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Introduction
Pakistan came into being on 14th August, 1947 after many sacrifices. After Independence of
Pakistan, Pakistan has been governed the Govt of India Act 1935. Constitutional history of
Pakistan is very unfortune. However, first constitutional Assembly has been introduced
Constitution of 1956 after long debates. Constitution of 1956 was enforced on 23 March 1956.
But unfortunately it was abrogated after two years.
Following are Silent Features of Constitution of 1956:
1. Written Constitution
Constitution of 1956 was a written and lengthy document. It had 234 Articles and 6
Schedules.
2. Rigid Constitution
The Constitution of 1956 was partly rigid and Party flexible. The method of Amendment
was not difficult.
3. Preamble
Objective Resolution was included as Preamble of Constitution of 1956.
4. Name of Country
Constitution of 1956 declared Pakistan as Islamic Republic of Pakistan.
5. National Language
Under constitution of 1956, Urdu and Bengali were made national Languages.
6. State Religion
Islam shall be the state religion of Pakistan.
7. Islamic Provisions
Many Islamic Provisions were introduced in constitution of 1956. The most important
Islamic provision was that no law will be made which against the injunction of Islam.
The head of the state, the President was to be a Muslim.
8. Fundamental Rights Protected
The fundamental rights of the citizens were protected by the constitution.
i. Rights of Man
ii. Equality before law
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iii. Protection against Retrospective offences or punishment
iv. Safeguard as to arrest and detention
v. Freedom of speech
vi. Freedom of the assembly
vii. Freedom of movement
viii. Freedom of trade and business
ix. Right of Education
x. Freedom of profess religion
9. Uni-cameral Legislature
Constitution of 1956 was provided uni-cameral legislature which was based on just
National Assembly. National Assembly consisting 300 members’ one half from East
Pakistan and one half from West Pakistan. Ten seats were for women equally five from
each Pakistan.
10. Federal System
Federal system was introduced in the country under the constitution of 1956. The
executive powers were given to the federal and federating units were also given the
powers.
11. Parliamentary Form of Govt
Constitution of 1956 was introduced parliamentary form of Govt.
12. Freedom of Judiciary
Freedom of Judiciary was introduced in constitution of 1956. It was decided that
Supreme Court would interpret the constitution.
13. Direct Election
In the Constitution of 1956 method of direct election was introduced. Election would be
on the basis of adult franchise. Every citizen of Pakistan obtaining the age of the 21 years
can cast vote.
14. Directive Principles of the State Policy
The constitution laid down certain Directive principles of State policy for the Guidance
of the Government. They would serve simply as ideals which the state should strive to
achieve.
Unity among the Muslims should prevail and the government should take
satisfactory attempts.
State shall take the attempts to abolish the illiteracy.
Safeguard rights of minorities for attempts be taken by the government.
15. Lengthy Constitution
The constitution of 1956 was a lengthy one. The reason for its being lengthy was that the
framer not only framed the fundamental principles but administrative details were also
given.
The constitution carrying one preamble 234 articles, and was divided into 13 parts and 6
schedules.
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Conclusion
To conclude, it can be stated that constitution history of Pakistan reveals that there has been
political conflict between head of state and head of government, and such political conflict has
often led the country to political anarchy. And Constitution of Pakistan have been either
abrogated or suspended in such political anarchy. As far as constitution of 1956 was concerned,
it consisted of some positive characteristics, but such political anarchy caused its abrogation.
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Introduction
Pakistan came into being 1947 after many sacrifices. After independence of Pakistan, Pakistan
has been governed the Government of India Act 1935. Constitution history of Pakistan is very
unfortune. For Example, its second constitution was enforced in 1962, but it ended 1969 when
martial law imposed. The 1962 constitution was drafted by a team appointed by Ayub Khan. All
work was done secretly and then all of sudden constitution was enforce in the country.
Constitution of 1962
The constitution of 1962 was enforced on June 8, 1962. This constitution was forcibly given to
the people.
Following are the salient Features of the Constitution 1962:
1. Preamble
Objective Resolution was adopted as Preamble of the Constitution of 1962.
2. Written Constitution
Constitution of 1962 was a written document. It consisted of 5 Schedules and 250
Articles.
3. Rigid Constitution
Constitution of 1962 was a rigid constitution; procedure to amend this constitution was
complicated. Any amendment to this constitution required not only at least 2/3 majority
of Parliament but also authentication from President.
4. Name of the Country
Constitution of 1962 was declared Pakistan as Democratic Islamic Republic of Pakistan.
5. National Language
Under constitution of 1962, Urdu and Bengali were introduced as National Languages.
6. Islamic Provisions
Many Islamic Provisions was introduced in constitution of 1962 and decided that no law
will be made which against the injunction of Islam.
7. Unicameral Legislature
Constitution of 1962 was provided unicameral legislature which was based on just
National Assembly.
8. Presidential Form of Govt
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Constitution of 1962 introduced Presidential form of Govt. The President would be head
of the state. The election of the president and members of National and Provincial
Assemblies would be indirect. No bill would be introduced without the consent of the
President.
9. Freedom of Judiciary
Freedom of Judiciary was introduced that supreme Court would interpret the constitution.
10. Fundamental Rights
The constitution of 1962 grants certain fundamental rights to the citizens of Pakistan.
These are basic human rights which cannot be taken away even by legislation in normal
circumstances.
i. Rights of Man
ii. Equity before law
iii. Protection against Retrospective offences or punishment
iv. Safeguard as to arrest and detention
v. Freedom of speech
vi. Freedom of the assembly
vii. Freedom of movement
viii. Freedom of trade and business
ix. Right of Education
x. Freedom of profess religion
11. Advisory Council of Islamic Ideology
The constitution of 1962 provided for the establishment of Islamic Ideology Council.
Members of the advisory council were from the 5 to 12 and were appointed by the
President for the term of three years.
Advisory Council was responsible to bring existing laws in accordance of the injunction
of the Islam and managing the organizations and Islamic Research Institutes.
12. Provincial Governors
The provincial governors were to be appointed by the President. He was known as the head
of the province and given the protection against the in respect of the legal proceedings. He
was not responsible to any court.
13. Rule of Law
The constitution also provided equal protection of law to all and no person can be deprived
of life saves in accordance with law.
14. Amendment
Bill which is passed by the assembly to be produced before the President and for passing it
2/3rd majority of the total members of the National Assembly was required.
15. Powers of President
Under constitution of 1962, President was really powerful. He could exercise all the
executive authority. All ministers were accountable to him alone. President not only
appointed provincial Governors, but also appointed all important officials. President also
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possessed certain legislative, military and judicial powers. Even he had power to issue an
ordinance and to veto legislation.
Conclusion
To conclude, it can be stated that constitutional history of Pakistan reveals that there has been a
political conflict between its main political parties to gain power in one way or other way, and
such political conflict has often led the country to political anarchy. And constitutions of
Pakistan have been either abrogated or suspended in such political anarchy. As far as constitution
of 1962 was concerned, initially nation always considered it as a gift from a dictator, and, later
on, such political anarchy caused its suspension and replacement by constitution of 1973.
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Background
The 1973 constitution was the first achievement of Bhutto Government. After taking control of
the government in 1971, Z.A. Bhutto started work on democratic constitution for the country. On
17th April 1972 the National Assembly constituted a committee to prepare a draft constitution.
The committee worked hard and prepared the draft of the constitution, which was presented to
the leaders on 20th October 1972. All the leaders signed the draft. After that it was discussed and
debated in the National Assembly which gave its approval on 10th April 1973. The president
gave his assent on 12th April 1973. Finally the Senate approved the constitution in August 1973.
Consequently the constitution was enforced in the country on 14 th August 1973. According to the
constitution of 1973 Mr. Z.A. Bhutto looks over as the 10 th Prime Minister and Mr. Fazl-e-Elahi
was sworn in as the President of Pakistan.
Introduction
The constitution of 1973 is strikingly different from the earlier Constitution of 1956 and 1962.
The constitution was parliamentary in nature. President was to be the Head of the State. The
Head of the Government according to the constitution was the Prime Minister. The Prime
Minister and his cabinet was accountable to the National Assembly for their actions. The
majority of the National Assembly would elect the Prime Minister. The President was to be
elected by a joint sitting of members of the parliament. The president was to act on the advice of
the Prime Minister of Pakistan. The constitution of 1973 has been in force for nearly 43 years, It
was however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the
country on July5, 1979.
Salient Features of 1973 Constitution
The Constitution of 1973 is strikingly different from the earlier Constitution of 1956 and 1962. It
has the following salient features:
1. Official Name
Pakistan shall be known as "Islamic Republic of Pakistan."
2. Written Constitution
Like the previous constitutions of 1956 and 1962 the Constitution of 1973 is a written
document. It is very comprehensive and consists of twelve parts consisting of 280 articles.
3. Introductory and the Objectives Resolution
It commences with an introductory which states the Islam shall be state religion. The
principles and provisions set out in the Objectives Resolution have been made substantive
part of the constitution.
4. Islamic System
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The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented
Islamic character. It ensures an Islamic system in the country.
5. Rigid Constitution
It is a rigid constitution. No Government can change it at will. It is not easy to make
amendments in it. Two-third majority of both the Houses is required for this purpose.
6. Federal System
The Constitution of 1973 has introduced a Federal system in the country. The federation of
Pakistan consists of a Central Government and four Provincial Governments. The Federal
Government is headed by a President elected by members of Majlis-e-Shoora (Parliament)
7. Parliamentary form of Government
The 1973 Constitution proposes a Parliamentary form of Government in the country. Prime
minister is the head of the Parliamentary system. He is leader of the Majlis-e-Shoora
(Parliamentary). He is elected on direct adult franchise basis. The Prime Minister selects a
cabinet of central ministers from the members of Parliament which conducts the affairs of
the country. According to 1973 Constitution the Prime Minister enjoys wide powers.
8. Bicameral Legislature
The Constitution provides for the establishment of a bicameral legislature in Pakistan. The
Majlis-e-Shoora (Parliament) consists of two Houses named Senate and National
Assembly. The Senate or the Upper House consists of 63 members (the 8th Amendment
has raised this number to 87). The National Assembly consists of 200 members (Now this
number has been raised to 207). The Majlis-e-Shoora enjoys wide powers of legislature.
9. Direct Method of Election
The Constitution of 1973 gives a direct method of election. The members of the National
Assembly, the Provincial Assemblies are directly elected by the people.
10. Fundamental Rights
The 1973 Constitution ensures the following fundamental rights to the citizens of Pakistan.
Security of person
Safeguard against unlawful arrest and detention
Prohibition of slavery and forced labor
Freedom of movement
Freedom of assembly
Freedom of association
Freedom of business
Freedom of speech
Freedom of profess religion
Right to hold property
Equality before law
Right to preserve language, script and culture
Safeguard against discrimination in services.
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11. Independence of Judiciary
The Constitution of 1973 stresses upon the establishment of an independent judiciary. Full
job security has been provided. The judges are appointed by the President. They cannot be
removed from service before the end of their term except on the recommendation of the
Supreme Judicial Council. In addition the Judges are paid respectable salaries.
12. National Language
The 1973 Constitution has declared Urdu as the national language of Pakistan. However
English has been retained as the official language for 15 years. Similarly regional
languages have been provided full protection.
13. Rule of Law
The 1973 Constitution establishes rule of law in Pakistan. According to rule of law no
person can be deprived of his fundamental rights. All the citizens of Pakistan are equal
before law.
14. High Treason
According to the Constitution of 1973 the act of unconstitutional abrogation of the
Constitution has been declared as an act of High Treason.
15. Referendum
The Constitution of 1973 has authorized the President to hold Referendum on any national
issue. Similarly the Prime Minister can ask the President to hold referendum on any
important national issue.
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Objectives Resolution is one of the most important documents in the constitutional history of
Pakistan. It was passed by the first Constituent Assembly on 12th March 1949 under the leadership
of Liaquat Ali Khan. The Objectives Resolution is one of the most important and illuminating
documents in the constitutional history of Pakistan. It laid down the objectives on which the future
constitution of the country was to be based and it proved to be the foundational stone of the
constitutional development in Pakistan. The most significant thing was that it contained the basic
principles of both Islamic political system and Western Democracy. Its importance can be
ascertained from the fact that it served as preamble for the constitution of 1956, 1962 and 1973 and
ultimately became the part of the Constitution when the Eighth Amendment in the Constitution of
1973 was passed in 1985. Constitutional history of Pakistan opened with objective Resolution. It
was the first constitutional document of Pakistan. It provided foundation or base of constitution
development in Pakistan. Later on, it was included in Preamble of all three constitutions of
Pakistan. Now it is part of Constitution of Pakistan 1973.
Objective Resolution was presented in the Constituent Assembly by Liaquat Ali Khan on March 7,
1949 and was debated for five days by the members from both the treasury and opposition
benches. The resolution was ultimately passed by Khuwaja Nazim-ud-din on March 12.
Following were the main features of the Objectives Resolution:
Sovereignty
It has been decide in Objective Resolution that sovereignty over the entire universe belongs to
Almighty Allah alone.
Federal form of government
It has been settled that Pakistan shall be a federation. There should be Federal form of government
with the maximum autonomy for the Units.
Freedom of Parliament
Parliament can make any kind of amendment in the light of Islamic teachings.
Democratic Principles
The principles of democracy should be enacted in the state for the development purpose, because
democracy is the only way to be developed and compete with the world.
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Golden principles of Islam
Principles of democracy, freedom, equality, tolerance and social justice, as inshore by Islam
should be followed.
Subjugation to Islamic principles
Muslims shall be enabled to organize their lives in accordance with the teachings and requirements
of Islam as set out in the Quran and the Sunnah.
Fundamental Rights
Objective Resolution has provided guarantee for fundamental rights for people of Pakistan and it
has decided that no Law, which is against the Fundamental Rights, will be made. Fundamental
rights including equality of status, of opportunity and before law, social, economic and political
justice, and freedom of thought, expression, belief, faith, worship and association, subject to law
and public morality should be given to all the citizens of the state.
Equal Rights to Citizens
All citizens will enjoy their rights on the principle of equality. All will be having the same rights as
Muslims are having… All people will be equal under one flag of Pakistan.
Independence of Judiciary
Objective Resolution has admitted that judiciary will remain independent for providing of justice
easily. Independence of judiciary should be guaranteed.
Development of Backward Areas
It was declared that development of Backward Areas of Pakistan will be made soon. All efforts
will be made for the development and progress of the under developed areas.
Defense of Pakistan
It was declared that defense of the country will be made strong. Integrity of the territory and
sovereignty of the country was to be safeguarded.
Religious freedom of Minorities
All minorities shall be given religions freedom. They have right to live according to the teaching
of their religion. Minorities will have freedom to freely profess and practice their religions and
develop their cultures.
Welfare State
Objective Resolution has decided that Pakistan will be a welfare state, which will work for
prosperity of its own people and for promotion of international peace.
Territories of Pakistan
The objective resolution also provides the territories of Pakistan. The following territories include
in Pakistan.
• The Punjab
• The Baluchistan
• The Sindh
• The N.W.F.P
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Islamic way of Life
Efforts will be made to adopt Islamic way of life in the country and opportunities will be provided
to Muslims to live according to the teaching of Islam.
Conclusion
To conclude that Objective Resolutions provided basic principles for constitution making. In the
Islamic Republic of Pakistan, it was passed by the majority in the Assembly. It is in accordance
with the spirit of Islam. The constitution 1973 of Pakistan also adopted it as preamble. But through
amendment in 1985, it become a substantive part of constitution in Article 2-A.
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1956 Constitution 1962 Constitution 1973 Constitution
Constitution-making
Enforced on August 14, 1973 till
Enforced on 23rd March Enforced on June 8, 1962 to
now.
1956 to October 7, 1958. March 25, 1969.
280 Articles and 12
234 Articles and 6 Schedules 250 Articles and 5 Schedules
Schedules
Written Constitution Written Constitution
Written Constitution
Form of Government
Constitution of 1956 Constitution of 1962 Constitution of 1973 introduced
introduced parliamentary introduced presidential parliamentary form of
form of Government. form of Government. Government.
Referendum
The Constitution of 1973 has
Constitution of 1962
authorized President to hold
Constitution of 1956 introduced an institution
Referendum on any national
introduced no institution. known as referendum in the
issue.
country.
PM any important issue.
Method of Election
Constitution of 1956 Constitution of 1962 Constitution of 1973
introduced direct election. introduced indirect election. introduced direct method.
Islamic Institutions
Constitution of 1962
introduced two Islamic Council of Islamic Ideology
There was no such institute institutions i.e. advisory Federal Shariat Court
in the constitution of 1956. council of Islamic ideology Principles of policy----Islamic
and Islamic research clauses
institutions.
Executive Powers
PM exercised all executive
Most of the executive Most of the executive
authority:
powers were exercised by powers vested in the
Power to dissolve NA.
the prime minister under president under the 1962
Power of appointment of
the Constitution of 1956. Constitution.
caretaker PM.
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assent to bills passed by the
parliament or returns these.
List of Subjects
Constitution of 1956 contains Two lists are given in the
Constitution of 1962
three lists of subjects i.e. constitution: Federal list and
provided only two list of
federal, provincial and Concurrent list
subjects i.e. central and
concurrent matter. Residuary powers belong to
provincial.
provinces.
Presidential Powers
In the Constitution of 1956 Under the constitution of In the constitution of 1973
the powers were 1962 President had great the powers were
reasonable. power. reasonable.
Supreme Judicial Council
Supreme Court----highest
court.
There was no such institution Constitution of 1962 One High Court----in each
in the introduced a new institution province
Constitution of 1956. supreme judicial council. one in Azad Kashmir
Chain of lower courts----
under the High Courts.
House of Parliament
One house of Parliament---- Two houses named Senate
Unicameral----NA
National Assembly and National Assembly
Fundamental Rights
Ensures the fundamental Ensures the fundamental
Civil and Political Rights----
rights to the citizens of rights to the citizens of
suspended in emergency. Pakistan. Pakistan.
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