1

Constitutional development in Pakistan

The present Constitution of the Islamic Republic of Pakistan was

approved/promulgated by the Parliament (consisting National Assembly and the Senate) of
Pakistan on 14 August 1973. It is based on a bicameral legislature i.e. The Senate (upper house)
and the National assembly (Lower house); an executive branch governed by the Prime Minister as
chief executive, and an apex federal judiciary headed by Supreme Court. The Constitution
designates the President of Pakistan as a ceremonial Head of State who represents the unity of the
state. Islam is the state religion as nothing repugnant to the teachings of the Quran and Sunnah can
be made part of the constitution.
The background of constitutional development:
The Objectives Resolution: Pakistan came into being on 14th august 1947. The then
Constituent Assembly passed the Objectives Resolution in March 1949 to define the basic
principles of the new state and to declare state recognition of the sovereignty of Allah over the
universe. The Objectives Resolution affirmed the role of democracy and contained religious
provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives
Resolution was inserted as a preamble into each of Pakistan's subsequent constitutions.
The first constitution was approved in 1956. The provisions of the Government of India Act,
1935, had greatly influenced the state and served as its basic legal document until 1956. But the
1956 constitution was abrogated in 1958 after a military Coup d'état. Pakistan's second constitution
was approved in 1962. The 1962 constitution was suspended in 1969 and abrogated in 1972.
The 1973 constitution unlike the 1962 constitution gave Pakistan a parliamentary
democracy with executive power concentrated in the office of the prime minister, and the formal
head of state—the president—limited to acting on the advice of the prime minister.
The 1973 Constitution also created certain institutions such as the Shariat Court and
the Council of Islamic Ideology to channel the interpretation and application of Islam.
After another coup d'état in 1977, the constitution was held in abeyance until it was "restored"
in 1985 but with an amendment (the Eighth) shifting power from the parliament and Prime
Minister to the president. Another Amendment (Seventeenth) in 2004 continued this shift, but in
2010, the Eighteenth amendment reduced presidential powers, returning the government to
a parliamentary republic/Prime Minister.
1956 Constitution:
It was the then Prime Minister Muhammad Ali and his government officials who worked
with the opposition parties in the country to formulate a constitution for Pakistan. Finally, the joint
work led to the promulgation of the first set of the constitution on 23 March 1956. The constitution
provided for a parliamentary form of government with a unicameral legislature. It officially
adopted Pakistan as an "Islamic Republic" and the principle of parity was introduced. Its features
were:
 2

 Islamic Republic of Pakistan – Official name of the country was

adopted
 Objectives Resolution – The objective resolution was included as
a preamble by the constitution.
 System of government – Parliamentary with a prime minister as
head of government.
 Unicameral Legislature – A single house, only a National
Assembly that would consist of 300 members; 150 members from
each East and West Pakistan
 President – Required to be a Muslim and ceremonial head of state.
In case of internal or external danger, he could declare a state of
emergency in the country.
 Islamic law – No law would be passed against the teachings of the
Quran and Sunnah.
 Independent Judiciary – The Supreme Court as an apex court – a
final arbitrator of all the decisions.
 Fundamental rights included freedoms
of movement, speech and, profession and profess religion, right to
life, liberty, and property.
 Language – English, Urdu, and Bengali were made national
languages.
By the constitution, Iskander Mirza assumed the presidency but his constant involvement
in national affairs, as opposed to Constitution, dismissed four elected prime ministers in two years.
Under public pressure, Mirza upheld the coup d'état in 1958, thus virtually suspending the
constitution. Shortly afterward General Ayub Khan deposed Mirza and declared himself president.
1962 Constitution:
General Ayub Khan came out with a new constitution which he promulgated on 8 June 1962.
The main feature of this was the introduction of the Presidential system and more consolidated
powers to the President. The remaining features were that of the 1956 constitution. Its features
include:

 More powers to the President of Pakistan.

 Strengthening of the Islamic Ideology Council.
1970 Legal Framework Order:
President Ayub Khan invited Chief of Army Staff General Yahya Khan to enforce martial
law in the country. On assuming the presidency, General Yahya Khan acceded to popular
demands by abolishing the one-unit system in West Pakistan and ordered general elections
on the principle of one man, one vote.
The military government and President Yahya himself made no efforts to frame a
constitution, aside from issuing the extrajudicial order in 1970. Across the country, the
expectations were that a National Assembly would be set up by holding a free and fair election.
To hold the proposed elections, President Yahya promulgated a Legal Framework Order on 30
 3

March 1970 that also spelled out the fundamental principles of the proposed constitution and the
structure and composition of the national and provincial assemblies.
In December 1970, nationwide general elections were held simultaneously for both the
national and five provincial assemblies. The nationalist Awami League (AL) secured the mandate
of East Pakistan but failed to perform in any four provinces of Pakistan. The Pakistan People's
Party (PPP) under the leadership of Zulfikar Ali Bhutto gained a mandate in Punjab and Sind but
failed in East Pakistan, NWFP, and Baluchistan.
Move for the constitution -1973:
Constitutional crises grew further when the AL refused to make concessions over its six
points to draft the constitution and instead of maintaining that the AL was able to frame a
constitution and form a central government on its own.
The PPP was not willing to dilute the authority of the federal government despite assuring full
provincial autonomy for all the provinces of Pakistan. Negotiations on framing the work on the
constitution were held between January and March 1971 between leaders of the PPP, the AL, and
the military government of Yahya Khan, which turned out to be a failure. Under the LFO, the
President was to decide when the National Assembly was to meet. By 13 February 1971, President
Yahya announced that the National Assembly was to meet at Dhaka on 3 March 1971. By this
time the differences between the main parties to the conflict had already crystallized. Over the six-
point issue, the PPP was convinced that a federation based on the six points would lead to a feeble
confederation in name only. Bhutto announced on 15 February that his party would not attend the
National Assembly unless there was 'some amount of reciprocity from the Awami League. Sheikh
Mujib replied at a press conference on 21 February, asserting that "Our stand is absolutely clear.
The constitution will be framed based on the six points".
Such an announcement led the PPP to demand the National Assembly session be
postponed. The PPP threatened to stage a large-scale general strike all over the country. Under
pressure from the PPP, President Yahya postponed the National Assembly session on 25 March
which came as a shattering disillusionment to the AL and their supporters throughout East
Pakistan.
This action made the AL and its supporters believe that the authorities of Pakistan are denying
them the fruits of their electoral victory. This resulted in the outbreak of violence in East Pakistan.
The Awami League launched a non-cooperation movement as they virtually controlled the entire
province. Due to disturbances in East Pakistan, no National Assembly session was called and
the military moved into East Pakistan to control the situation. The civil disobedience movement
turned into an armed liberation movement backed by India.
With India successfully intervening in the conflict, the Pakistan military surrendered to
the Indian military and almost 93,000 military personnel were taken as prisoners of war on 16
December 1971. Demoralized, gaining notoriety in the country, and finding himself unable to
control the situation, President Yahya ultimately handed over the national power to the PPP, of
which Zulfikar Ali Bhutto was sworn in on 20 December 1971 as President and as the (first
civilian) Chief Martial Law Administrator.
After Bangladesh was formed in 1971, the PPP formed the government and partially enacted
the 1962 constitution. President Zulfikar Ali Bhutto called for a constitutional convention and
invited the leaders of all political parties on 17 April 1972.
 4

On 20 October 1972, the draft was revived by all leaders of the political parties and signed the
declaration of adopting the Constitution in the National Assembly on 2 February 1973. Ratified
unanimously on 19 April 1973, the Constitution came into full effect on 14 August 1973. On the
same day, the successful vote of confidence motion in the Parliament endorsed Zulfikar Bhutto as
the elected Prime Minister after latter relinquishing the presidency after appointing Fazal-i-Ilahi to
that office.
The 1973 Constitution ultimately established a bicameral Parliament, with the National
Assembly as the lower house and the Senate as the upper house. It also established the
parliamentary form of government with the Prime Minister as its head of government; the elected
National Assembly genuinely representing the will of the people.
The fundamental rights, freedoms of speech, religion, press, movement, association, thought,
and intellectual, life, liberty and property, and right to bear arms were introduced in the new
Constitution. Islam was declared as the State religion of Pakistan. The geography and border status
of the country was redefined and "Pakistan was to be a Federation of Four Provinces."
Important Provisions:
1. The Constitution put a stipulation on the eligibility of becoming President and Prime
Minister that only "Muslim" of not less than forty-five years of age and is qualified for
becoming the Prime Minister. No law repugnant to Islam shall be enacted and the present
laws shall also be Islamized.
2. The Constitution also introduced a new institution known as the "Council of Common
Interests" consisting of the Chief Minister of each four provinces and an equal number
of Cabinet ministers of the Government nominated by the Prime Minister. The Council
could formulate and regulate the policy in Part II of the Legislative List. In case of
complaint of interference in water supply by any province the Council would look into the
complaint.
3. Another major innovative introduction in the Constitution is the establishment of the
National Finance Commission (NFC) consisting of the Provincial and Finance Ministers
and other members to advise on the distribution of revenues between the federation and the
provinces.
4. The Constitution's first parts introduce the Islamic way of life, promotion of local
government, full participation of women in national life, protection of minorities,
promotion of social and economic well-being of the people, and strengthening the bonds
with the Muslim world and to work for international peace.
5. Under the Constitution, the Fundamental Rights include security of person, safeguards as
to arrest and detention, prohibition of slavery and forced labor, freedom of
movement, freedom of association, freedom of speech, freedom to profess religion and
safeguards to religious institutions, non-discrimination in respect of access to public places
and service, preservation of languages, script, and culture.
6. Regarding national languages, Urdu was declared as the national language, and English as
the official language; all other languages were preserved by the Constitution.
7. A Council of Islamic Ideology shall be constituted referred to as the Islamic advisory
council.
8. The Constitution of Pakistan defined a Muslim as a person who believes in the unity and
oneness of Allah, in the absolute and unqualified finality of the Prophethood of
the Islamic prophet, Muhammad (SAW), and does not believe in, or recognize as a prophet
 5

or religious reformer, any person who claimed or claims to be a prophet, in any sense of
the word or of any description whatsoever, after Muhammad (SAW).
9. In keeping with this definition, the Second Amendment to the Constitution (1974) declared
for the first time the Ahmadiyya Community and/or the Lahori Group as non-Muslims,
since their leader, Mirza Ghulam Ahmad, claimed to be the prophet of God.
10. However, the Fourth Amendment (1975) set aside six seats in the National Assembly for
non-Muslim representatives to protect minority rights.

Amendments made in the constitution:

The Constitution may be amended by a two-thirds majority in both the houses of the bicameral
Parliament (Senate and the National Assembly).

As of 2019, 25 amendments have been made to the Constitution. Among the most important
of these are the Eighth (1985) and Seventeenth Amendments (2004), which changed the
government from a parliamentary system to a semi-presidential system. By far the largest change
to the Constitution was the Eighteenth Amendment made in 2010 which reversed these expansions
of presidential powers, returning the government to a parliamentary republic, and also defined any
attempt to subvert, abrogate, or suspend the constitution as an act of high treason.

The latest of these amendments, the Twenty-Fifth amendment incorporated the

former Federally Administered Tribal Areas into the province of Khyber Pakhtunkhwa.