The Constitution of 1956
Background:
•
Pakistan gained independence in 1947, but it lacked a proper constitution and was
governed under the Government of India Act, 1935.
•
The Constituent Assembly was tasked with drafting a constitution. Political
instability, regional disparities, and disagreements over the role of religion delayed
the process.
•
The Objectives Resolution (1949) laid the groundwork for Pakistan as an Islamic
state, emphasizing sovereignty belonging to Allah and the principles of democracy,
freedom, and equality within the framework of Islam.
•
The constitution was finalized and enacted on March 23, 1956, marking Pakistan’s
transition to a republic.
Implementation:
•
Implemented by Major General Iskander Mirza, the first President of Pakistan.
•
Came into effect on March 23, 1956, replacing the Government of India Act, 1935,
as the governing framework.
Salient Features:
1. Islamic Republic: Declared Pakistan as the Islamic Republic of Pakistan.
2. Federal Structure: Introduced a federal parliamentary system with powers divided
between the center and provinces.
3. Unicameral Legislature: Established a single National Assembly with equal
representation for East and West Pakistan.
4. Parliamentary System: Prime Minister served as the executive head of government;
the President held a ceremonial role.
5. Fundamental Rights: Guaranteed fundamental rights such as freedom of speech,
religion, and equality before the law.
6. Islamic Provisions: Ensured that no law could be enacted contrary to Islamic
teachings.
7. Judiciary: Ensured the independence of the judiciary to uphold constitutional
provisions.
8. Urdu and Bengali as National Languages: Recognized both languages to bridge
regional linguistic differences.
Pros:
•
Established Pakistan as an Islamic republic in line with the Objectives Resolution.
•
Introduced a democratic parliamentary framework for governance.
•
Recognized and guaranteed fundamental rights for citizens.
Cons:
•
The unicameral legislature was criticized for not adequately balancing regional
interests.
•
Ambiguity in defining the relationship between the President and Prime Minister
caused political instability.
•
Failure to address economic and social disparities between East and West Pakistan.
Strong Points:
•
Emphasized Islamic values while recognizing democratic principles.
•
Provided a legal framework for governance and rights for the first time.
Drawbacks:
•
Weak political structure and frequent conflicts between legislative and executive
branches.
•
Inadequate provisions for addressing regional and ethnic grievances.
Criticism:
•
Overemphasis on centralized governance ignored the autonomy demanded by
provinces, particularly East Pakistan.
•
The constitution was perceived as overly influenced by the elites, sidelining the
common people.
•
The ceremonial role of the President led to political manipulations by Iskander
Mirza.
Abrogation:
•
Abrogated by President Iskander Mirza on October 7, 1958, citing political instability,
frequent changes of government, and failure to maintain law and order.
•
Martial law was declared, and General Ayub Khan took control as Chief Martial Law
Administrator.
The Constitution of 1962
Background:
•
Drafted during General Ayub Khan’s military regime to replace the abrogated 1956
Constitution.
•
Ayub Khan aimed to create a constitution that centralized power and established a
strong presidential system to curb political instability.
•
Promulgated on June 8, 1962, after being prepared by a commission led by Justice
Shahabuddin.
Implementation:
•
Implemented by General Ayub Khan.
•
Marked Pakistan’s second constitution, designed to create a controlled and
authoritarian system of governance.
Salient Features:
1. Presidential System: Introduced a strong Presidential system where the President
had executive powers.
2. Centralization: Centralized power in the President, who could dissolve the
legislature and appoint key officials.
3. Bicameral Legislature: Established a National Assembly and Provincial Assemblies
with limited powers.
4. Basic Democracies: Introduced indirect elections through Basic Democracies, a
system of local councils acting as electoral colleges.
5. Islamic Provisions: Reaffirmed Islamic principles but reduced emphasis compared
to the 1956 Constitution. A Council of Islamic Ideology was established.
6. No Parliamentary System: Abolished the position of Prime Minister.
7. Judiciary: Curtailed judicial independence and allowed the executive to influence
the judiciary.
8. Language Policy: Declared Urdu and Bengali as national languages.
Pros:
•
Centralized governance ensured swift decision-making and implementation of
policies.
•
Simplified administrative processes through Basic Democracies.
•
Promoted development and economic reforms under a stable leadership.
Cons:
•
Undermined democratic principles by concentrating excessive power in the hands
of the President.
•
Limited public participation in governance due to indirect elections.
•
Alienated East Pakistan by favoring West Pakistan in policy and resource allocation.
Strong Points:
•
Encouraged economic growth and industrialization during Ayub’s regime.
•
Simplified governance structure allowed efficient policy implementation.
Drawbacks:
•
Reduced emphasis on Islamic principles alienated religious factions.
•
Lack of democratic representation led to widespread dissatisfaction.
Criticism:
•
The Basic Democracies system was seen as a tool to legitimize Ayub Khan’s rule
rather than a genuine democratic mechanism.
•
Ignored provincial autonomy, deepening the grievances of East Pakistan.
•
The concentration of power created a governance model criticized as dictatorial.
Abrogation:
•
Suspended during the 1969 political crisis caused by mass protests and opposition.
•
General Yahya Khan declared martial law and abrogated the constitution on March
25, 1969.
The Constitution of 1973
Background:
•
Formulated after the secession of East Pakistan (Bangladesh) in 1971.
•
Zulfikar Ali Bhutto’s government worked with opposition parties to draft a consensus
constitution to restore democratic governance.
•
Approved by the National Assembly on April 10, 1973, and enacted on August 14,
1973.
•
Designed to address the shortcomings of previous constitutions and unite a
fractured country.
Implementation:
•
Implemented under the leadership of Zulfikar Ali Bhutto.
•
This is the current constitution of Pakistan, though it has undergone several
amendments.
Salient Features:
1. Federal Parliamentary System: Restored a parliamentary form of government with
the Prime Minister as the executive head.
2. Bicameral Legislature: Established a National Assembly (directly elected) and
Senate (equal representation for provinces).
3. Islamic Provisions: Declared Islam as the state religion and ensured laws
conformed to Islamic principles.
4. Fundamental Rights: Guaranteed extensive rights, including equality, freedom of
speech, and religious freedom.
5. Judicial Independence: Ensured an independent judiciary to safeguard
constitutional rights.
6. Provincial Autonomy: Enhanced provincial autonomy to address regional
grievances.
7. President as Ceremonial Head: Limited the President’s powers to a symbolic role,
with real power vested in the Prime Minister.
8. Amendments Provision: Allowed amendments to adapt the constitution to
changing circumstances.
Pros:
•
Restored democracy and parliamentary governance.
•
Achieved broad political consensus, uniting diverse political groups.
•
Strengthened provincial autonomy to promote federal harmony.
Cons:
•
Frequent amendments (e.g., 8th and 17th Amendments) diluted the constitution’s
democratic spirit.
•
Political instability and military interventions hindered its effective implementation.
•
Over-centralization of authority in the Prime Minister’s office created imbalances.
Strong Points:
•
Promoted democratic values and federalism.
•
Incorporated comprehensive fundamental rights for citizens.
Drawbacks:
•
Weak enforcement mechanisms for fundamental rights and provincial autonomy.
•
Over-reliance on political consensus made it vulnerable to manipulation by
powerful factions.
Criticism:
•
The constitution’s suspension during martial laws highlighted its fragility in the face
of military interventions.
•
Frequent political compromises undermined its original intent.
•
Amendments often reflected the ruling party’s interests rather than national
priorities.
Abrogation:
•
Temporarily suspended during military coups in 1977 (General Zia-ul-Haq) and 1999
(General Pervez Musharraf).
•
However, it was restored and remains the supreme law of Pakistan, albeit with
modifications through amendments.