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Constitutional History of Pakistan

Background:

The first constitution was promulgated in 1956, the second in 1962, whereas the third and
current constitution in 1973.  As per the date of their promulgation, they are called the 1956
constitution, the 1962 constitution, and the 1973 Constitution respectively.

The 1956 Constitution lasted only for two years as the then-president Iskandar Mirza
abrogated it by imposing the first Martial Law in the country. After four years of his rule,
Field Marshal Ayub Khan introduced the 1962 Constitution which remained enforced as long
as Ayub was in power. 

When Bhutto came to power in 1971, his government promulgated the 1973 constitution
with the complete consent of the opposition parties in the parliament. Despite military
coups and a number of amendments by military rulers, the 1973 constitution stills act as the
constitution of Pakistan.

Salient features of 1956 Constitution of Pakistan:

The salient features of 1956 Constitution of Pakistan are as follows;

1. A Written and Lengthy Document:

The 1st Constitution of Republic of Pakistan was written in nature. It consisted of 234
Articles and 6 Schedules. Hence it was one of the lengthiest constitutions of the world as it
regulated the activities and jurisdiction of not only the central government but also those of
the provincial governments. In this way unlike the US Federation, the federating units did
not have their separate constitutions.

2. Islamic Provisions in 1956 Constitution:

Pakistan was achieved on the name of Islam. The Objective Resolution was included in the
Preamble of the constitution, which acknowledged sovereignty of God on the universe.
Initiative was made that Muslims of Pakistan should implement the teaching of Quran and
Sunnah in their lives. The President of Pakistan must be a Muslim. Non-Muslims were also
protected and considered as citizens of Pakistan.

3. Federation:

The constitution embodied all the features of federation. There were three legislative lists
Federal, Provincial and Concurrent. Federal List contained 30 Subjects, the Provincial 94 and
in the Concurrent List only 19 Subjects were enumerated. Both the central and provincial
legislatures could also make laws regarding Concurrent subjects. However, in case of conflict
the central law would prevail. All the residuary powers were entrusted to the provinces,
which sowed decentralization of authorities so as to meet the demands of provincial
autonomy. In case of conflict between the center and the provinces, the Chief Justice of
Pakistan would have to settle the dispute.
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4. Parliamentary Form of Government:

Under the constitution parliamentary form of government was adopted. All the ministers
were supposed to be the members of Parliament and they remained in office so long as they
retained the confidence of the majority members in the Assembly. They were individually as
well as collectively responsible to the National Assembly and had to participate in its
proceedings and to guide legislation. The Assembly had the power, to pass a vote of no
confidence against the ministry. The President was the Head of State while the Prime
Minister was the Head of Government.

5. Position of the President in 1956 Constitution of Pakistan:

The executive authority of the federation was vested in the President, who was to be
elected by members of the National and Provincial Assemblies for 5 years. He could
summon, prorogue or dissolve the National Assembly on the advice of the cabinet, could
address the National Assembly and could send messages to it. His prior permission for
budget to be moved in the Assembly was necessary. He possessed limited veto with respect
to laws passed by National Assembly and absolute veto with respect to provincial laws. He
could also issue ordinances and was the supreme commander of the armed forces.

6. Unicameral Legislature:

The 1956 Constitution is characterized by unicameralism called National Assembly. It

consisted of 300 members who were directly elected by the people of both the wings on
parity basis for a period of 5 years. Besides, 10 seats were also reserved for women for 10
years. A person not less than 25 years of age could become its member. Every Pakistani
citizen having attained 21 years of age had the right to vote. Speaker and Deputy Speaker
were its presiding officers. There were to be at least 2 sessions of Assembly every year.
Although its life was 5 years, however, it could be dissolved earlier and fresh elections were
to be held.

7. Independence of Judiciary:

Necessary protection was given to independence of judiciary. Head of the State will be
authorized to appoint the judges. Their service could not be challenged without any
accusation. The Supreme Court was entrusted the task of interpreting, the constitution and
to adjudicate in any dispute between federal government and any provincial government or
between provincial governments. There was single hierarchical court network throughout
the country with Supreme Court at the top.

8. Directive Principles of State Policy:

Directive principles of state policy were also incorporated in Part III of the constitution.
Some of these principles dealt with Islamic teachings, other included eradication of poverty
and provisions of equal facilities to all alike for welfare purpose, protection of the rights of
minorities, elimination of illiteracy, uplift of life standard, enforcement of socioeconomic
justice, separation of judicial and executive branches etc. These principles were in fact codes
of constitutional morality and it was an obligation on government to act accordingly.
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9. Fundamental Rights:

Fundamental rights were made part of the constitution and were to be enforced by the
Supreme Court. All such laws and administrative policies as could violate fundamental rights
could be challenged in the law-courts. These rights were guaranteed to Muslims and non-
Muslims without any discrimination. Some of these included right to life, liberty, property
and personal security, freedom of speech, expression, thought and action, right of
movement, right to privacy and family life etc.

10. 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.

Comparison of all three constitutions of Pakistan:

Following are the similarities and differences found among all three constitutions which
were framed and promulgated in Pakistan at different times under different rulers. 

1. Similarities among the constitutions:

All the three constitutions of 1956, 1962, and 1973 provided: 

1. A condition of being a Muslim above age 40 to become the head of the executive and state.
2. Legislation in alignment with Islamic laws and repealing of laws repugnant to Islam.
3. Objectives Resolution 1949 as part of the preamble.
4. Elections on basis of Universal suffrage.
5. That Pakistan would be named the Islamic Republic of Pakistan.

2. Differences among 1956, 1962, and 1973 constitutions:

Following are the differences found among all three constitutions which are;

1956 Constitution: 1962 Constitution: 1973 Constitution:

• President would be more
powerful. He could choose Prime
Minister from National Assembly.
• He would also have the power to
dismiss PM, the government, and
the assembly.
1. Head of the State:
• It did not provide the post of PM.
• President was all-powerful with the
authority to dismiss the national and
provincial assemblies.
• The post of president would be
symbolic. He/she would act only
with the advice of the prime
minister.
• The prime minister would be
more powerful and elected by the
national assembly.

• It provided the parliamentary
form of government.
• It provided One house
parliament/unicameral legislature.
• There would be only a national
assembly.
• Urdu and Bengali were declared
as National languages.
5. Definition of Muslim in the Constitution:
• There was no provision with
regard to the definition of a
Muslim.
• It provided that people will
directly elect members of the
national assembly.
• Unlike the 1973 constitution,
there was no mention of Islam as
the official religion of the state.
• The minimum age limit for the
president would be 40 years.
2. Form of Government:
• It provided the presidential form of
government.
3. Form of Legislature:
• It provided a unicameral legislature
called National Assembly.
4. National Language of the State:
• Urdu and Bengali were declared as
national languages.
• No provision regarding the definition • Provision of the definition of a
of a Muslim.
6. Electoral Process:
• It provided that Basic Democrats
would act as an electoral college for the unlike the 1962 constitution, the
national and provincial assemblies.
7. Religion of the State:
• It also did not mention religion Islam • Islam would be the official
as the official religion of the state.
8. Age limit for President:
• The minimum age limit for the
president would be 35 years.
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• Like that of 1956 constitution, it
also provided a Parliamentary form
of government.
• There would be bicameral/ two-
house parliament consisting of the
Senate (upper house) and National
Assembly (Lower House).
• Only Urdu was declared as the
national language as Bengali-
speaking East Pakistan had
seceded from West Pakistan.
Muslim.
• Under this definition, Qadiyanis
were declared non-Muslims in
Pakistan.
• Like the 1956 constitution and
1973 constitution provided that
people will directly elect members
of both national and provincial
assemblies.
religion of the state.
• The minimum age limit for the
president would be 45 years.