Federal Structure of 1956 Constitution of Pakistan

Federal Form of Constitution

The Federal Government another basic feature was the federal form of the
Constitution, following the decision In 1949. Although the solitary voice of
the independent member, Fazlur Rahman, could be heard in the second
Constituent Assembly in favour of a unitary form of government, the 1956
Constitution embodied all the characteristics of a federation: a written
Constitution, dual polity, distribution of powers between the national and
provincial governments, and a Supreme Court.

Characteristics of Federal Structure

This federal structure was similar, in many respects, to that provided under
the Government of India Act, 1935 which introduced a federal Constitution in
undivided India. Federalism in Pakistan had to make room for self-expression
and self-support for the units.

(1) Decentralization

The process of decentralization, therefore, was allowed under the 1956

Constitution to an extent which was unusual with other new federal
constitutions.

Distribution of Legislative Powers

In 1956 constitution , decentralization was made possible through the

distribution of legislative powers between the centre and the provinces, the
powers were exhaustively enumerated in three lists—federal, provincial and
concurrent, as in the Government of India Act, 1935.

(1)Federal List

The extent of federal law was extended to the whole or any part of Pakistan
including powers to make laws with extra territorial operations. Parliament
was given exclusive power to make laws concerning thirty items in the
federal list, including:

- Foreign affairs

- Defence

- Currency
- Citizenship

- Foreign and inter-provincial trade and commerce

- Insurance and corporations set up by the federation

- Industries owned wholly or partially by the federation

- Posts and all forms of telecommunications

- Minerals, oil, and gas

Provincial List

The provincial list was most comprehensive and included ninety-four items,
and 48 in draft constitution of first constituent assembly. These items such
as:

- Public order

- Administration of justice

- Police

- Land

- Agriculture

- Local government

- Education

- Public health

- Sanitation

- Industries and corporations subject to the federal lists

- Factories

- Regulation of mines and mineral development

- Forests

- Electricity

The most important addition to the provincial list was railways which
continued to be under central control at the time of the abrogation of the
constitution in 1958.

Concurrent List
The concurrent list was smallest and justified on the ground that there are
only certain matters comes under the domain of both provincial and federal
concern. These were nineteen items, such as:

- Civil and criminal law

- Scientific and industrial research

- Price control

- Economic and social planning

- Inter-provincial migration and quarantine

- Trade union

- Other matters of common interest

Precedence in federal legislation

With regard to subjects in the concurrent list, the precedence of federal

legislation was guaranteed. So the constitution provided priority of Federal
legislative power over provincial one applicable in the concurrent list.

Residuary Powers

The question whether residuary powers should be vested in the federal or in

provincial authorities had produced lengthy discussions and controversies in
the constituent Assemblies of Pakistan but under the 1956 Constitution
residuary power was vested with the provincial legislatures which were to
have exclusive power to make laws with respect to any matter not
enumerated in the federal, provincial and concurrent list.

Federal Structure of 1956 Constitution of Pakistan: International Affairs and

Dispute Resolution

International Affairs

The federal government was fully equipped for the conduct of international
affairs. Key aspects include:

- Parliament authorized to implement treaties with laws

- Treaties can reach and control matters normally within provincial powers

- Parliament can make laws for implementing treaties, agreements, or

conventions, even if they deal with provincial matters

Dispute Resolution
Disputes between governments were to be resolved through a tribunal
appointed by the Chief Justice of Pakistan. The process involves:

- Chief Justice assigns a tribunal to settle disputes between:

- Federal government and one or both provincial governments

- Two provincial governments

- Tribunal’s report submitted to Chief Justice, who forwards it to President

- President makes orders to give effect to the report, which must be followed
by provinces

Inter-Provincial Council

The President had the authority to set up an inter-provincial council to:

- Investigate and discuss subjects of common interest

- Facilitate cooperation between the federation and provinces

However, no such council was set up during the duration of the 1956
Constitution.

Federal Legislature’s Power

The federal legislature’s power to make laws was defined, with specific
provisions for:

- No provision for federal legislature to make laws in provincial matters on

grounds of “national interest”

- Two processes for federal legislature to legislate on provincial subjects:

1. Provincial legislature authorizes parliament to make laws

2. Proclamation of emergency, allowing parliament to make laws for a

province on any matter

Emergency Powers

During a proclamation of emergency, parliament was empowered to:

- Make laws for a province with respect to any matter not enumerated in
federal or concurrent lists

- Take necessary actions to address the emergency situation

Federal Legislature (The Parliament)

The federal legislature of Pakistan under the 1956 Constitution was a
unicameral system, consisting of the President and the National Assembly.

Composition of National Assembly

- 300 members, with parity of representation between East and West

Pakistan

- 10 additional seats for women, 5 from East and 5 from West Pakistan, for a
period of 10 years

- Members elected through an electoral system, with the National Assembly

deciding the system after consulting provincial assemblies

Electoral System

- Initially, a joint electorate in East Pakistan and separate electorate in West

Pakistan

- Later changed to joint electorates for the whole country

Qualifications for Voting and Membership

- Citizens 21 years old, resident in constituency for 6 months, and not

declared mentally unsound could vote

- Candidates for election must be 25 years old and qualified to be a voter

Membership and Sessions

- Members could not represent two or more constituencies simultaneously

- Members could lose their seat if absent for 60 consecutive sitting days

- At least two sessions of the National Assembly every year, with one session
in Dhaka, East Pakistan

- President could summon, prorogue, and dissolve the National Assembly on

the advice of the Cabinet

Powers and Procedures

- National Assembly could frame its own rules of procedure

- Decisions made by majority vote, with absolute majority required for

specific cases like impeachment and constitutional amendments

- Members had immunity for speeches and votes in the National Assembly
- Privileges of the National Assembly and its members could be determined
by an Act of parliament

Speaker and Deputy Speaker

- Elected from among National Assembly members

- Could be removed by a resolution passed by a majority of the total

membership

President’s Role

- Could address or send messages to the National Assembly

- Had the power to summon, prorogue, and dissolve the National Assembly
on the advice of the CThe 1956 Constitution of Pakistan outlined a
parliamentary system with robust financial procedures, largely based on the
British and Commonwealth models. Key aspects include ¹ ²:

- *Financial Procedure*:

- *Taxation*: No tax could be levied for federal purposes without an Act of

Parliament.

- *Public Money*: Custody and withdrawal of money from the federal

consolidated fund were regulated by an Act of Parliament.

- *Budget*: Divided into two parts – expenditure charged upon the

consolidated fund (non-votable) and estimated expenditures for various
departments (votable).

- *Expenditures Charged upon Consolidated Fund*:

- Remuneration and pension of the President, judges, and key officials

- Administrative expenses of key institutions (Supreme Court, Federal

Public Service Commission, etc.)

- Debt charges and sums required to satisfy court judgments

- *National Assembly*:

- Normal life of five years, but could be dissolved earlier by the President
on Cabinet’s advice

- Fresh elections within six months of dissolution

- By-elections to be held within three months

- *Checks and Balances*:

- Healthy democratic checks to prevent prolonged rule without parliament

- Ensured expression of public opinion through regular elections and by-

elections ¹

Provincial Governments and Legislatures

The provincial governments and legislatures under the 1956 Constitution

were structured similarly to the national government.

Provincial Assemblies

- Unicameral and directly elected by the people through universal adult

franchise

- Same electoral law as the National Assembly

Relationship between Governor, Chief Minister, and Provincial Assembly

- Similar to the relationship between President, Prime Minister, and National

Assembly

- Governor could appoint and dismiss provincial Cabinet with a similar

procedure to the President

- Provincial Cabinet was collectively responsible to the provincial legislature

- Provincial legislature could be dissolved by the Governor on the advice of

the Cabinet

Central Government’s Influence

- Although not explicitly stated in the Constitution, the Governor continued to

act as an agent of the central government.

Conclusion :

The 1956 Constitution allowed for greater decentralization in legislative

powers between the centre and provinces compared to the Government of
India Act, 1935. However, administrative relations showed a tendency
towards unified control and authority.

The Constitution allowed for a balance between decentralization and unified

control, enabling the federal government to ensure national interests while
utilizing provincial executive machinery for enforcement of federal laws.