INTRODUCTION TO THE CONSTITUTION OF PAKISTAN
DEFINITION AND IMPORTANCE OF CONSTITUTION
IDEOLOGICAL FACTORS THAT SHAPED THE CONTITUTION
OF PAKISTAN (OBJECTIVE RESOLUTION 1949)
OVERVIEW OF CONSTITUTIONAL DEVELOPMENTS IN
PAKISTAN
Introduction to the Constitution of Pakistan
A constitution is a fundamental legal document that serves as the backbone of a
nation’s governance system. It defines the structure, functions, and powers of the
government while ensuring the protection of fundamental rights and liberties of
citizens. The constitution is the supreme law of the land, providing guidelines for
the administration of the state and maintaining stability within society. It
determines the relationship between the state and its people and sets the legal
framework for policymaking, law enforcement, and judicial decisions.
The importance of a constitution lies in its ability to ensure political stability, rule
of law, protection of rights, and national unity. The constitution provides
mechanisms for conflict resolution, ensures the peaceful transition of power, and
upholds the sovereignty of the nation. In a diverse country like Pakistan, where
different ethnic, linguistic, and religious groups coexist, the constitution plays a
crucial role in maintaining national integrity and harmony.
Ideological Factors That Shaped the Constitution of Pakistan
The constitutional development of Pakistan has been influenced by its ideological
foundation “Two-Nation Theory”, which emphasized that Muslims and Hindus
were two separate nations. This ideology shaped the constitutional principles of
the newly formed state, ensuring that the governance system reflected the
aspirations of its people.
One of the most important ideological documents in Pakistan’s constitutional
history is the Objective Resolution of 1949. This resolution established the basic
principles for Pakistan’s future constitutional framework and provided guidelines
for the development of the country’s legal system.
The Objective Resolution (March 12, 1949)
The Objective Resolution was presented by Liaquat Ali Khan in the Constituent
Assembly of Pakistan on March 12, 1949. It was a landmark document that laid
the foundation for Pakistan’s Islamic and democratic identity. The resolution was
later incorporated into all three of Pakistan’s constitutions (1956, 1962, and 1973)
and became a substantive part of the Constitution of 1973 through the Eighth
Amendment in 1985.
The key features of the Objective Resolution include:
1. Sovereignty Belongs to Allah – The resolution declared that sovereignty
over the entire universe belongs to Almighty Allah, and the state would
exercise authority within the limits prescribed by Islam.
2. Islamic Democracy and Social Justice – It emphasized that Pakistan would
be governed according to Islamic principles, ensuring justice, equality, and
democracy.
3. Fundamental Rights – The resolution guaranteed freedom of speech,
religion, association, press, and equality before the law for all citizens,
including non-Muslims.
4. Independence of the Judiciary – It stressed the need for an independent
judiciary to ensure justice and the protection of rights.
5. Promotion of Islamic Values – The state was tasked with enabling
Muslims to live their lives according to the teachings of Islam while
ensuring the rights and freedoms of religious minorities.
The Objective Resolution served as the ideological cornerstone of Pakistan’s
constitutional development. It ensured that Pakistan would remain an Islamic
republic, where laws and governance would be aligned with Islamic values while
maintaining democratic principles and safeguarding the rights of all citizens.
Overview of the Constitutional Development in Pakistan
Since independence in 1947, Pakistan has experienced a complex constitutional
journey marked by political instability, military interventions, and ideological
debates. The country has had three major constitutions, each reflecting different
governance models and evolving legal frameworks.
1. The Constitution of 1956
After nine years, Pakistan adopted its first constitution on March 23, 1956. This
constitution formally declared Pakistan as an Islamic Republic. It established a
parliamentary system of government and introduced a unicameral legislature.
However, political instability and a lack of leadership led to its downfall. In 1958,
President Iskander Mirza abrogated the constitution and declared martial law.
Shortly after, General Ayub Khan took over and dismissed Iskander Mirza,
marking the beginning of Pakistan’s military rule.
2. The Constitution of 1962
General Ayub Khan introduced a new constitution on June 8, 1962, which
replaced the parliamentary system with a presidential system, granting vast
powers to the President. The title "Islamic Republic" was initially removed but
later reinstated in 1963. This constitution was criticized for being undemocratic, as
its concentrated power in the hands of a single ruler.
The growing dissatisfaction with Ayub Khan’s rule led to mass protests, forcing
him to resign in 1969. General Yahya Khan then took over and imposed martial
law, effectively nullifying the 1962 Constitution.
3. The Constitution of 1973 (Current Constitution)
The Constitution of 1973 was adopted on August 14, 1973, under Zulfikar Ali
Bhutto’s leadership. It remains the supreme law of Pakistan today and has
undergone several amendments over the years.
The key features of the Constitution of 1973 include:
1. Islamic Republic – Pakistan was reaffirmed as an Islamic Republic, where
all laws would conform to Islamic teachings.
2. Parliamentary System – A bicameral legislature was introduced,
consisting of the National Assembly and the Senate.
3. Fundamental Rights – The constitution guaranteed freedom of religion,
speech, press, and equality before the law.
4. Judicial Independence – The judiciary was given the authority to interpret
laws and protect fundamental rights.
5. Provincial Autonomy – Greater autonomy was given to provinces to ensure
better governance.
The 1973 Constitution has been amended multiple times to adapt to changing
political and social dynamics. The Eighteenth Amendment (2010), for example,
restored parliamentary democracy, reduced presidential powers, and enhanced
provincial autonomy.
Challenges in Constitutional Development
Pakistan’s constitutional journey has faced numerous challenges, including:
1. Frequent Military Interventions – The country has experienced four
military coups (1958, 1969, 1977, and 1999), disrupting constitutional rule.
2. Civil-Military Imbalance – The military has played a dominant role in
politics, leading to constitutional amendments that have shifted power
between civilian and military rulers.
3. Judicial Compromises – The judiciary has often been used to legitimize
military rule, weakening democratic institutions.
4. Ethnic and Provincial Tensions – The demand for greater provincial
autonomy has led to conflicts, particularly in Balochistan, Sindh, and
Khyber Pakhtunkhwa.
5. Religious and Secular Divide – The debate over Pakistan’s Islamic vs.
secular identity has shaped its constitutional amendments and governance.
Conclusion
Pakistan’s constitutional development has been a continuous struggle between
democracy and authoritarianism. From the Objective Resolution of 1949 to the
Constitution of 1973, Pakistan has sought to establish a governance system that
reflects its Islamic and democratic ideals. While challenges such as military
interventions, judicial compromises, and ethnic tensions persist, the constitution
remains a living document, evolving to meet the nation’s needs.
To ensure political stability, economic progress, and social justice, Pakistan
must strengthen constitutional democracy, uphold the rule of law, and ensure
the protection of fundamental rights for all its citizens.
Salient Features of the 1956 Constitution:
1. Islamic Republic: For the first time, Pakistan was officially named the
Islamic Republic of Pakistan.
2. Parliamentary System: It introduced a parliamentary form of
government, where the Prime Minister was the executive head.
3. Unicameral Legislature: A unicameral National Assembly was
established, with equal representation for East and West Pakistan.
4. President as Head of State: The President was to act as a ceremonial head
of state, elected by the legislature.
5. Fundamental Rights: The constitution guaranteed fundamental rights
such as freedom of speech, religion, and equality before the law.
6. Islamic Provisions: It ensured that no law would be passed against the
teachings of Islam and set up an Islamic advisory council.
7. Independent Judiciary: A Supreme Court was established to safeguard
constitutional matters.
8. Urdu and Bengali as Official Languages: Both languages were declared
official languages of Pakistan.
Salient Features of the 1962 Constitution:
1. Presidential System: This constitution introduced a presidential form of
government where the President was both head of state and government.
2. Strong Executive Powers: The President had the power to appoint
ministers, dissolve the assembly, and declare emergencies.
3. Unicameral Legislature: It had a single legislative body known as the
National Assembly.
4. Indirect Elections: Introduced the Basic Democracies system, where
elected local representatives would elect the President and legislature.
5. Islamic Provisions: Though initially secular in tone, Islamic provisions
were later added under public pressure (e.g., Islam as the state religion).
6. Fundamental Rights (with Restrictions): Some rights were given, but the
President had the authority to suspend them.
7. Centralized Power: The system gave more control to the center and limited
provincial autonomy.
8. No Prime Minister: The office of Prime Minister was abolished to
concentrate authority in the President.
Salient Features of 1973 Constitution
The 1973 Constitution of Pakistan is a landmark document that lays the
foundation of the country’s legal and political system. It was passed by the
National Assembly on 10 April 1973 and came into effect on 14 August 1973.
The Constitution provides a framework for governance and reflects the aspirations
of the people of Pakistan.
Below are the salient features of the 1973 Constitution:
1. Parliamentary Form of Government
The Constitution establishes a parliamentary system
The President is the ceremonial head of state.
The Prime Minister is the head of government and exercises executive
powers.
The Cabinet is collectively responsible to the National Assembly.
2. Federal System
Pakistan is a federation with powers divided between the federal and provincial
governments:
It originally had a Concurrent List, but the 18th Amendment abolished it,
giving more autonomy to provinces.
The Constitution promotes provincial autonomy and ensures equal
representation through the Senate.
3. Islamic Provisions
The Constitution declares Pakistan an Islamic Republic:
Islam is the state religion (Article 2).
Laws must be in conformity with Islamic injunctions.
The Objectives Resolution is part of the Constitution (Article 2A).
4. Fundamental Rights
The Constitution guarantees fundamental rights to all citizens, including:
Right to life, liberty, and security.
Freedom of speech, religion, and assembly.
Equality before law and non-discrimination.
5. Independence of Judiciary
The judiciary is independent and ensures the supremacy of the Constitution:
Supreme Court, High Courts, and lower courts form the judicial structure.
Courts have powers of judicial review to strike down unconstitutional laws.
6. Bicameral Legislature
The Parliament consists of two houses:
National Assembly (based on population).
Senate (equal representation for provinces). This ensures both democratic
and federal principles are upheld.
7. Written and Rigid Constitution
It is a written document with over 280 Articles.
It is rigid in nature — amendments require a two-thirds majority in
Parliament.
8. Role of Armed Forces
Under Article 245, the armed forces are responsible for:
Defending Pakistan against external threats.
Assisting civilian administration when required, under constitutional limits.
9. Minority and Language Rights
The Constitution safeguards the rights of religious and ethnic minorities.
Urdu is the national language, but provincial languages are also
recognized.
10. Amendment Procedure
The Constitution can be amended by a two-thirds majority in both Houses of
Parliament. Important amendments include:
8th Amendment (military rule),
17th Amendment (Musharraf era), and
18th Amendment (restoration of parliamentary democracy).
Conclusion
The 1973 Constitution is the cornerstone of Pakistan’s legal and political structure.
It reflects the country’s Islamic identity, federal character, and democratic
aspirations. Despite facing challenges, it continues to serve as the foundation for
governance in Pakistan.
