6th Lecture Complete Notes
Constitutional History of Pakistan from 1947-1956
The constitutional history of Pakistan from 1947 to 1956 is a complex tale of struggle,
political instability, and attempts to build a coherent constitutional framework in a newly
formed state. The period marks an era of constitutional experimentation, political
challenges, and the shaping of Pakistan’s governance structure, all of which were influenced
by the nascent state’s struggle to reconcile its democratic ideals with Islamic principles.
Below is a detailed chronological account of Pakistan’s constitutional history from 1947 to
1956.
1. Creation of Pakistan and Initial Constitutional Setup (1947)
August 14, 1947: Pakistan was created as an independent state following the
Partition of British India. The founding of Pakistan was premised on the idea of
providing Muslims a separate homeland, free from the Hindu-majority governance in
India.
Governor-General’s Role: Pakistan did not have its own constitution at the time of
independence. Instead, it operated under the Government of India Act 1935. This
act served as the interim constitution, and the head of state was the Governor-
General (a role held by Lord Mountbatten until Pakistan's first Governor-General,
Muhammad Ali Jinnah, assumed office in August 1947).
The Governor-General wielded significant executive powers, while the Prime
Minister was responsible for the day-to-day administration. However, the absence
of a permanent constitution led to challenges in defining the power structure and
legal framework.
2. The Government of India Act 1935 as Interim Constitution (1947-1956)
The Role of the Government of India Act 1935: Since Pakistan did not have its own
constitution at the outset, the Government of India Act 1935 served as the interim
constitution for the new state. This Act was essentially a British colonial law and
provided for a federal system with a bicameral legislature consisting of a Legislative
Assembly and a Council of States.
Adaptation of the Act: The Act was modified to suit the conditions of Pakistan,
which included the Islamic framework for governance. However, despite these
modifications, it continued to rely heavily on the provisions of the British-era
framework, leading to tension over the lack of a locally conceived, indigenous
constitution.
3. The Death of Muhammad Ali Jinnah and Political Instability (1948-1951)
Jinnah’s Death (1948): The sudden death of Muhammad Ali Jinnah, Pakistan’s
founding father, in September 1948 left a power vacuum and political instability in
the country. His death triggered a period of leadership crises, as there was no clear
successor to lead the nation.
Liaquat Ali Khan’s Leadership: After Jinnah’s death, Liaquat Ali Khan became
Pakistan's first Prime Minister. He served from 1947 until his assassination in 1951.
His tenure was marked by efforts to establish Pakistan's identity as a democratic
Islamic state, but his assassination compounded Pakistan’s political instability and
left the country without strong leadership.
4. The Constituent Assembly of Pakistan (1947-1954)
Formation of the Constituent Assembly (1947): Upon independence, the
Constituent Assembly of Pakistan was formed in August 1947, with the
responsibility of drafting a constitution. This Assembly, composed of members
elected by provincial assemblies, faced significant challenges in its task, due in part
to the lack of experience and the political fragmentation within Pakistan’s
leadership.
Inability to Draft a Constitution: Despite several attempts, the Constituent Assembly
failed to formulate a comprehensive constitution. Political disagreements, especially
over the structure of governance, the role of Islam in the state, and regional
representation, led to repeated delays in the constitution-making process.
5. The Objectives Resolution (1949)
Adoption of the Objectives Resolution (1949): One of the most significant
developments in Pakistan’s constitutional history during this period was the
adoption of the Objectives Resolution in 1949. The resolution, introduced by
Liaquat Ali Khan, sought to outline the guiding principles for the future constitution.
It declared that:
o Sovereignty would rest with Allah, and the country would be governed in
accordance with Islamic principles.
o Democracy and social justice were essential values, but they would operate
within an Islamic framework.
o This resolution became a foundational document for Pakistan's future
constitutions and strongly influenced the development of Pakistan's legal and
political systems.
6. The First Constituent Assembly and its Dissolution (1954)
The First Constituent Assembly (1947-1954): The first Constituent Assembly was
tasked with drafting the constitution. However, it faced political turmoil and a lack of
consensus on key issues. Among these issues were:
o The structure of the state (whether Pakistan should be a unitary or federal
state).
o The role of Islamic law in the state’s governance.
o The language issue, with tension over the status of Urdu versus regional
languages.
Dissolution of the Constituent Assembly (1954): After years of stalemate, Governor-
General Ghulam Mohammad dissolved the Constituent Assembly in 1954, arguing
that the Assembly had failed to deliver a constitution in a reasonable time frame.
This action was controversial and led to political unrest.
7. The Second Constituent Assembly (1954-1956)
Reformation of the Constituent Assembly: Following the dissolution of the first
Assembly, Ghulam Mohammad sought to reconstitute the Constituent Assembly by
re-electing members to a second Assembly in 1954. This Assembly was tasked with
drafting the constitution for Pakistan, and its efforts culminated in the Constitution
of 1956.
8. The Constitution of 1956: The First Constitution of Pakistan
Adoption of the Constitution of 1956: After years of political instability, the
Constitution of Pakistan was finally adopted on March 23, 1956. It marked the
formal establishment of Pakistan as an Islamic Republic.
o Structure: The 1956 Constitution created a parliamentary system of
government, with the Prime Minister as the head of government and a
ceremonial President as the head of state.
o Islamic Republic: The constitution formally declared Pakistan as an Islamic
Republic, embedding Islamic principles into its governance system.
o Fundamental Rights: The Constitution enshrined fundamental rights,
including the rights to freedom of speech, equality before the law, and
protection against discrimination. However, these rights were subject to
limitations based on Islamic law.
o Bicameral Legislature: The 1956 Constitution created a bicameral legislature
consisting of the National Assembly (lower house) and the Senate (upper
house). It gave the National Assembly the power to elect the Prime Minister,
while the President was a ceremonial figurehead with limited executive
power.
o Religious and Regional Considerations: The constitution also included
provisions to reflect Pakistan’s diverse cultural and religious composition.
However, it did not resolve all issues regarding the role of regional languages
and autonomy for provinces.
9. The End of the 1956 Constitution
Short-lived Constitution: The 1956 Constitution remained in effect for a brief period
before being abrogated in 1958 by General Ayub Khan, who came to power
following a military coup. The political instability that plagued Pakistan throughout
this period contributed to the military’s eventual intervention in politics.
The Constitution of 1956 of Pakistan
The Constitution of 1956 was Pakistan's first formal constitution and came into effect on
March 23, 1956. It transformed Pakistan from a Dominion under British rule into an Islamic
Republic and laid the foundation for its parliamentary system of governance. Though short-
lived, it is a landmark in Pakistan’s constitutional history. Below are the complete facts and
figures related to this Constitution:
Statistics and Facts:
1. Adopted On: March 23, 1956
2. Came into effect: March 23, 1956
3. Total Articles: 234
4. Provinces Representation:
o West Pakistan: 150 seats in the National Assembly
o East Pakistan: 150 seats in the National Assembly
o Five seats were reserved for women for each of the two wings,
for a period of ten years: thus, bringing the total membership
of the House to 310.
5. Council of Islamic Ideology: Established to advise on the conformity of laws with
Islamic principles
6. Fundamental Rights: Enshrined in the Constitution, including the right to freedom
of speech, religion, and property
7. President: Ceremonial role; elected by the National Assembly and Provincial
assemblies
8. Prime Minister: Executive head of the government; had the majority support in the
National Assembly
9. Duration: The Constitution lasted for 2 years, from March 23, 1956 to October 7,
1958, when it was abrogated by General Ayub Khan following a military coup.
Background:
1. Context:
o Pakistan gained independence on August 14, 1947, but it did not have a
permanent constitution and was initially governed under the Government of
India Act, 1935, as a temporary measure.
o The first Constituent Assembly (formed in 1947) failed to create a
constitution due to political instability and disagreements over key issues,
including the nature of the government and the distribution of power between
East and West Pakistan.
2. Formation of the Second Constituent Assembly:
o In 1954, the First Constituent Assembly was dissolved, and a new Second
Constituent Assembly was formed in 1955. This new Assembly was tasked
with drafting a new constitution.
o The Constitutional Assembly of 1956 finally drafted Pakistan's first formal
constitution after years of political turmoil and struggles between the
provinces of East Pakistan (now Bangladesh) and West Pakistan.
3. Adoption of the Constitution:
o The Constitution of 1956 was officially adopted on March 23, 1956, which
coincided with Pakistan Day, the day commemorating the Lahore Resolution
of 1940, marking Pakistan’s demand for independence.
o The Constitution came into effect on the same day and established Pakistan as
the Islamic Republic of Pakistan.
Key Features of the 1956 Constitution:
1. Official Name of the State:
o "Islamic Republic of Pakistan": The Constitution formally declared Pakistan
as an Islamic Republic, recognizing Islam as the guiding principle for the
state and its governance.
2. Form of Government:
o Parliamentary Democracy: The Constitution established a parliamentary
system of government, with the Prime Minister as the head of government
and the President as the ceremonial head of state.
3. The President:
o The President of Pakistan was to be elected indirectly by the National
Assembly (lower house of Parliament) for a 5-year term. The President had
largely ceremonial powers, and executive authority rested with the Prime
Minister.
o The first President under the Constitution was Iskander Mirza.
4. The Prime Minister:
o The Prime Minister was the head of government and held the real executive
powers in Pakistan.
o The Prime Minister was appointed by the President but had to have the
support of the majority in the National Assembly.
5. Parliament:
o The Parliament of Pakistan was unicameral, consisting of one house:
National Assembly (Lower House): Directly elected by the people and
responsible for passing laws, as well as overseeing the executive
branch.
o The National Assembly had 310 members.
150 members were elected from West Pakistan.
150 members were elected from East Pakistan.
10 seats were reserved for women members from both sides
6. Federal System of Government:
o Pakistan was organized as a federation, with power divided between the
central government and the provinces.
o The Central Government had exclusive powers in defense, foreign affairs,
and national policy, while the provinces retained powers over education,
health, and local administration.
7. Council of Islamic Ideology (CII):
o The Council of Islamic Ideology was created to advise the government on
whether proposed laws were in accordance with Islamic principles.
o The council was tasked with making sure that Pakistan's legal system was
consistent with Islamic teachings.
8. Fundamental Rights:
o The Constitution contained a list of Fundamental Rights aimed at
guaranteeing the rights and freedoms of individuals. These included:
Freedom of speech, freedom of religion, freedom of assembly, and
freedom of the press.
Right to property and right to a fair trial.
Protection of religious minorities: The Constitution guaranteed the
protection of the rights of religious minorities (Hindus, Christians,
Sikhs, etc.) and recognized their right to practice their religion freely.
o However, the practical application of these rights was often hindered by the
dominant role of Islamic law and political circumstances.
9. Language:
o Urdu and English were declared the official languages of Pakistan.
o The Constitution did not make provisions for the use of Bengali, which was
the dominant language in East Pakistan. This led to significant tension and
resentment in East Pakistan, contributing to later political issues.
10. Islamic Provisions:
The Constitution required that the laws of Pakistan be consistent with Islamic
principles.
It also recognized the Islamic way of life as the central guiding principle for
governance, though the Constitution was not entirely based on Sharia law.
Major Events and Issues After Adoption:
1. Political Instability:
o Despite the formal adoption of the Constitution, Pakistan struggled with
political instability. The country witnessed frequent changes in leadership,
especially in the office of the Prime Minister.
2. East-West Pakistan Discontent:
o One of the significant issues was the tension between East Pakistan and West
Pakistan, particularly the political dominance of West Pakistan.
o The disparities in political power and the economic imbalance between the
two regions led to growing dissatisfaction in East Pakistan. This was a
precursor to the Bangladesh Liberation War in 1971.
3. The End of the Constitution of 1956:
o The Constitution was short-lived and lasted only two years.
o In 1958, the political instability and frequent changes in government led to the
military coup by General Ayub Khan. He imposed martial law on October
7, 1958, abrogated the Constitution, and took over as the country's first
military ruler.
o This marked the end of Pakistan's first formal attempt at democratic
governance under the 1956 Constitution.
