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Constitution:
“The system of fundamental laws and principles that prescribes the nature, functions, and
limits of a government or another institution.”
The new state of Pakistan after being established on the 14th of August 1947 required a
constitution under which the government could be run and rights and duties of the citizen
could be determined. A constitution could not be made in single day; therefore, the
Government of India Act of 1935 became, with certain adaptations, the working
constitution of Pakistan. However, the Quaid's aim was the establishment of a truly
Islamic society. As a result, a Constituent Assembly was set up under the Independence
Act. The Constituent Assembly had a dual purpose; to draft the constitution of Pakistan
and to act as a legislative body till the new constitution was passed and enforced.
The main features of the Act of 1935 were:
1. The Governor General remained the head of the central administration and
enjoyed wide powers concerning administration, legislation and finance. No
finance bill could be placed in the Central Legislature without the consent of the
Governor General.
2. The Federal Legislature was to consist of two houses, the Council of State (Upper
House) and the Federal Assembly (Lower House).
3. The Central Legislature had the right to pass any bill, but the bill required the
approval of the Governor General before it became Law. On the other hand
Governor General had the power to frame ordinances.
4. The provinces were given autonomy with respect to subjects delegated to them.
5. Separate electorates were continued as before.
6. The Federal Court was established in the Center.
1. Sovereignty belongs to Allah alone 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.
2. The State shall exercise its powers and authority through the chosen representatives of the
people.
4. 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 Holy Quran and Sunnah.
5. Adequate provision shall be made for the minorities to freely profess and practice their
religions and develop their cultures.
6. Pakistan shall be a federation.
The importance of this document lies in the fact that it combines the good features of
Western and Islamic democracy. It is a happy blend of modernism and Islam. The
Objectives Resolution became a part of the constitution of Pakistan in 1985 under the
Eighth Amendment.
Constitutional Development
After the adoption of the Objectives Resolution the Constitutional Assembly formed a
committee and it was entrusted with the responsibility of framing a detailed document
about the basic principles of the future constitution. These principles were to be framed,
obviously, in the light of the principles enshrined in the Objectives Resolution. This
committee, which was called the Basic Principle Committee, submitted its First Report
after year. The report was so bitterly criticized and condemned throughout the country.
After thirty months a Second Report was presented. The final Report was based on a
Mediatory Formula also known as Mohammad Ali Formula brought forward by
Mohammad Ali Bogra. Its consideration was twice postponed and it was as late as
September 1954 that the Basic Principles Committee Report was adopted by the
Constituent Assembly and the Committee was converted into a Drafting Committee. The
report envisaged the following:
• A bi-cameral legislature.
• The upper house was to have a total of 50 members.
• The lower house was to consist of 300 members.
The assembly, however, failed to proceed with the constitution making task. Differences
between the Governor General and the assembly developed. In October 1954, the
assembly was dissolved by the Governor General on the alleged grounds of inactivity,
incompetence, corruption and misdeeds. The decree of the dissolution of the First
Constituent Assembly by Governor General was challenged by its Speaker in the Chief
Court and later in the Federal Court. The Federal Court, however, advised the Governor
General to form a new constituent assembly immediately. The elections for the second
assembly were held in June 1955. The assembly met in July. By passing the One Unit Act
it removed the greatest hurdle in the way of constitution making. The task of constitution
making was taken up at a high speed and the constitution was finally passed in February
1956.
The Constitution of 1956 provided for the parliamentary form of government, where real
executive authority was vested in a cabinet, collectively responsible to the legislature.
The cabinet was presided over by the Prime Minister. The Constitution declared that
there would be only one house of parliament known as the National Assembly and
equality between the two Wings (i.e. East Pakistan and West Pakistan) was maintained in
it. The Governor General was replaced by a President, who was to be elected by an
Electoral College comprising of members of the National Assembly and Provincial
Assembly.
Familiar democratic rights and freedoms such as freedom of speech and expression, of
assembly and association, of movement and of profession were all provided in the
Constitution, with the usual qualifications. With regards to civil rights, familiar rights
such as rights of life, liberty and property were granted, again with the usual
qualifications and safeguards. The judiciary was given power to enforce the fundamental
rights and the courts were to decide if a law was repugnant to any provisions of the
fundamental rights.
The important features of 1956 constitution are:
1. Parliamentary System:
Executive authority vested in the President who vested it on the advice of the Prime
Minister except in the matters he had discretion. President had ceremonial functions and
exercised limited powers. President was to be elected by National assemblies and
Provincial assemblies. The president would be 45 years of age, Muslim and qualified
member of National assembly.
• Prime Minister:
Prime Minister would be appointed by President. President could not remove him unless
he was sure that PM did not enjoy the support of National assembly. Prime Minister was
the head of government assisted by cabinet.
National Assembly was the only house of the parliament having the membership of 300
plus 10 women seats. All legislative powers rested in National assembly. President could
return, reject or sign the bills.
2. Federal System:
The constitution provided three lists: Federal, Provincial and Concurrent. There were
two provinces in the federation of Pakistan.
4. Provincial Structure:
At the provincial level there were elected assembly. The Parliamentary System
under nominal headship of Governor. The real powers were given to Chief
Minister and his cabinet.
5. Independent Judiciary:
At the centre level the highest court was the Supreme Court, and then higher
courts in the provinces and subordinate courts were established.
6. Fundamental Rights:
Civil and political rights were given to the people of Pakistan but they could
be suspended in case of emergency.
7. Directive Principles of State Policy:
These principles provided guidelines for policy making but these principles
did not have the force of law.
Ayub Khan introduced a new system of local government; he named this the system of
Basic Democracies. Eighty thousand persons were known as the Basic Democracies
members were elected from both provinces. On February 1, 1960, General Mohammad
Ayub Khan secured a mandate from BD members authorizing him to enact a new
constitution in the country. The new constitution was drafted not by a representative body
but by a body of experts appointed by the Field Martial himself. This body, known as the
Constitution Commission, was supposed to work under the guidance of the President.
The constitution was proclaimed on March 1, 1962 but it came into force on June8, 1962.
1. Presidential System:
The parliamentary system introduced under 1956 constitution was replaced with
Presidential system under the 1962 constitution. All the executive authority was
vested in the President . Office of the Prime Minister was abolished.
2. Powers Of President:
The president was to be the chief executive officer and head of the state. He was free
to nominate members of his cabinet and the two provincial governors. The cabinet
members and the governors were made answerable only to President. They could
retain their offices during his pleasure and could be dismissed by him at any time
without assigning a reason.
4. Uni-Cameral Legislature:
A uni-cameral legislature was provided at the centre. It was to be called the National
Assembly of Pakistan.
8. Fundamental Rights:
The original document of the constitution did not contain a chapter on or list of
fundamental human rights. In November 1963, however, as a result of strong public
protest, a list of fundamental rights was included in constitution. It was a very
comprehensive list guaranteeing almost all fundamental human rights to the citizens.
The Constitution Bill was first moved in the Assembly on the February 2, 1973. The
opposition parties had a lot of reservations on the draft constitution, they decided to
boycott the Assembly session. The government was inclined to accommodate the
opposition. After long deliberations an agreement was arrived at and the bill was adopted
almost unanimously, 135 voted in favour and only three abstained. On April12, 1973, the
President ratified the bill. Mr. Zulfiqar Ali Bhutto, who had ratified the bill as the
President, was elected Prime Minister by the National Assembly on August 12, 1973. The
Constitution was promulgated on August 14, 1973.
1. Parliamentary System:
It was a parliamentary system with a very powerful Prime Minister as a head of
government. President must act on the advice of Prime Minister. Prime Minister was
to be elected by National assembly.
2. Bi-Chambered Legislature:
The federal Parliament will have two chambers, i.e. the National assembly or the
Lower House and the Senate, the Upper House. The National Assembly will be
elected on the basis of universal adult franchise. All the provinces shall have equal
presentation in the Senate. Members of the Senate shall be elected indirectly.
3. System of Election:
Contrary to the 1962 constitution, 1973 constitution stipulates a direct system of
election. These elections of the National and Provincial Assemblies shall be directly
held on the basis of universal adult franchise. All citizens of Pakistan who have
attained the age of 21 shall have the right to vote.
5. Abrogation of Constitution:
The act or attempt of abrogating this constitution shall be considered an act of high
treason. Parliament shall determine penalty for the culprit.
7. Fundamental Rights:
All fundamental rights of the citizens shall be guaranteed provided ‘reasonable
restrictions imposed by law’ are observed in their exercise.
8. Official Language:
Urdu will be the official language of country.
• For the first time, the Constitution of Pakistan gave definition of a Muslim which
states: 'Muslim' means a person who believes in the unity and oneness of
Almighty Allah, in the absolute and finality of the Prophet hood of Mohammad
[PBUH],
• The state shall endeavor to strengthen the bonds of unity among Muslim
countries.
It amended Articles 1, 8, 17, 61, 101, 193, 199, 200, 209, 212, 250, 260 and 272, and the
First Schedule of the Constitution of Pakistan.
The amendment to Article 1 redefined the boundaries of Pakistan and removed references
to East Pakistan after the recognition of Bangladesh by Pakistan.
Second Amendment to the Constitution of Pakistan
The Second Amendment to the Constitution of Pakistan declared the status of Qadianis
and Ahmadis as minority. This amendment was adopted on September 7, 1974.
It widen the scope of restriction on the High Courts to take away from them even the
power to enforce the grant of fundamental rights conferred by Chapter (1) Part II of
the Constitution. It was made on September 5, 1976.
It provided that Chief Justice of Supreme Court will be retired at the age of 65 and a
High Court at 62.National Assembly adopted this amendment on December 22,1976.
The Seventh Amendment to the Constitution of Pakistan was made in 1977 to hold
referendum by the President of Pakistan.
(2) Notwithstanding anything contained in clause (2) of Article 48, the President may
also dissolve the National Assembly in his discretion where, in his opinion,
(a) a vote of no-confidence having been passed against the Prime Minister, no other
member of the National Assembly is likely to command the confidence of the majority of
the member’s of the National Assembly in accordance with the provisions of the
Constitution, as ascertained in a session of the National Assembly summoned for the
purpose; or
(b) a situation has arisen in which the Government of the Federation cannot be carried on
in accordance with the provisions of the Constitution and an appeal to the electorate is
necessary.
Article 58 2(b), which granted the discretionary power to dissolve the National Assembly
mentioned in the previous section, was invoked three times in the 1990s - by President
Ghulam Ishaq Khan against Prime Minister Benazir Bhutto on August 6, 1990, by
President Ghulam Ishaq Khan against Prime Minister Nawaz Sharif in 1993 and by
President Farooq Ahmad Khan Leghari against Prime Minister Benazir Bhutto in
November 1996. In the second instance, Prime Minister Nawaz Sharif was reinstated as
Prime Minister by the Supreme Court, but the resulting stalemate ended with the
resignations of both Ghulam Ishaq Khan and Prime Minister Nawaz Sharif. The use of
Article 58 2(b) was almost exclusively justified by the President as necessary, for the
removal of corrupt governments that, it was asserted, had lost the confidence of the
people. Elections were held each time that caused the ruling party to lose its majority or
plurality in the National Assembly.
In 1997, the Thirteenth Amendment was passed, stripping the President of the power to
dissolve the National Assembly and call for new elections, effectively reducing the
Presidency to a ceremonial figurehead.
Pakistan's democracy provides no means for the people to directly recall members of
Parliament before the end of their terms. Consequently, the Thirteenth and Fourteenth
Amendments had the effect of removing the institutional Checks and Balances on the
Prime Minister's power, by giving him or her immunity from being legally dismissed.
The power of the President's office was partially restored by the Seventeenth
Amendment. The power to dissolve the National Assembly and dismiss the Prime
Minister is now subject to Supreme Court approval.
This amendment made many changes to Pakistan's constitution. Many of these changes
dealt with the office of the President and the reversal of the effects of the Thirteenth
Amendment. Summarized here are brief descriptions of the major points.
References:
www.wikipedia.com
www.google.com
www.scribd.com
www.pak.gov
www.pakistanconstition-law.com
www.paksearch.com