CONSTITUTIONAL DEVELOPMENT

When Pakistan came into being on 14th of August 1947, the existing India Act of 1935 was adopted
by Pakistan with some amendments as interim constitution of Pakistan. The temporary
arrangement was made to run the affairs of newly independent state which required a permanent
constitution on emergent basis. The Muslim community had mainly trusted in the Muslim League,
because of the reason that Muslim League was loyal to establishing an Islamic state based on the
principle of Islam. But unfortunately, the members of Constituent Assembly were not in favour of
this spiritual tendency. The founder of Pakistan Quaid-e-Azam Muhammad Ali Jinnah repeated
many time that constitution of Pakistan shall be framed according to the Quran and Sunnah.

The prominent clusters of Ulema all over the country joined together and inspired the public
opinion in favour of the formation of an Islamic Constitution. In this regard, the masses get together
in large numbers and shaped a gigantic popular movement in favour of the Islamic state. The major
objective of the association was that Constituent Assembly should follow the model of “Objectives
Resolution” that was adopted on 12th March 1949. The decision was presented by
Nawabzada Liaquat Ali Khan the first Prime Minister of Pakistan in the cabinet for considerations
and approval.

OBJECTIVES RESOLUTION
1 Sovereignty of Allah: The sovereignty over the entire universe only belonged to Allah Almighty
alone and authority which He has delegated to the State of Pakistan, through its people.
2 Democracy: Power to rule in the country has been delegated by Allah Almighty to the people
and they should exercise the power strictly in accordance with the divine injunctions. The authority
to rule in the country will be exercised through the representatives of the people.
2 Islamic Conduct of State: Islamic principles of democracy, freedom, tolerance and social
justice shall be observed.
3 Promotion of Islamic way of Life: The encouragement of Islamic way of life will be given to
the Muslims in order to facilitate the lives of people in the light of teachings of Islam.
4 Safeguard of Minority Rights: The non-Muslims will be provided all fundamental human
rights, particularly the rights of their religious and intellectual development.
5 Independence of Judiciary: The functions of Judiciary will be allowed independently in the
light of teaching of Islam.
6 Safeguarding Fundamental Human Rights: To protect the fundamental rights of every citizen
in Pakistan, in the shape of freedom, equality, and ownership of property, freedom of expression,
faith worship and formation of associations shall be exercised for the promotion of their rights.
SIGNIFICANCE
The basic and leading problem for the Constituent Assembly was that to decide the nature of State,
which has already been decided by the objectives resolution on the following pattern:
1. It was clearly mentioned in the constitution that Pakistan shall be an Islamic Republic.
2. For the first time, the government of Pakistan officially announced Islamic social order in the
country in the light of objectives resolution and stated that Islamic injunctions shall be served as
the guiding principles to constitution of Pakistan.
3. The objectives resolution displayed national consensus and it was approved by the Ulema of all
Schools of thought in Pakistan.
4. The decision was made a permanent part of the preface in all the successive constitutions of
Pakistan.
5. The preamble is not just like an adjustable part of the constitutional documents; actually, it was
the recommendations.
It was the result of Constituent Assembly to give the legal position of objectives resolution. The
objectives resolution was to become a permanent part of Constitution of Pakistan under Article
2(A).3
1956 CONSTITUTION OF PAKISTAN
The Constitution of 1956 was based on India Act of 1935. The foundation of constitution was laid
down by Constituent Assembly on 12th March, 1949. The Constituent Assembly passed a
resolution on the “Aims and Objectives of the Constitution” commonly known as the Objectives
Resolution. The resolution was presented by Liaquat Ali Khan on 07th March 1949. He announced
that the future constitution of Pakistan would not be formulated entirely on European pattern, but
on the basis of ideology and democratic faith of Islam. The resolution has been become the part of
the Constitution of Pakistan under Article 2(A). After the nine (09) years of struggle, the
Constituent Assembly passed the new Constitution of Pakistan on 29th February 1956.
The 1956 Constitution of Pakistan was enforced in the country on 23rd March 1956. The
Constitution was a written and flexible. It explained the fundamental rights of the individual. It
included of 234 articles, which were divided into thirteen (13) parts and six (6) schedules. The
Constitution proposed a parliamentary form of government.
The main composition of the government was similar to the One Unit in the Centre. The pattern
of government was the same as adopted by the government of India. There were federal, provincial
and concurrent lists of subjects. There were thirty (30) items in the federal list, 94 items in the
provincial list and 19 items in the concurrent list. The federal legislation got preference over the
provincial legislation regarding the concurrent list. The residuary powers were rested in the
provinces. In case of conflict between the centre and provinces or between the two provinces, the
Chief Justice of Supreme Court of Pakistan to worked as arbitrator.
The Constitution of 1956 provided a parliamentary form of government in the country, where
executive power remained with cabinet that was collectively responsible to the legislature. The
cabinet was presided over by the Prime Minister of Pakistan. The constitution declared that there
would be only one house of parliament known as the National Assembly and equal opportunity
will be given to the East and West Pakistan. The title of Governor General was replaced with the
title of President. The President of Pakistan was to be elected by the Electoral College that
composed of members of National and Provincial Assemblies.
SALIENT FEATURES
1 Written Constitution: The constitution of Pakistan was a written and lengthy document.
5. Rigid Constitution: The constitution could only be amended through a proper system through
at least a two third majority of the parliament.
5. Islamic Republic of Pakistan: The name of the country was adopted as “Islamic Republic of
Pakistan”.
5. Objectives Resolution: The Objectives Resolution was included as introductory part of the
constitution.
5. Federal System: The constitution provided for a federal system of government in the country
and power divided between the centre and provinces.
5. Unicameral Legislature: The unicameral legislature would consist of a single house. The equal
representation was given to East and West Pakistan in the National Assembly. The National
Assembly consisted of 300 members and 150 members were chosen from each wing.
5. Parliamentary System: A parliamentary form of government was approved. In this form of
government, the President of Pakistan was the head of the State and Prime Minister was the head
of government.
5. President: The president was required to be a Muslim of at least forty five (45) years age.
ABROGATION OF 1956 CONSTITUTION
On 7th October 1958, President of Pakistan Iskander Mirza abrogated the 1956 constitution of
Pakistan, and imposed martial law in the country. General Muhammad Ayub Khan was appointed
as Chief Martial Law Administrator and Aziz Ahmad as Secretary General and Deputy Chief
Martial Law Administrator. However, after the passage of three weeks General Ayub Khan
overthrew the government of Iskandar Mirza in October 27, 1958. He assumed the charge of the
President of Pakistan. Later on, 1962 Constitution of Pakistan was formulated under the
government of General Muhammad Ayub Khan.
CONSTITUTION OF PAKISTAN
On 17th February 1960, General Muhammad Ayub Khan appointed a commission to prepare the
draft of new constitution. The commission was headed by the former Chief Justice of Pakistan,
Muhammad Shahab-ud-Din and ten (10) other members. Five (05) members were equally chosen
from each Wing of Pakistan. The member’s belonged to different institutions including the retired
judges, lawyers, Industrialists and landlords. On 6th May 1961, the commission presented its draft
to General Muhammad Ayub Khan President of Pakistan. The draft of 1962 constitution was
thoroughly review by General Muhammad Ayub Khan. The cabinet has approved the new
document of Pakistan.
Subsequently the draft of constitution was passed by the President of Pakistan on 11th March 1962.
On 08th June 1962, the new constitution of Pakistan was enforced in the country. The constitution
comprised 250 articles, twelve (12) parts and three schedules.
1. Pakistan was named as “Republic of Pakistan”.
2. 1962 constitution of Pakistan provided for a federal system of government in the country. The
procedure of parity between East and West Pakistan was employed.
3. The constitution provided the presidential form of government.
4. The responsibility of authority among the centre and provinces was clearly stated in the
constitution. The central legislation was responsible of one house known as the “National
Assembly”.
5. There were 156 members of the National Assembly. The equality between the two wings of
Pakistan was upheld strictly.
6. The President must be Muslim and not less than 35 years old. He must be qualified to contest
the election of National Assembly and to be elected indirectly by an Electoral College in
accordance with the provisions as mentioned in the constitution.
7. The Electoral College fixed the limit of 80,000 Basic Democrats (B.D), which were equally
distributed between two provinces.
8. The term of President of Pakistan was fixed for five (05) years.
9. The appointment and removal of Governors and Ministers was to be made by the President of
Pakistan.
10. The constitution of 1962 authorized the President of Pakistan fully to promulgate the
ordinance.
11. A significant feature of impeachment of President of Pakistan was that if the resolution for
removal of President fails to obtain one half of the total number of votes in the National Assembly
then opposition would cease to keep the membership of the Assembly.
12. There was no restriction of religion for a person holding the office of the Speaker of National
Assembly.
13. Urdu and Bengali were recognized as national languages.
14. If the president of Pakistan resigns from his position or vote of no confidence passes against
him then according to constitution the Speaker would act as the president of Pakistan till the
selection of new president.
15. Under these special circumstances, a non-Muslim might get the chances to be act as an Acting
President of Pakistan.
16. 1962 constitution of Pakistan provided the mode of election for National and Provincial
Assemblies for a term of five years.
17. The National Assembly was fully empowered to legislate for the central subjects.
18. The procedure of the Provincial Assembly was similar to the National Assembly.

SALIENT FEATURES
1. Written Constitution: The constitution of 1962 was a written document. It was consisted of
five schedules and 250 articles.
2. Rigid Constitution: It was a rigid constitution of the country. It can only be amended through
a particular process. If an amendment to the constitution was passed by at least two third majorities
of the parliament and after confirmation of the President, it would become a part of law.
3. Federal System: A federal system of government was introduced in the country. It consisted to
central and provincial governments that comprising to East and West Pakistan.
4. Presidential Form of Government: In presidential form of government the President was the
executive head of the country. He was empowered to nominate the Ministers of his cabinet.
5. Unicameral Legislature: The legislature would consist of a single house. Both the wings of
the country were given equal representation in the National Assembly. The National Assembly
consisted of 300 members. The 150 members were taken from each wing.
6. Indirect Method of Election: The President was elected by an Electoral College comprising
80,000 Basic Democrats that were equally distributed between the two provinces.
7. Provincial Government: There were two provincial governments. Each of them was headed
by a Governor. The Governor enjoyed the veto powers in the province as president enjoyed the
power in the centre. The Governor was empowered to appoint Provincial Ministers with the
approval of President of Pakistan.
8. Provincial Legislature: Each Province has provided a legislature. Originally, it consisted of
150 members. However, later on the strength of members was increased to 218.
9. Powers of President: The 1962 Constitution of Pakistan delegated the powers to President for
a five (05) year term. He was authorized to promulgate ordinances and use his veto power against
legislated laws. The laws could only be enforced with two third majority of the National Assembly.
However, the President was not empowered to dissolve the Assembly.
10. Restrictions to the President: The President was not permitted to hold any office of profit in
the service of Pakistan but not prevented from holding and managing private property.
11. Islamic Law: No Law would be passed against the teachings of Quran and Sunnah.
12. Fundamental Rights: The Constitution of 1962 laid down fundamental rights of the citizen
i.e. free speech and expression, freedom to choose profession and freedom to exercise religion.
13. Role of Judiciary: The judiciary was responsible for the interpretation of laws and executive
orders in the light of principles embodied in a written constitution.
14. Supreme Judicial Council: A supreme judicial council consisted of two judges of Supreme
Court; Chief Justice of Supreme Court and two judges of high courts.
15. ISLAMIC PROVISION
16. The introduction of 1962 Constitution of Pakistan was based on the Objectives Resolution.
17. The constitution defined the name of Pakistan as “Islamic Republic of Pakistan”.
18. No law shall be passed which is repugnant to the teachings and requirements of Islam as set
out in the Holy Quran and Sunnah and all existing laws shall be brought in compliance with the
Quran and Sunnah.
19. Only a Muslim could be qualified for the election of President.
20. Teaching of Quran and Islamic Study was made compulsory for the Muslims students of
Pakistan.
21. Proper system of Zakat, Waqf and Mosques was adopted.
23. The Islamic provision introduced an Advisory Council of Islamic Ideology which was to be
appointed by the President. The purpose of this Council was to make recommendations to the
government which would allow and encourage the Muslims of Pakistan, to lead their lives in
accordance with the doctrine and concepts of Islam and to examine all laws in force with a view
to bring them into uniformity.
24. The state should attempt to strengthen the bonds of unity among the Muslims countries.
25. There shall be an Institute to be known as “Islamic Research Institute” and shall be established
by the President of Pakistan. At present, the Institute is the constituent unit of International Islamic
University, Islamabad.
26. The function of the Islamic research Institute was that to carry out Islamic research and
teaching of Islam for the transformation of Muslim society on a truly Islamic basis.
27. SIGNIFICANCE
1962 constitution of Pakistan provided the presidential form of government. The constitution was
enforced in the country in June 08, 1962. According to constitution president was become the head
of state and head of the government.
The president must be Muslim and not less than 35 years old. He must be qualified to contest the
election of National Assembly and to be elected by an Electoral College. The Electoral College
fixed the limit of 80,000 Basic Democrats, which were equally distributed between two provinces.
The constitution authorized the president of Pakistan fully to promulgate the ordinance. A
significance aspect of impeachment of president was that if the resolution for removal of president
not succeeded to obtain one half of the total number of votes in the National Assembly then
opposition would cease to keep the membership of the assembly. The other demerit of 1962
constitution was that there was no restriction of religion for a person holding the office of the
speaker of National Assembly. Under these exceptional situations a non-Muslim might get the
chance to be an acting president of Pakistan till the completion of election procedure of new
president.
28. ABROGATION OF 1962 CONSTITUTION
1962 Constitution of Pakistan was abrogated by General Muhammad Ayub Khan, President of
Pakistan and martial law was imposed in the country on 25th March 1969. The power was handed
over to General Muhammad Yahya Khan, Army Commander-in-Chief. After assuming the charge
of presidency, General Yahya Khan, agreed to popular demands by abolishing the one unit system
in West Pakistan and planned for general elections in the country on the principle of one man one
vote.
29. COMPARISON BETWEEN 1956 AND 1962 CONSTITUTIONS OF PAKISTAN
The 1956 constitution of Pakistan was based on India Act of 1935 and allowed the parliamentary
form of government whereas 1962 constitution of Pakistan provided the presidential form of
government. The constitution of 1956 recognized the model of one Unit. The seats were equally
divided between the two Wings of the country, whereas 1962 constitution provided the federal
form of government with the principle of parity between East and West Pakistan. Both the
provinces would run their separate provincial governments in the country. In this form of
government, the president of Pakistan was the head of the State and head of the government.
The structure of constitutions is as under: