PAKISTAN STUDIES – XII (AKUEB)

Chapter 2: Constitutional Development in Pakistan

Topic (2.1): Concept of Constitution

Concept of Constitution:
 After tribal people first began to live in cities and establish nations, many of them
developed autocratic, even tyrannical monarchs, who ruled by decree, or mere personal
whim.
 Such rules led some thinkers to take the position that what mattered was not the design of
governmental institutions and operations, as much as the character of the rulers. The
concept of a city-state ruled by philosophers is first studied by Plato (428 BCE), who
called it rule by "philosopher-kings" (whom political skill is combined with philosophical
knowledge).
 Plato's ideal and just state is an aristocracy, the rule of the best. He believed leaders
needed to be wise and trained in how to run a state, just as captains of ships are trained in
how to run a ship.
 Aristotle (350 BCE) was the first to make a formal distinction between ordinary law and
constitutional law. The most basic definition he used to describe a constitution in general
terms was "the arrangement of the offices in a state".
 The Romans initially codified their constitution in 450 BC as the Twelve Tables. They
operated under a series of laws that were added from time to time.
 The Edicts of Ashoka (268 to 232 BCE) established constitutional principles for the
Mauryan king's rule in India.
 The Edicts of Ashoka are a collection of more than thirty inscriptions on pillars, boulders,
and cave walls, made by Emperor Ashoka of the Mauryan Empire during his reign, from
268 BCE to 232 BCE.

Modern Constitution
 In 1634 the Kingdom of Sweden adopted the 1634 Instrument of Government, drawn up
under the Chancellor of Sweden.
 It can be seen as the first written constitution adopted by a modern state.

 The English Protectorate that was set up by Oliver Cromwell (1639 to 1653) promulgated
the first detailed written constitution adopted by a modern state.

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Constitution:
 A constitution is the rule book for a state. It sets out the fundamental principles by which
the state is governed.
 It describes the main institutions of the state and defines the relationship between these
institutions (for example, between the executive, legislature and judiciary).

 The term constitution comes through French from the Latin word “Constitutus” used for
regulations and orders.
 Most constitutions are divided and sub-divided into parts that may variously be known as
titles, chapters, articles, sections, paragraphs, or clauses.

The layout of a typical constitution might resemble the following:

 Preamble:
o A statement of the principal motives and goals of the constitution-making
exercise, sometimes referring to important historical events, national identity or
values.
o The preamble of constitution of Pakistan is “Sovereignty over the entire Universe
belongs to Almighty Allah alone, and the authority to be exercised by the people
of Pakistan within the limits prescribed by Him is a sacred trust.”

 Preliminaries:
A declaration of basic principles of government; the name and territory of the state;
citizenship, state ideology, values or objectives.

 Fundamental rights:
A list of rights, including their applicability, enforcement, limitations, suspension or
restriction during a state of emergency.
 Social and economic rights or policy directives.

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 Parliament or legislature:
Its structure, composition, terms of office, privileges, procedures, etc.

 Head of state:
The method of selection, powers, terms of office.

 Government:
Government formation rules, responsibility, powers.
(in a parliamentary or semi-presidential system):

 Judiciary:
Court system, judicial appointments, judicial independence, public prosecutors.

 Sub-national government:
Federal or transferred powers, local government.

 Institutions of the integrity branch:

Electoral commission, Ombudsman, Audit institution, etc).

 Security sector:
Commander-in-chief, any restrictions on military power.

 Other miscellaneous provisions:

Special provisions for particular groups, language laws, particular institution, etc.

 Amendment procedures.

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 Structure of the Constitution of Pakistan:
The Constitution of Pakistan consists of 280 articles divided into 7 the following Parts:
I. Introductory
II. Fundamental Rights and Principles of Policy
III. The Federation of Pakistan
IV. Provinces
V. Relations Between Federation and Provinces
VI. Finance, Property, Contracts and Suits (filing of a complaint or petition)
VII. The Judicature (the administration of justice)
VIII. Elections

Describe the importance of the Constitution for a State

 Constitutions can declare and define the boundaries of the political community. These
boundaries can be territorial or the geographical borders of a state.
 Constitutions can declare and define the nature and authority of the political community.
 They often declare the state’s fundamental principles and assumptions, as well as where
its sovereignty lies.
 Constitutions may define the national flag, anthem and other symbols, and may make
proclamations about the values, history and identity of the nation.
 Constitutions can declare and define the rights and duties of citizens. At a minimum,
these will include the basic civil liberties that are necessary for an open and democratic
society (e.g., the freedoms of thought, speech, association and assembly, rights of
minority communities.
 Constitutions can establish and regulate the political institutions (legislative, executive,
and judicial) defining their composition, powers and functions; and regulating the
relations between them.
 It is almost universal for constitutions to establish legislative, executive, and judicial
branches of government.
 Institutions have to ensure the integrity of the political process (such as an electoral
commission), and institutions to ensure the accountability and transparency of those in
power (such as auditors, a court of accounts, a human rights commission or an
ombudsman).
 The institutional provisions typically provide mechanisms for the democratic allocation
and peaceful transfer of power (e.g. elections) and mechanisms for the restraint and
removal of those who abuse power or who have lost the confidence of the people (e.g.
impeachment procedures).
 Constitutions can divide or share power between different layers of government such as
provinces, regions or other sub-state communities.
 Constitutions can declare the official religious identity of the state and demarcate
relationships between sacred and secular authorities.
 Constitutions can commit states to particular social, economic or developmental goals.

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 Topic (2.2): Constitutional History of Pakistan

 Objective Resolution (1949)

 1956 Constitution
 1962 Constitution
 1973 Constitution

The key ideas of the speech delivered by Mohammad Ali Jinnah to

the Constituent Assembly on 11th August 1947:
Constituent Assembly of Pakistan met for the first time on 11th August 1947 under the
presidency of Muhammad Ali Jinnah, the founder of Pakistan. Mr. Jinnah’s addressed this first
meeting which is considered pivotal as this speech presents what the new Muslim state, Pakistan,
should like in the future.

Muhammad Ali Jinnah’s key ideas in his speech to the First Constituent Assembly of Pakistan
were as follows:

1. Maintenance of law and order

The first and foremost thing Jinnah emphasized in his speech was the maintenance of law and
order. He urged the assembly to realize this responsibility as the first duty and exercise all
powers to maintain law and order to ensure the protection of life, property, and religious beliefs
of the citizens.

2. End bribery and corruption

The second most important thing that Jinnah emphasized was to do away with bribery and
corruption. He asked the assembly to take stringent (tough) measures to put down the menace
(danger) of bribery and corruption.

3. Tackling black-marketing

Jinnah was very much concerned with the curse of black marketing and considered it a colossal
(enormous) crime against humanity causing a disturbance in the control and regulation system of
foodstuffs and essential commodities, wholesale starvation, and even deaths. He advised the
assembly to put measures in advance in order to check the monster.

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4. Nepotism and Jobbery

Jinnah in his speech talked about the evil of nepotism and jobbery emphasizing of the members
of the assembly to crush it relentlessly (harsh). He made it clear that he wouldn’t tolerate any
kind of jobbery, nepotism or influence directly or indirectly brought to bear upon him.

5. Time will prove that Partition was the only solution

Jinnah referred to both pro and anti-partition views and said yes there were people who
supported partition and there were people who opposed partition. To him, the partition was
inevitable as he thought a united India would have led to terrific disaster. He left it on the test on
time to decide whether the partition was necessary or not.

6. Urge on working for making Pakistan a strong nation

Jinnah urged residents of the new country to bury the hatchet (unfriendly) and work in
cooperation as one people. He emphasized the show of exemplary unity by standing above all
types of discrimination. To him, it was the only way to make Pakistan one of the great nations of
the world.

7. Religious freedom and same and equal status of citizenship

Jinnah in his speech categorically stated that as a citizen of the state people will enjoy the same
and equal status. They will enjoy equal rights, privileges, and obligations. He made it clear that
the citizens would not be discriminated against on the basis of religion. People will enjoy
practicing their religion and faith. Creed, caste, and religion would have nothing to do with the
business of the state.

Key Features of the Objective Resolution:

The first step towards the framing of Constitution was taken by Constituent Assembly in March
1949 when it passed a Resolution on the “Aims and Objectives of the Constitution”, popularly
known as the Objective Resolution. The Constituent Assembly had set up 25 members, Basic
Principles Committee, to decide the principles on which the new constitution should be based.
The main features of the Objective Resolution were:

1) The Constitution would be based on the principles of democracy, freedom, equality,

tolerance and social justice as enunciated by Islam.

2) All measures would be applied to enable the Muslims to live according to the teachings
of Islam.

3) The religious minorities would be free to practice and profess their religions freely.

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 4) Protection would be provided to minorities against social injustice.

5) Fundamental rights would be guaranteed.

6) The legal system would be independent of government control.

Significance of Objective Resolution (1949) in the Constitutional

development of Pakistan.
 Liaquat Ali Khan explained the context of the resolution in his speech delivered in the
Constituent Assembly on March 7, 1949.
 He termed Objectives Resolution as “the most important occasion in the life of this
country, next in importance only to the achievement of independence.’.
 He said that we as Muslim believed that authority vested in Allah Almighty, and it should
be exercised in accordance with the standards laid down in Islam.
 He added that this preamble (foreword) had made it clear that authority would be
exercised by the chosen persons, which is the essence of democracy.
 It emphasized the principles of democracy, freedom, equality, tolerance, and social
justice and it says that these should be part of the future constitution.
 After a great debate finally, the resolution was adopted by the Constituent Assembly on
March 12, 1949. Liaquat Ali Khan also assured the minorities that they will get all the
fundamental rights in Pakistan once the constitution based on the Objectives Resolution
will be enforced.
 The Objectives Resolution was included in the Constitutions of 1956, 1962 and 1973.

Factors which delayed the constitution-making process in the initial

years of Pakistan.
Disagreements over parity of representation:

 The first move towards constitution making of Pakistan was the approval of Objective
Resolution by the Constituent Assembly on 12 March 1949.

 Although Objective Resolution contained references to Islam, but it was criticized by the
religious Ulema for not making Pakistan fully an Islamic State.

 The Basic Principles Committee recommended Bi-cameral legislature with equal powers.
The President was to be elected by the joint session of the two houses. It also suggested
that Urdu should be the official language of Pakistan. These proposals were strongly
opposed by the assembly members from East Pakistan.

 East Pakistan representatives felt deprived of less representation in the Central

government. They also demanded to make Bengali the national language. This causes a
deadlock in the constitutional making process.

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  After the sad demise of Quaid-e-Azam in 1948, Muslim League fell victim to intrigue
and disunity and with the death of Liaquat Ali Khan in 1951, bureaucrats made inroads to
the power corridors.

 A bureaucrat, Malik Ghulam Muhammad was made the Governor General who dismissed
elected prime minister, the constituent assembly thus also paving the path for retires and
in-service military personnel in the politics.

 Four Prime Ministers changed two years after 1956 during Governor General Iskandar
Mirza’s government.

 West Pakistani politician, bureaucrats and generals could not provide East Pakistan their
due political and democratic rights. Hence any proposals made concerning the
constitution seemed to go against the wishes and expectations of East Pakistan creating
disagreements in the constituent assembly.

Salient features of 1956 Constitution:

Pakistan’s first constitution was enacted by the Constituent Assembly in 1956.

The Constitution consists of 234 Articles divided into 13 parts and 6 schedules.

 The Constitution defined the role of Islam; Pakistan was to be a Federation of Four
Provinces and shall be known as the Islamic Republic of Pakistan; introduction of check
and balances, separation of powers, and provided the federal system under which the
government should govern.

 The constitution could be modified or amended through a process requiring the

amendment to be passed by at least a two-thirds majority of the parliament.
 The constitution of 1956 allowed all One House as National Parliament. Distributed
powers between the center and provinces and Prime Minister to serve as real
executive authority of the state.

The constitution of Pakistan is federal:

1. Islamic Republic of Pakistan:

The name of the country was adopted as the Islamic Republic of Pakistan.

2. Objectives Resolution:

The objective resolution was included as a preamble of the constitution.

3. Federal System:

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The constitution provides for a federal system in the country. Powers was divided between the
center and the provinces.

4. Unicameral Legislature:

The legislature would consist of a single house. Both the wings of the country were given
representation in the National Assembly. The National Assembly consisted of 300 members,150
members were drawn from each wing.

5. Parliamentary System:

Parliamentary system was adopted, according to it the President was the head of state and the
Prime Minister the head of government.

6. The President:

Required to be a Muslim of at least forty years of age. The tenure of his office was five years. In
case of internal or external danger he could declare a state of emergency in the country. He was
authorized to appoint the Governors, the Judges of the Supreme Court, Auditor General and the
Advocate General.

(An advocate general of a state is a senior officer of the law. In some common law and hybrid
jurisdictions the officer performs the function of a legal advisor to the government)

(Auditor General oversight over the raising and utilization of public financial resources)

7. The Prime Minister:

The Prime Minister was to be the leader of the Parliamentary group and was thus indirectly
elected by the people. He could choose his cabinet from the members of the National Assembly;
the cabinet was answerable to the Assembly.

8. Provincial Autonomy:

Curtailed (reduced) in the constitution to a great extent.

9. Islamic Law:

No law would be passed against the teachings of the Quran and Sunnah.

10. Independent Judiciary:

An independent judiciary in the country. The Supreme Court interpreted the constitution, advise
the state whenever required and decide the issues whenever required.

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11. Fundamental Rights:

Includes freedom of movement, freedom of speech and expression, freedom to choose profession
and freedom to profess religion. Right to life, liberty, and property.

12. Language:

Urdu & Bengali were declared as the national languages of Pakistan.

Reasons that led to the failure of 1956 Constitution:

 The Constituent Assembly passed the Constitution bill on 29th February 1956.

 The Constitution formulators tried to satisfy the people of both wings East and West
Pakistan. However, it was a compromise between the two most important political parties
the Muslim League and the United Front.

 Bengali was accepted as the national language along with Urdu, but East Pakistanis felt
deprive over the issue of equal representation

 The constitution of 1956 had no consensus on the amendment procedure in the

constitution.

 There was political unrest in the country.

 Four Prime Ministers changed two years after 1956 during Governor General Iskandar
Mirza’s government.

 Prime Minister Chaudhry Muhammad Ali resigned. Hussain Shaheed Suhrawardy a

politician from East Pakistan felt working like a puppet prime minister under Iskandar
Mirza and was replaced by Ibrahim Ismail Chundrigar. Ibrahim Ismail Chundrigar also
had a collection of politicians with different views and could not run the government
effectively. Next prime minister Feroz Khan Noon also had more divided members in his
cabinet.

 Governor General Iskandar Mirza then found himself in a very difficult position. His rule
became unpopular.

 The 1956 Constitution had been introduced with the promise of election in 1957, but
Iskandar Mirza didn’t call this as he knew he would lose.

 Mirza had lost the support of many politicians. He was also alarmed at a plan by
Suhrawardy to unite the political leadership of Bengal and Punjab against him.

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  Finally, on 7 October 1958 Iskandar Mirza abrogated the Constitution of Pakistan and
declared Martial Law and proclaimed himself as President.
 He asked the Commander-in-Chief of the army, General Ayub Khan to take charge as the
Chief Martial Law Administrator and nominated him to become the new Prime Minister
of Pakistan, charged with administering the country.

 However, on 27th October, Ayub Khan forced Mirza to resign, and he was exiled to
London.

 Pakistan began its first period of military rule.

Salient features of 1962 Constitution:

Pakistan’s second Constitution was announced and enforced by Ayub Khan on 8th June 1962.
Martial Law was lifted from the country. Ayub Khan described it as combining ‘democracy with
discipline.

The 1962 Constitution gave immense powers to President in legislative and executive spheres of
the country. The 1962 Constitution consisted of five schedules and 250 articles.
The preamble of the Constitution of 1962 was based on the Objectives Resolution.

Its main features were:

1. Federal System:

A federal system was introduced in the country. It consisted of a central government and two
provincial government comprising East and West Pakistan.

2. Presidential forum of Government:

President was the head Executive of the nation. He was empowered to nominate the ministers of
his cabinet.

2. Unicameral Legislature:

It was a unicameral system of government with only one house.

3. Indirect Method of Election:

The President was elected by an Electoral College comprising 80,000 Basic Democrats, equally
distributed between the two provinces.

4. Provincial Governments:

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There were two provincial governments. Each of them was headed by a governor. The Governor
was empowered to appoint provincial ministers with the authorisation of the President of
Pakistan.

5. Provincial Legislature:

Each province was provided with a legislature. It originally consisted of 150 members. However,
later on this number was increased to 218.

6. Powers of President:

The President should be a Muslim with the term of 5 years. He was eligible to promulgate
Ordinances and veto against legislated laws only override-able by two/thirds of the National
Assembly. However, the President was not empowered to dissolve the Assembly except the cost
of his office also.

7. Restrictions to the President:

The President was not allowed to hold any office of profit in the service of Pakistan but was not
prevented from holding a managing private property.

8. Islamic Law:

No Law would be passed against the teaching of Quran and Sunnah and the existing laws would
be made Islamic in character.

9. Fundamental Rights:

The constitution of 1962 laid down fundamental rights of speech and expression, freedom to
choose profession and freedom to profess religion. With Regards to civil rights, familiar right
such as the rights of life, livery and property were granted.

10. Role of Judiciary:

The Judiciary was responsible for the interpretation of laws and executive orders in the light of
the principles embodied in a written constitution.

11. Constitutional Amendments:

If an amendment to the constitution is passed by at least two-third majority of the parliament

then it becomes a part of law after authentication by the President.

12. National Language:

Urdu and Bengali were recognized as National Languages.

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Reasons that led to the failure of the 1962 Constitution:
 General Ayub Khan took office on 27 th October 1958 as the first Chief Martial Law
Administrator.

 It was unpopular among the masses. It was seen as ‘One-man Show’.

 The constitution was basically made to suit the political interests and prolong Ayub
Khan’s rule in the country.

 The presidential form of government was introduced against the wishes of people for
parliamentary form of government.

 Unicameral legislature (system of one house) was adopted same as the constitution of
1956.

 Provincial autonomy was curtailed by merging West-Pakistan’s four provinces into One-
Unit.

 General Ayub Khan introduced two controversial ordinances “the Public Offices
(Disqualification) Order (PODO) and the Elective Bodies (Disqualification) Order
(EBDO)” to disqualify dozens of political opponents from holding public office for up to
15 years.

 President could veto any law passed by the parliament, issue and promulgate the
ordinances where required.

 President could also appoint judges to the Supreme Court and High Courts.

 Word “Islamic” was removed from the name of country in this constitution and it was
added after first amendment.

 The constitution of 1962 had no consensus (consent) on the amendment procedure in the
constitution.

 Ayub Khan imposed many restrictions on the political parties. They were not allowed to
express their views and promote their agenda.

 The War of 1965 damaged the economy of the country, and all achievements were
nullified by it.

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  Concentration of wealth widened the gulf between rich and the poor as there were 22
families who controlled the 66% of Pakistan industrial assets and 80% of banking and
insurance sector in the country.

 There was one party rule in the country. The Ayub Khan’s supporting political party
“The Convention Muslim League (CML) was in rule without specific opposition in
assembly.

 General Elections of 1965 were felt as rigged and the nation did not agree upon the defeat
of Mohtarma Fatimah Jinnah.

 Thus, the rule of Ayub Khan became unpopular, Nation turned against Ayub Khan.

 Six Demands of Mujib-ur-Rehman from East Pakistan damaged the reputation of

government and created political unrest in East Pakistan.

 In January 1969, various parties got united and formed the ‘Democratic Action
Committee’ and demanded proper elections, lifting of emergency powers and autonomy
for East Pakistan.

 Ayub Khan tried to control the situation in his favour, but it was too late.

 Basic Democrats also resigned in large numbers and opposition rapidly gained support.

 Finally, on 25 March 1969, President Ayub Khan, resigned from office and invited
commander-in-chief of the army General Yahya Khan to take over control of the country.

Salient features of 1973 Constitution:

The 1973 constitution of Pakistan was adopted on April 12, 1973. This constitution fully
represented the ideology and democratic aspiration of the people of Pakistan. It comprises of 280
Articles. It also contains 6 schedules, which have been divided into 12 parts.

1. Preamble

Preamble means an introductory part of statue; it is not the part of the constitution. It is stated in
it that sovereignty over entire universe belongs to Almighty Allah.

2. National Language and Official Language

Urdu had been declared as National Language of Pakistan, but the official language is English.

3. Federal Form of Government

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It provides federal form of government consisting of four provinces of the central government of
Pakistan.

4. Bi-Cameral Legislature

The Federal Legislature is bi-cameral consisting two houses. Senate (upper house) and National
Assembly (lower House).

5. Parliamentary form of Government

The Constitution provides for Parliamentary form of Government both at the Centre and in the
provinces. Both the Prime Minister and the Chief Ministers are held responsible to the National
and Provincial Assemblies.

6. Direct Elections

It has provided method of direct elections to elect members of National Assembly and Provincial
Assembly.

7. Holding of Referendum

The president of Pakistan is authorized to order for holding a referendum on any issue of national
importance.

8. Fundamental Rights

The Constitution grants and protects the fundamental rights of the citizens of Pakistan. They
include the right to life, property, profession, liberty of thought and expression, freedom of
association, religion, equality of citizens etc. In case of their violation, the affected person may
go to the Courts to seek redress of his grievances.

9. Independence of Judiciary

An Independent Judiciary has been guaranteed to safeguard the fundamental rights of the people.

10. Rights of Minorities

Rights of Minorities have been protected in the 1973 constitution.

11. High Treason

The abrogation of the constitution through unconstitutional means is high treason. It cannot be
abrogated by the use of force.

12. Constitutional Amendments:

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This constitution provides that 2/3 majority of votes of members National Assembly and Senate,
and assent of President of Pakistan are necessary for its amendment

Islamic Provision in 1973 Constitution:

 The official name of the state was declared as "Islamic Republic of Pakistan".

 Islam is declared as the state religion of Pakistan.

 The Constitution of Pakistan defined a Muslim as a person who believes in the unity and
oneness of Allah, in the absolute and unqualified finality of the Prophethood Muhammad
SAW.

 Teachings on Arabic, Quran, and Islamiat was made compulsory in country's institutions.

 President and Prime Minister should be Muslim only.

 Proper organizations of Zakat, Waqf, and mosques is ensured.

 All existing laws shall be brought in conformity with the injunctions of Islam as laid
down in the Quran and Sunnah.

 A Council of Islamic Ideology shall be constituted referred to as the Islamic advisory

council.

Compare the three constitutions of Pakistan in terms of their nature

and features:
 The first constitution was promulgated in 1956, the second in 1962, and the third and
current constitution in 1973.
 The 1956 Constitution lasted only for two years and a few months as the then-president
Iskandar Mirza abrogated it by imposing the first Martial Law in the country. Field
Marshal Ayub Khan after four years of his rule he introduced the 1962 Constitution
which remained enforced till March 1969.
 When Zulfiqar Ali Bhutto came to power in 1971, his government promulgated the 1973
constitution.
 Despite military coups and a number of amendments the 1973 constitution stills act as the
constitution of Pakistan.

Similarities and differences in 1956, 1962, and 1973 Constitution.

 All the three constitutions of 1956, 1962, and 1973 included Objectives Resolution of
1949 as part of the preamble.
 It provided only a Muslim would be the head of the state and the executive.

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  Legislation in alignment with Islamic laws and canceling of laws differing to Islam.
 In the 1956 Constitution; President would be more powerful. He could choose Prime
Minister from the National Assembly. He would also have the power to dismiss PM, the
government, and the assembly.
 The 1956 Constitution provided the parliamentary form of government with a
Unicameral legislature (One house Parliament i.e. National Assembly).
 Urdu and Bengali were declared as National languages. It provided that people will
directly elect members of the national assembly. The minimum age limit for the
president would be 40 years.
 The 1962 Constitution did not provide the post of Prime Minister. It provided the
Presidential form of government. President was all-powerful with the authority to dismiss
the national and provincial assemblies. It provided a unicameral legislature called
National Assembly. Urdu and Bengali were declared as national languages. It provided
that Basic Democrats would act as an electoral college for the election of the president,
the national and provincial assemblies. The minimum age limit for the president would be
35 years.

 In the 1973 Constitution the post of president would be symbolic. President would act
only with the advice of the prime minister. The prime minister would be more powerful
and elected by the national assembly. It also provided a parliamentary form of
government with a two-house parliament consisting of the Senate (upper house) and
National Assembly (Lower House). Only Urdu was declared as the national language of
Pakistan. Provision of the definition of a Muslim was also given in the Constitution. The
1973 constitution provided that people would directly elect members of both national and
provincial assemblies. Islam was declared the official religion of the state. The minimum
age limit for
the President would be 45 years.

Steps taken towards Islamization in Pakistan with reference to 1956,

1962 and 1973 Constitutions:
The three constitutions adopted by Pakistan since its creation in 1947, all declare the state’s
commitment to upholding the principles and values of Islam and to taking all necessary steps to
enable Muslims to lead their lives according to Islamic teachings and requirements.

 The 1956 constitution called for “an Islamic way of life” as a principle of policy.

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  In the 1956 Constitution the only Islamic institution it mandated was “an Organization
for Islamic Research and Instruction”.

 The 1962 constitution replaced the organization for Islamic Research with the “Advisory
Council of Islamic Ideology” to recommend appropriate Islamic laws and policies to the
government and to the legislature.

 It was the 1973 Constitution, as originally formulated, that first declared Islam to be the
state religion.

 The 1973 Constitution also proposed the Council of Islamic Ideology with members from
the superior judiciary as well as Islamic scholars, to act as a bridge between the secular
and Islamic legal values.

 Later, under the Zia regime that the Pakistani legal system became the primary focus of
the Islamization project.

 The year 1979 saw the promulgation of the Enforcement of Hudood Ordinance, the
introduction of additional blasphemy provisions and the creation of Islamic benches in
the superior courts and 1980, the Zakat and Ushr Ordinance and the establishment of the
Federal Shariat Court.
The fundamental rights given in the Constitution of Pakistan 1973:
Fundamental rights refer to the sum of basic rights recognized by the constitution of a country.
They are defined and added in the constitution to protect the rights of the citizens.

The fundamental rights are included in Part (II) Chapter (1) of the Constitution of 1973 which
are given as under:
Article 9: Security of person.
 No person shall be deprived of life or liberty save in accordance with law.

Article 10. Safeguards as to arrest and detention

 No person who is arrested shall be detained in custody without being informed, shall
be produced before a Magistrate with a period of twenty-four hours of his arrest. He
has the right to consult and be defended by a legal practitioner of his choice.
[Magistrate: a civil officer who administers the law]

Article 11. Slavery, forced labour, etc. prohibited.

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  Slavery is non-existent and forbidden and no law shall permit or facilitate its
introduction into Pakistan in any form.
 All forms of forced labour and human trafficking are prohibited.
 No child below the age of fourteen years shall be engaged in any factory or mine or
any other hazardous employment.

Article 12.Protection against retrospective punishment

 No law shall authorize the punishment of a person: -
 for an act or omission that was not punishable by law at the time of the act or
omission; or
 for an offence by a penalty greater than, or of a kind different from, the penalty
prescribed by law for that offence at the time the offence was committed.
[Retrospective: dealing with past events or situations]
[Omission: the action of excluding or leaving out someone or something]
Article 13.Protection against double punishment and self-incrimination.
 No person shall be prosecuted or punished for the same offence more than once.
Article 14.Inviolability of dignity of man, etc.
 The dignity of man and, subject to law, the privacy of home, shall be inviolable.
[inviolable: never to be broken]

Article 15.Freedom of movement, etc.

 All the citizens of Pakistan are free to move, settle and reside in any part of Pakistan.
Article 16.Freedom of assembly.
 Every citizen shall have the right to assemble peacefully and without arms, subject to
any reasonable restrictions imposed by law in the interest of public order.
Article 17. Freedom of association:
 Every citizen shall have the right to form associations or unions, subject to any
reasonable restrictions imposed by law in the interest of sovereignty or integrity of
Pakistan.
Article 18.Freedom of trade, business or profession.
 Every citizen shall have the right to enter upon any lawful profession or occupation,
and to conduct any lawful trade or business.

Article 19.Freedom of speech.

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  Every citizen shall have the right to freedom of speech and expression, and there shall
be freedom of the press, subject to any reasonable restrictions imposed by law in the
interest of the glory of Islam or the integrity, security, or defence of Pakistan.
Article 19A. Right to information:
 Every citizen shall have the right to have access to information in all matters of public
importance subject to regulation and reasonable restrictions imposed by law.

Article 20.Freedom to profess religion and to manage religious institutions.

 Every citizen shall have the right to profess, practice his religion; and every religious
denomination and every sect thereof shall have the right to establish, maintain and
manage its religious institutions.

Article 21. Safeguard against taxation for purposes of any particular religion.
 No citizen of Pakistan shall be compelled to pay any special tax, the proceeds of
which are to be spent on the propagation or maintenance of any religion other than his
own.
Article 22. Safeguards as to educational institutions in respect of religion.
 No citizen of Pakistan attending educational institution shall be required to receive
religious instructions or take part in any religious ceremony or attend religious
worships, if such institution, ceremony or worship relates to religion other than his
own.
\
Article 23.Provision as to property.
 Every citizen shall have the right to acquire, hold and dispose of property in any part
of Pakistan, subject to the Constitution and any reasonable restrictions imposed by
law in the public interest.

Article 24.Protection of property rights.

 No person shall be compulsorily deprived of his property save in accordance with
law.

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 Article 25.Equality of citizens.
 All citizens are equal before law and are entitled to equal protection of law.
Article 25A. Right to education:
 The State shall provide free and compulsory education to all children of the age of
five to sixteen years in such a manner as may be determined by law.
Article 26. Non-discrimination in respect of access to public places.
 There shall be no discrimination against any citizen on the ground only of race,
religion, caste, residence or place of birth with reference to access to public place.
Article 27.Safeguard against discrimination in services.
 No citizen otherwise qualified for appointment in the service of Pakistan shall be
discriminated against in respect of any such appointment on the ground only of race,
religion, caste, residence or place of birth.

Article 28.Preservation of language, script and culture.

 Subject to Article 251, any section of citizens having a distinct language, script or
culture shall have the right to preserve and promote the same and subject to law,
establish institutions for that purpose.

Evaluate the practical implementation of these rights in Pakistan:

Pakistan had been founded on the basis of Islamic ideology. After the independence the
legislature and the government were responsible to form constitution as per the Islamic ideology
and judiciary were responsible to enact the laws in the country to make it an ideological Islamic
state. However, due to various reasons such as conflict over division of power, injustice,
bureaucratic hurdles in Pakistan delayed the constitution making process for nine years.

Although Objective Resolution was the permeable of all the constitution which clearly defines
and based on Islamic and democratic values. In addition, all the Constitution declared Pakistan as
an Islamic Republic, with other articles relevant to Islam but the execution of laws were never
implemented in the country on fair basis. Ulemas and other religious parties also criticised
government several times over this issue.

Early deaths of the founding leaders of Pakistan, Quaid-e-Azam, Liaquat Ali Khan, and removal
of Khawaja Nazimuddin was a huge loss to effectively run the country smoothly later on the
basis of ideology of Pakistan.

Pakistan has faced difficulties in the implementation of fundamental rights. There are many
elements that act as roadblocks on the way towards the realization of these rights. Issues in the

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implementation of basic rights include corruption, terrorism etc. making it difficult to establish
good governance.

The constitution guarantees the treatment of minorities as equal and the same citizens of the
state, but governments in Pakistan have failed in providing them security and protection on many
occasions.

Moreover, the national history has witnessed a ruthless crackdown of political dissent leaving
little space for criticism and discourse. Incidents such as forced disappearances of the socio-
politico activists, academics, and journalists happened in the past may times. Critics get punished
for their criticism of government policies.

Access to education is one of the fundamental rights provided in the constitution. But reports say
2 billion children are out of schools due to poverty, bonded labour and shortage of educational
facilities.

The Constitution also guarantees the elimination of slavery, bonded labour, etc. but still many
people work in rural lands as bonded labour.

In short it can be said that fundamental rights as enshrined in the constitution are not fully
implemented in the country.

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