Unit Scheme', while Dr Akhter Hamid Khan always said that the people
should be given the right to solve their problems themselves.
 The first step towards institutionalizing army into politics was taken by giving the
president the right to declare emergency at a time of so-called internal or external danger.

ENFORCEMENT OF MARTIAL LAW


The evening of 7 October 1958, the constitution was suspended by a Presidential announcement.
The ministries were dissolved; the lawmaking bodies broke up and ideological groups were
prohibited. The President of the Army, General Mohammad Ayub Khan, was selected Chief
Martial Law Administrator. The declaration harped finally on the tumultuous condition of the
nation, absence of compunctions with respect to parliamentary pioneers, broad debasement,
flighty direct of administrations and tumultuous accounts. Another declaration expressed that the
object of this 'take over' was to 'clear the wrecks' and set up the country for more practicable
structure government. Three weeks experience of the new government showed, notwithstanding,
that Iskandar Mirza was still playing and attempting to utilize the very weapons against his new
associates that he had so effectively utilized against the lawmakers. He was made to abandon
office on 27 October1958 and the Chief Martial Law Administrator, Mohammad Ayub Khan,
turned into the President of the country.

References
https://constitutionnet.org/sites/default/files/what_is_a_constitution_0.pdf

https://www.researchgate.net/publication/344341529_Constitution_of_1956

http://studylecturenotes.com/salient-features-of-1956-constitution-of-pakistan

https://historypak.com/constitution-of-1956

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