Ideology And Constitution of Pakistan
By Naveed Javed
Constitutional development in Pakistan
Constitutional development in Pakistan has been a complex and evolving process since the
country's inception in 1947. The journey has been marked by periods of democratic
governance, military rule, and constitutional amendments. Below is an overview of the key
milestones in Pakistan's constitutional development:
Total Phases: 7
1. Interim Rule (1947–56)
2. 1956 Constitution (1956–58)
3. 1962 Constitution (1962–69)
4. Crisis & Transition (1969–73)
5. 1973 Constitution (1973–present)
6. Martial Law Suspensions (1977, 1999)
7. Democratic Era (2008–present)
Interim Rule in Pakistan (1947–1956): Constitutional Development
After independence in 1947, Pakistan functioned without a permanent constitution for nine
years. During this interim period, the country relied on adapted colonial laws and transitional
governance structures. Here’s a breakdown of key developments:
1. Governing Framework: Government of India Act (1935)
• Adopted as Pakistan’s provisional constitution with modifications.
• Federal parliamentary system with a Governor-General (head of state) and Prime
Minister (head of government).
• Provinces: Punjab, Sindh, NWFP (KP), Balochistan, and East Bengal (later East Pakistan).
Key Issues:
• Dominance of Civil-Military Bureaucracy: Unelected officials held significant power.
• Lack of Democratic Consensus: Disputes between East & West Pakistan over
representation.
2. Objective Resolution (1949)
• Passed by the Constituent Assembly on 12 March 1949 (moved by PM Liaquat Ali Khan).
• Key Principles:
o Sovereignty belongs to Allah Almighty.
o Pakistan shall be an Islamic democratic state.
o Minorities’ rights protected under Islamic principles.
• Significance:
o Foundation for future constitutions (1956, 1962, 1973).
o Later incorporated as the Preamble of all Pakistani constitutions.
3. Delays in Constitution-Making
Reasons for the 9-Year Delay:
1. Power Struggles:
o Conflict between Punjab & East Bengal over representation.
o East Pakistan (55% population) demanded equal seats, but West Pakistan elites
resisted.
2. Early Political Instability:
o Assassination of Liaquat Ali Khan (1951).
o Frequent changes in leadership (6 PMs in 9 years).
3. Disagreements on Federalism & Islam:
o Debate over Islamic vs. secular governance.
o Provincial autonomy vs. central control.
The Constitution of 1956: Pakistan’s First Democratic Framework
The Constitution of 1956 was Pakistan’s first adopted constitution, enacted on March 23, 1956,
after nine years of independence. It marked Pakistan’s transition from a British Dominion to
an Islamic Republic and established a parliamentary democracy. However, it was short-lived,
abrogated in 1958 after General Ayub Khan’s military coup.
The Constitution of 1956—Pakistan's first constitution—consisted of 234 Articles, organized
into 13 Parts and 6 Schedules. Here’s a detailed breakdown:
Structure of the 1956 Constitution:
1. Part I: The Republic of Pakistan (Articles 1–6)
2. Part II: Fundamental Rights (Articles 7–25)
3. Part III: Directive Principles of State Policy (Articles 26–32)
4. Part IV: The Federation (Articles 33–96)
5. Part V: Provincial Provisions (Articles 97–131)
6. Part VI: Judiciary (Articles 132–159)
7. Part VII: Elections (Articles 160–165)
8. Part VIII: Auditor-General & Public Services (Articles 166–177)
9. Part IX: Emergency Provisions (Articles 178–184)
10. Part X: Amendment of the Constitution (Articles 185–187)
11. Part XI: Miscellaneous (Articles 188–208)
12. Part XII: Temporary & Transitional Provisions (Articles 209–230)
13. Part XIII: Short Title & Commencement (Articles 231–234)
Key Schedules (6 Total):
1. First Schedule: Laws immune from Fundamental Rights challenges.
2. Second Schedule: Oaths of office.
3. Third Schedule: Federal, Provincial, and Concurrent Legislative Lists.
4. Fourth Schedule: Salaries of high officials.
5. Fifth Schedule: Transitional measures.
6. Sixth Schedule: Procedure for constitutional amendments.
Notable Articles:
• Article 1: Declared Pakistan an "Islamic Republic."
• Article 23–25: Guaranteed Fundamental Rights (equality, freedom of speech, religion).
• Article 40: Established a parliamentary system with a Prime Minister as head of
government.
• Article 185: Required a 2/3 majority in Parliament for amendments.
1. Background & Need for the 1956 Constitution
• Pakistan had been governed under the Government of India Act (1935) with
modifications since 1947.
• Political instability, disagreements between East and West Pakistan, and debates
over Islam’s role in governance delayed constitution-making.
• The Objective Resolution (1949) laid the ideological foundation but did not provide a
legal framework.
• Finally, after multiple assemblies and negotiations, the 1956 Constitution was passed.
2. Key Features of the 1956 Constitution
A. Islamic Provisions
• Declared Pakistan an "Islamic Republic" (first time in history).
• Stated that no law would violate Islamic principles (though enforcement mechanisms
were weak).
• Created an Advisory Council of Islamic Ideology to review laws (but with no binding
power).
B. Federal Structure
• Established a federation of two provinces: East Pakistan & West Pakistan.
• Provided provincial autonomy, but the central government retained strong control.
• One-Unit Scheme (1955): Merged all West Pakistani provinces into a single unit to
counterbalance East Pakistan’s population advantage.
C. Parliamentary Democracy
• Adopted a British-style parliamentary system with:
o A Prime Minister (head of government).
o A President (ceremonial head of state, but later gained more power).
• Universal suffrage (voting rights for all adults).
D. Fundamental Rights
• Guaranteed equality, freedom of speech, religion, and property rights.
• However, these rights could be suspended during emergencies.
E. Language Controversy
• Recognized Urdu and Bengali as national languages, but tensions persisted.
3. Why Did the 1956 Constitution Fail?
A. Political Instability
• Frequent changes in leadership (four Prime Ministers in two years).
• East-West Rivalry: East Pakistan (55% of population) felt marginalized in governance.
B. Weak Implementation of Islamic Provisions
• Islamic clauses were symbolic; no real Sharia enforcement.
• Secular elites and religious leaders both found it unsatisfactory.
C. Military-Bureaucratic Intervention
• Civil-military bureaucracy (especially from Punjab) resisted democratic transition.
• General Ayub Khan’s Coup (1958): Abrogated the constitution, imposed martial law.
D. One-Unit System Backlash
• Smaller provinces (Sindh, NWFP, Balochistan) resented domination by Punjab.
