Constitutional Development of Pakistan
By
Altaf Abuali
Faisal Firdous Alwani
Objective Resolution
The Objectives Resolution was a resolution adopted on
12 March 1949 by the Constituent Assembly of
Pakistan. The resolution, proposed by the Prime
Minister, Liaquat Ali Khan, proclaimed that the future
constitution of Pakistan would not be modeled entirely
on a European pattern, but on the ideology and
democratic faith of Islam.
The Objectives Resolution, which combines features of
both Western and Islamic democracy, is one of the most
important documents in the constitutional history of
Pakistan.
Salient Features
Sovereignty belongs to Almighty Allah but He has
delegated it to the State of Pakistan through its people
for being exercised within the limits prescribed by Him
as a sacred trust.
The State shall exercise its powers and authority through
the chosen representatives of the people.
The principles of democracy, freedom, equality,
tolerance and social justice, as enunciated by Islam,
shall be fully observed.
Muslims shall be enabled to order their lives in the
individual and collective spheres in accordance with the
teachings of Islam as set out in the Qur'an and Sunnah.
Salient Features
Adequate provision shall be made for the minorities to
freely profess and practice their religions and develop
their cultures
Pakistan shall be a federation.
Fundamental rights shall be guaranteed.
The judiciary shall be independent.
1956 Constitution
After nine years of efforts, Pakistan was successful in
framing a constitution. The Constituent Assembly
adopted it on 29 February 1956, and it was enforced on
23 March 1956, proclaiming Pakistan to be an Islamic
republic.
The Constitution of 1956 was lengthy and detailed; it
contained 234 articles divided into thirteen parts and six
schedules. The Constitution of 1956 provided for federal
system with the principle of parity between East
Pakistan and West Pakistan. The Federal Legislature was
to perform like the British Parliament.
Salient Features
Written Constitution: This is a written and lengthy document.
Rigid Constitution: For amendment two-third majority was
required in parliament.
Islamic Republic of Pakistan
Objective Resolution:
Federal System: The constitution provide for a federal system
in the country. The powers were divided among the centre and
the provinces. The subjects were divided into three lists; The
Federal List, The Provincial List, and the Concurrent List.
Unicameral legislature: Only one house National Assembly
Parliamentary System: Parliamentary system was adopted,
according to it President was the Head of the State and the
Prime Minister headed the government.
Salient Features
Islamic Law No Law would be passed against the
teachings of Quran and Sunnah
Language: Urdu and Bengali was declared as the national
language of Pakistan.
Free Judiciary
Provincial Autonomy
Prime Minister was to be the leader of Parliament and
President was the leader of the state and should be
Muslim.
Fundamental Rights were safeguarded for e.g. Religious
freedom, freedom of speech, rights of property and
liberty, civil rights were granted.
1962 Constitution
On October 1958, President Iskander Mirza abrogated
the constitution. Shortly afterwards General Ayub Khan
deposed Iskandar and declared himself president.
Ayub Khan set a constitutional commission for
constitution making. The commission presented the
constitution to the President Cabinet and they
thoroughly examined the constitution and on 8th June
1962 the constitution came into force. The Constitution
contained 250 articles divided into twelve parts and
three schedules.
Salient Features
Written Constitution The Constitution of 1962 was a written
document. It consisted of five schedules and 250 articles.
Rigid Constitution This is a rigid constitution. This is a rigid
constitution can only be amended through a particular process.
If an amendment to the constitution is passed by at least two-
third majority of the parliament then it becomes a part of law
after authentication by the President.
Federal System A federal system was introduced in the
country. It consisted of a central government and two
provincial government comprising East and West Pakistan
Unicameral Legislature: Only one house National Assembly.
Salient Features
Indirect Method of elections: It was introduced first
time.
Objective Resolution
Urdu and Bengali were recognized as national languages.
The Constitution of 1962 provided for elections of the
Central and Provincial Legislatures for a term of five
years. Term of president was five years
Only a Muslim could be qualified for the election as
President, a non-Muslim might get the chance to be an
acting President of Pakistan
Pakistan was named Republic of Pakistan
Fundamental Rights would be safeguarded.
1973 Constitution
Demoralized and finding himself unable to control the situation,
General Yahya Khan surrendered power to Bhutto who was sworn
in on 20 December 1971 as President and as the (first civilian)
Chief Martial Law Administrator.
After gaining power, Zulfiqar Ali Bhutto invited the leaders of the
parliamentary parties to meet him on 17 October 1972, which
resulted in an agreement known as the 'Constitutional Accord', the
draft bill for the Constitution of Pakistan was signed by leaders of
all parliamentary groups in the National Assembly. The Assembly
passed the bill nearly unanimously on 19 April 1973 and endorsed
by the acting President Zulfiqar Ali Bhutto on 12 April 1973..The
Constitution came into effect from 14 August 1973. On the same
day, Bhutto took over as the Prime Minister and Choudhary Fazal-
e-Elahi as the President of Pakistan.
Salient Features
Written Constitution: It is very comprehensive and
consists of twelve parts consisting of 280 articles.
Rigid Constitution: It is a rigid constitution. No
Government can change it at will. It is not easy to make
amendments in it. Two-third majority of both the
Houses is required for this purpose.
ISLAMIC PROVISIONS : Pakistan was named as "
Islamic Republic of Pakistan ". Only a Muslim should
be Appointed as the President or the Prime Minister of
Pakistan . No Law has to be Passed against the teachings
of the Holy Quran and Sunnah and the Existing laws to
be made Islamic in Character . Islam was Declared as
the Religion of the State .
Salient Features
NATIONAL LANGUAGE
: Urdu was declared sole Nation
Language of Islamic Republic of Pakistan .
Direct Method of Election: The Constitution of 1973 gives a
direct method of election. The members of the National Assembly,
the Provincial Assemblies are directly elected by the people.
Federal System: The Constitution of 1973 has introduced a
Federal system in the country. The federation of Pakistan consists
of a Central Government and four Provincial Governments.
Parliamentary form of Government: The 1973 Constitution
proposes a Parliamentary form of Government in the country.
Prime minister is the head of the Parliamentary system. He hold
office for 5 years.
Salient Features
JUDICIARY : Under the Constitution of 1973 the
Judiciary enjoyed a Full Supremacy over the other two
Organs of the State .
Bicameral Legislature: The Constitution provides for the
establishment of a bicameral legislature in Pakistan. The
Parliament consists of two Houses named Senate and
National Assembly. The Senate or the Upper House and
National Assembly Upper House.
Introductory and the Objectives Resolution: It
commences with an introductory which slates the Islam
shall be state religion. The principles and provisions set out
in the Objectives Resolution have been made substantive
part of the constitution.
Salient Features
Free Judiciary: Under the constitution of 1973, the
judiciary enjoys full supremacy over the other organs of
the state.
President must be a Muslim not less than 45 years of
age, elected by the member of Parliament. He hold the
office for 5 years.
Fundamental Rights in 1973 constitution include
religious freedom, freedom of speech, rights of property
and liberty, civil rights, safeguard religious institution
were granted.
1973-to date
Till
now 18 amendments have been made in 1973
Constitution by various governments.
