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the Constitution of 1962, and the Constitution of 1973. Each of these constitutions has
had a significant impact on the political and social landscape of the country, and each
has been subject to amendments over the years.
Constitution of 1956: The Constitution of 1956 was the first constitution of Pakistan,
which came into effect on March 23, 1956. It was a product of extensive debates and
negotiations between the political leaders of the time, and it was based on the principle
of parliamentary democracy. The constitution established a federal system of
government, with the President as the head of state and the Prime Minister as the head
of government. The constitution recognized the Islamic identity of the state, but it also
provided for religious freedom and equality before the law for all citizens. It also
provided for a bill of rights, which included the right to freedom of speech, religion, and
assembly.
One of the most significant criticisms of the Constitution of 1956 was its failure to
address the issue of provincial autonomy adequately. It was widely perceived that the
constitution gave too much power to the central government at the expense of the
provinces. Additionally, the constitution was only in force for a brief period of time, as it
was abrogated after the military coup of 1958.
Constitution of 1962: The Constitution of 1962 was promulgated by the military dictator
Ayub Khan, who had seized power in 1958. It was a highly centralized constitution that
granted extensive powers to the President and limited the role of political parties and
elected representatives. The constitution established a presidential system of
government, with the President as both the head of state and the head of government.
It also established a system of indirect elections, in which the President and the
members of the National Assembly were elected by an Electoral College.
The Constitution of 1962 was criticized for its lack of democratic legitimacy, as it was
imposed by a military regime. Additionally, it limited the role of the judiciary and
weakened the system of checks and balances, which led to widespread abuses of power.
The Constitution of 1973 has been subject to numerous amendments over the years,
some of which have been controversial. For example, the Eighth Amendment,
introduced by General Zia-ul-Haq in 1985, gave the President the power to dissolve the
National Assembly and dismiss the Prime Minister. The amendment was widely criticized
for giving too much power to the President and weakening the system of checks and
balances.
In conclusion, while each of Pakistan's constitutions has had its strengths and
weaknesses, the Constitution of 1973 is widely regarded as the most democratic and
progressive constitution in the country's history. However, it has been subject to
numerous amendments over the years, some of which have weakened its democratic
principles.
The Constitution of Pakistan of 1973 is the current and the third constitution of Pakistan.
It was passed by the National Assembly on April 10, 1973, and it came into effect on
August 14, 1973. The salient features of the Constitution of Pakistan of 1973 are as
follows:
1. Federalism:
2. Parliamentary System:
The Constitution of 1973 provides for a parliamentary system of government, where the
Prime Minister is the head of the government, and the President is the ceremonial head
of the state. The Prime Minister is appointed by the National Assembly, and he or she is
accountable to the National Assembly.
3. Separation of Powers:
The Constitution of 1973 provides for the separation of powers between the executive,
legislative, and judiciary. The executive consists of the Prime Minister and the Cabinet,
the legislative branch is represented by the National Assembly and the Senate, and the
judiciary includes the Supreme Court, High Courts, and other subordinate courts.
4. Fundamental Rights:
5. Islamic Republic:
The Constitution of 1973 declares Pakistan an Islamic Republic, and it requires that laws
be in accordance with the principles of Islam. However, it also provides for the
protection of the rights of religious minorities.
6. Provincial Autonomy:
The Constitution of 1973 provides for provincial autonomy and devolves certain powers
to the provinces. The provinces have the power to legislate on matters such as
education, health, and social welfare.
7. Judicial Review:
The Constitution of 1973 provides for judicial review, where the courts have the power
to interpret the constitution and declare laws unconstitutional.
8. Amendment Procedure:
The Constitution of 1973 can be amended by a two-thirds majority in both the National
Assembly and the Senate.
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The Constitution of Pakistan, 1956, was the first constitution of Pakistan after its independence from
British India. Its salient features were as follows:
In conclusion, the Constitution of Pakistan, 1956, provided a framework for a federal parliamentary
system of government with fundamental rights and an independent judiciary while also
incorporating Islamic provisions. However, it was abrogated in 1958 when the military took over the
government, and subsequent constitutions were introduced in Pakistan.