Constitutional Development in

Pakistan

Resource Person: Gul-i-Ayesha Bhatti

First Democratic Interlude (1947-1958)
First Democratic Interlude (1947-1958)
 Constitution making 1947 to
1956
• The modified Government of India Act (1935)
became the Interim Constitution of Pakistan
in 1947.

• The Constituent Assembly (CA) was given

the task of framing the Constitution.
 Constituent
• Assembly
Pakistan's first ConstituentAssembly came
into being on July 26, 1947 and its inaugural
session was held on August 10, 1947.
• On March 12, 1949, the Constituent Assembly
adopted the Objectives Resolution,
enumerating the ideals on which the future
Constitution had to be formulated.
• The Assembly also appointed on the same date
a Basic Principle Committee (BPC) to work out
the principles on which the Constitution was to
be drafted.
 Objective
Resolution
• The Objectives Resolution was a
resolution adopted on March 12, 1949 by
the Constituent Assembly of Pakistan.
• The resolution, proposed by the Prime
Minister, Liaquat Ali Khan, proclaimed that
the future constitution of Pakistan would not
be modeled entirely on a European pattern,
but on the ideology and democratic faith of
Islam.
 Provision
•
s
Sovereignty belongs to Allah alone but He has
delegated it to the State of Pakistan through
its people for being exercised within the
limits prescribed by Him as a sacred trust.
• The State shall exercise its powers and
authority through the chosen representatives
of the people.
• The principles of
democracy, freedom, equality, tolerance and
social justice, as enunciated by Islam, shall
be fully observed.
• Muslims shall be enabled to order their lives in
the individual and collective spheres in
accordance with the teachings of Islam as set
out in the Quran and Sunnah.
• Adequate provision shall be made for the
minorities to freely profess and practice their
religions and develop their cultures. Pakistan
shall be a federation.
• Fundamental rights shall be guaranteed.
• The judiciary shall be independent.
 Bogra
•
Formula
Mohammad Ali Bogra, presented his package popularly
known as the 'Bogra Formula'.
• Bi-cameral legislature
• In upper house there would be EQUAL representation on
each five units
• In lower house, population based representation.
• All units appreciated this principle of parity and
representation.
• The Bogra Formula was discussed in detail and was approved by
the Assembly but before it could be written down in the form of
constitution, the Constituent Assembly was dissolved by the then
Governor general, Ghulam Muhammad, on October 24.
 Constituent Assembly Dissolution

• On 24th October 1954, GG (Governor

General) dissolved the CA that was
challenged in the Sindh court by Maulvi
Tamizuddin.
• Sindh High court declared the dissolution
illegal but the Federal Court upheld the GG
action and asked for setting up an elected
CA.
2nd Constituent Assembly, June-July 1955

• Ghulam Muhammad called a Convention

on May 10, 1955.
• All its members were to be elected
indirectly (by the provincial assemblies).
• In this way, the 2nd CA came into
Existence.
One Unit Scheme, October 1955
• The presence of different provinces in the
WP had complicated the issue of the WP’S
representation in the CA.
• It was handled by uniting all the WP units
into ONE (One Unit, October 30, 1955).
• Now both the parts had become two
units and could be addressed equally.
 Constitution-making
• One Unit scheme helped the task of
constitution making to achieve successfully.
• The previous committees work helped the new
Assembly that completed its work and
presented it in the 2nd CA on January 9, 1956.
• It, with certain amendments, it was approved
on January 29, 1956
• On March 23,1956, It was promulgated
as Constitution of Pakistan.
• With this Pakistan had become an
Islamic Republic.
 Constitution of 1956
• The main points of this constitution are as follows:
• Pakistan was to be federal republic based on
Islamic Ideology.
• A detailed and comprehensive list of fundamental
rights with an Independent Judiciary was provided in
the constitution.
• The system of the parliamentary form of government
was adopted both at the Centre and in the provinces.
• There was distribution of powers between the Centre
and the provinces.
• The constitution provided for Pakistan, wherein
equality between East and West wings had been
maintained.
• For the distribution of subjects between the
centre and the provinces, three lists of
subject had been drawn up.
• There was a special procedure to be adopted for
the amendment of the constitution, yet it was
the least rigid constitution. It was reasonably
flexible.
• It had provided for two National languages
Urdu for the West Pakistan and Bengali for the
East Pakistan.
• Instead of double citizenship, one
citizenship system was provided for the
Federation of Pakistan.
• The constitution was silent as to be method
of conducting elections both for the Central
and the Provincial legislatures.
• And finally, there were the Islamic
characters of the constitution.
 Islamic provisions of the 1956
constitution:
• The name of the country will be
Islamic republic of Pakistan.
• The preamble of the constitution
embodied the sovereignty of God
Almighty.
• The Head of the State shall be a Muslim.
• Islamic Advisory Council shall be set up.
• No Law detrimental to Islam shall be
enacted.
 1st Martial Law
• On October 07, 1958, President Iskander
Mirza imposed Martial Law in the country
and abrogated the Constitution and
appointed General Ayub Khan as the Chief
Martial Law Administrator.
• Twenty days later on October 27, 1958, Ayub
Khan overthrew Mirza and assumed the
office of the President as well.
 Basic
Democracies
• A year later on October 27, 1959, Ayub Khan
introduced the Basic Democracies Order
creating 80,000 BD member who had to
serve as the electoral college later Through
this electoral college, Ayub got elected as
President in a referendum on February 14
1960.
 Constitutional
commission
• After taking over President Ayub Khan set up
a constitutional commission under justice
Shahab-ud-Din to suggest recommendations
for the new constitution of the country.
• The commission after through and
lengthy discussion submitted its report on
6th March 1961.
• The report was examined by president.
• In its report the commission highlighted
the reasons of the failure of parliamentary
democracy in Pakistan:-
• It fixed the responsibility for the debacle
of democracy on the lack of dedicated
leadership.
• Absence of well organized political
parties.
• And the self aggrandizement of the
greedy politicians.
• In the view of the recommendation of the
commission a new constitution was not
framed by a constitutional body which
was elected nor did it enjoy popular
support.
• The constitution was thrust upon the people
in an undemocratic and authoritarian
manner.
 Constitution of 1962
Salient Features of the Constitution;

• Title of the State will be Islamic Republic of Pakistan.

• A Powerful President who was responsible
for administration and affairs of the state.
• He should be a Muslim, no less than 40 years of age,
should be capable to be a member of NA.
• He would be elected through not direct elections for a
time of five years.
• If he has held office for more than 8 years, he could look
for reelection with the support of the NA and the PAs.
• National Assembly was given the power to change
the president, however it was difficult to achieve.
• President could dissolve the NA but in that case he
must seek re-election.
• President was the central point of all the
Executive, Legislative and Judicial powers.
Cabinet was responsible to him. All key
appointments were to be made by President.
He could issue Ordinances. He could also
announce State of Emergency in the country.

• NA was consisted of one house on the basis of

principle of parity between two wings of the
country. There were 150 seats plus 6 seats
were reserved for women. All were elected
indirectly. For the membership minimum age
limit was 25 years.

• NA had all the powers of law making but law

was to be finally ratified by the president.
President could sign, reject or return the bill.
• Financial Powers of NA were limited. Only new
expenses could be voted. NA could not reject
join Fund List and Recurring Expenditure.
• There were two provinces of the federation:
East Pakistan and West Pakistan. Only one list
of subjects, i.e. the Central list was given in the
constitution.
• Governors were head of the provinces and
govern the province with his cabinet.
Provincial governments were directly under
the control of President. There was a strong
center with a Powerful President. He had
enough powers to manage provincial affairs.
In case of emergency powers Central
government could take direct control of the
province.
 Principles of
Policy
• • National solidarity would be observed.
• • Interests of backward people would
be looked after.
• • Opportunities for participation in
national life.
• • Education and well being of people.
• • Islam would be implemented in day to
day life.
• Fundamental Rights were provided in
the constitution.
• Originally Political Parties were not
allowed. Political Parties Act was
introduced in 1962.
• Objectives Resolution was the Preamble of the
Constitution. Other Islamic provisions were a
part of Principles of Policy and not the
constitution.
• An Advisory Council for Islamic Ideology was
made in the constitution having 5-12 members.
It was a recommendatory body.
• It was designed for the Research and instructions
in Islam for assisting the reconstruction of
 Criticis
m
• Ayub Khan gave the second Constitution to
the country Discarding the parliamentary
system, the Constitution adopted the
presidential form of government but
without the system of checks and balances
which is enshrined in democratic
Presidential systems in other countries.
 Ayub Steps
•
Down
Moreover the Constitution gave over
whelming powers to the President who
dominated the entire constitutional
system.
• Ayub's Constitution lasted as long as
he survived in office.
• With his departure his system was
also folded.
• In fact Ayub himself announced the
imposition of Martial Law on March 25,
1969.
 Yahya
• Khan
New Chief Martial Law Administrator General
Yahya Khan, soon after the taking-over
announced that he would hold elections for
the constituent assembly at an appropriate
time.
• Before the elections that were held in
December 1970, General Yahya dissolved One
Unit and restored the former provinces along
with the creation of the Province of
Baluchistan in the western part of the country.
• He also announced the Legal Framework
Order (LFO).
• The LFO brought an end to parity
between East and West Pakistan,
accepting the numerical majority of the
eastern wing.
• It also gave up the indirect elections as
had been introduced by Ayub Khan.
• The 1970 elections, thus, were the first
general elections in the country to be held
on the basis of adult franchise.
• However, the election results that brought
Sheikh Mujib-ur -Rehman's provincial
autonomist Awami League as the majority party
in the National Assembly could not be
reconciled by the military regime.

• The failure of dialogue between the regime,

the Awami League and the Pakistan People's
Party which had emerged as the majority party
in two provinces of West Pakistan - the Punjab
and Sindh- paved the way for a crisis which the
military regime tried to resolve by force.

• East Pakistan was subjected to military action

on March 25, 1971
• The military regime's failure in crisis
management led to its intensification and
culminated in the separation of East
Pakistan on December 16, 1971.

• On December 20, 1971,General Yahya Khan

resigned and handed power to the leader of
the Pakistan People's Party, Zulfikar Ali
Bhutto who took charge as President as well
as Chief Martial LawAdministrator.
• Bhutto lifted Martial Law in April 1972.
• He got the approval of the Opposition for
his interim Constitution to govern the
country as long as the permanent
Constitution was not made.

• National Assembly approved a

temporary Constitution, which was
imposed on April 21, 1972.
.
 Constitution Making
• Constitutional Committee comprising National
Assembly (NA) members from all parties was
set up in April 1972.
• Law Minister was the Chairman of
this Committee.
• All parties agreed on the future political system
in October 1972.
• The Committee reported on December 31,
1972. After long deliberations and compromises
final draft was approved commonly on April 10,
1973.
• The new Constitution was imposed on
August 14, 1973.
• The Constitution functioned since then
with two gaps. It remained operational
during following periods:
• 1973-77: Operational
• 1977-1985: Suspended
• 1985-1999: Operational after changes
• 1999-2002: Suspended
• 2002 onwards Operational after changes
Features of the Constitution
Parliamentary System
• It was a parliamentary constitution having
powerful Prime Minister (PM) as head of
government with a very weak President.
President must act on the advice of PM. All
his orders were to be countersigned by PM.
Prime Minister to be elected by the NA. PM
exercised all executive authority.
• An important aspect of the Constitution of
1973 was the sustainability of the National
Assembly, which was elected for the
duration of five years and could be
dissolved by the President only on the
advice of the Prime Minister.
• This was a normal parliamentary practice
that was incorporated in the Constitution.
• In order to strengthen the parliament, it was
laid down that a Prime Minister against
whom a resolution for a vote of no-
confidence had been moved in the National
Assembly, but had not been yet voted
upon, or against whom such a resolution
had been passed, or who was continuing in
office after his resignation, could not
recommend the dissolution of the National
Assembly to the President.
• PM was answerable to the NA. In
1985, powers of the President were
increased. He enjoyed some discretion in
appointments of
• PM. He had power to break up the NA. He
had the powers of appointment of caretaker
PM. He gives his assent to bills passed by the
parliament or returns these.
 President
:
• Must be at least 45 years of age,
Muslim, qualified to become member
of the NA.
• He is elected by the Parliament and
the Provincial Assemblies for 5 years.
Parliament with two houses:
• • Upper House called Senate. In this
house equal representation is given to
Provinces.
• Seats are reserved for the tribal areas,
women and technocrats.
• Its original strength was 63, which was
later raised to 87 and then to 100.
• Senate is elected indirectly. It’s a
permanent House as half of its members are
elected after three years.
 Lower House(National
• Assembly)
National Assembly is elected on population basis.
• Its Original strength was 210 but now it is 342.Itis
elected for five years.
• Direct elections
• Voting age for the franchise is lowered from 21 to 18.
• Parliament under 1973 constitution is a powerful
legislative body.
• It enjoys all legislative powers. It has control of the
executive through questions, resolutions,
parliamentary committees etc.
• National Assembly is more powerful than the
Senate. Budget is presented before NA.
• Cabinet is answerable to National Assembly.
 Federal
System
• Federation of Pakistan has four provinces
and federally administered areas. Two lists
are given in the constitution: Federal list
and Concurrent list.
• Residuary powers belong to provinces.
 Provincial
• Structure:
Provincial Governors are appointed by the
President on the advice of the PM. Elected
Chief Minister exercises executive powers.
Parliamentary system is there in the provinces.
•Size of the provincial assemblies varies:
In 2002:
• Punjab 371
• Sindh 168
• NWFP 124
• Balochistan 65
• Enough provincial independence
is guaranteed.
• Tradition of strong centre
continues
• Centre has emergency powers.
• Governor’s rule can be forced if the
government cannot function in the
provinces. Provinces are dependent on
centre for Finances.
Principles of Policy:
• Islamic provisions are provided in Principles
of Policy.
Fundamental Rights:
• Fundamental Rights are protected in the
constitution and are implemented through
the highest court.
 Islamic
• Provisions:
Title of the state is Islamic Republic
of Pakistan.
• The objectives resolution was the Preamble
in the initial constitution but through article
2-A of 8th amendment it was inserted in the
constitution in 1985.
• Islam was declared the State Religion
of Pakistan.
• Definition of Muslim was included by
an amendment.
• Principles of Policy also carry some
Islamic clauses.
• Council for Islamic Ideology is
recognized under the constitution.
• Federal Shariat Court was added in
1981.
National Language:
• Urdu is declared National Language, however
English may be used for official purposes until
preparations would be made for its
replacement by Urdu.
• Provincial Assembly may prescribe measures
for teaching, promotion and use of a
provincial language in addition to the national
language.
National Security Council:
• National Security Council was added in 2002
in advisory capacity.
Judiciary:
• An independent judiciary is given under the
constitution. Supreme Court of Pakistan is
the highest court. One High Court is
established in each province and one in
Azad Kashmir. A chain of lower courts is
there under the high courts.
Amendments in constitution of
1973
 8th Amendment (58-2b)
• The Eighth Constitutional Amendment
added a clause to the Article 58 giving to
the President the power to dissolve the
National Assembly in his discretion where,
in his opinion,an appeal to the electorate
was necessary.
.
• This clause had far reaching implications not
only in making the assembly dependent and
subservient to the President, but also
drastically changing the parliamentary
character of the Constitution, tilting it
towards a presidential one.
• After being inducted in the Constitution,
this clause was invoked by the President on
four occasions in a short span of nine years
between 1988 and 1996. This clause was
repealed in the Thirteenth Constitutional
Amendment passed on April 04,1997
(Nawaz Sharif govt).
• The Eighth Amendment had given similar
power to the governors with respect to
the provincial assemblies.
 13th Amendment
• The parliamentary character of the
Constitution was restored as a result of
the Thirteenth Amendment (1997).
• Which also accompanied the restoration of
the prime ministerial advice as being binding
for the President with respect to the
appointment of governors and taking away
of the discretionary powers of the President
to appoint the three chiefs of the armed
forces.
 17th Amendment
• However, the Seventeenth Amendment (was
an amendment to the Constitution of
Pakistan passed in December 2003, after
over a year of political wrangling between
supporters and opponents of Pakistani
President Pervez Musharraf) once again
shifted the pendulum to the side of the
President.
• The President can now once again dissolve
the National Assembly at his discretion.
 18th Amendment
• Was passed by the National Assembly of
Pakistan on April 8, 2010, removing the
power of the President of Pakistan to
dissolve the Parliament unilaterally, turning
Pakistan from a semi-presidential to a
parliamentary republic.
Highlights of the 18th Constitutional Amendment:

• Amendment to Article 6 seeks to pre-

empt military coups in future.
 Article 58(2b) to be repealed,
substituted with ‘Dissolution of National
Assembly’
 President may dissolve NA in case
no- confidence vote passed against
PM
 Total strength of cabinet should not
exceed 11% of total membership of
• Governor should be a resident and
registered voter of his/her province, he/she
would be appointed by president on prime
minister’s advice
 Provinces required by law to establish
local government systems, devolve
political, administrative and financial
responsibility and authority to
elected representatives
 PM to be chairperson of CCI, members
to include CMs, 3 members from federal
govt
 Amendment to Article 157 says federal
government must consult provincial
government before installing hydroelectric
power stations in any province.
•  PM to forward three names for office of CEC,
in consultation with opposition leader in
National Assembly, to a parliamentary
committee for confirmation
 Committee proposes insertion of Article
175(a) to deal with appointment of judges to
Supreme Court, high courts, Federal Shariat
Court
 Committee proposes substitution of Article
243, says federal government ‘shall have
control and command of armed forces,
supreme command of armed forces shall [rest
with] … president
• President to appoint Joint Chiefs of Staff
Committee chairman, chief of army staff,
chief of naval staff, chief of air staff
 NWFP will be renamed
‘Khyber- Pakhtoonkhawah’
 State will provide free, compulsory
education to children aged between 5 and
16 years
 Amendments to Clause 1 seek substitution
of ‘Baluchistan’ with ‘Balochistan’, ‘Sind’
with ‘Sindh’
 Insertion of clause sought to bar persons
acquiring citizenship of foreign country
from contesting elections to parliament
 All elections under constitution, other than
those of PM and CM, to be by secret ballot.
 Conclusion
• The constitutional history of Pakistan is a
reflection of all the peculiarities and
contradictions of its social, economic and
political development since independence for
more than a quarter of the century.
• The struggle over particular formulations in
various drafts of the Constitution which went
on in the legislative bodies was often an
expression of the clash between the vital
interests of the main social groups in Pakistan.
• It is not surprising therefore that the struggle
over many constitutional issues (the state
language, from of elections, division of
powers between the Federation and the
Provinces, etc.) went on for years, leading
to bloody clashes in which thousands of
people were victims and often precipitating
acute political crises.
• The constitution of 1973 was an expression of
the balance of class forces established after the
political crises of 1971 and the collapse of the
military dictatorship.
• The present Constitution of Pakistan is
characterized by such fundamental principles as
a parliamentary republican system, federal state
structure, and proclamation of
democracy, freedom, equality, tolerance and
other bourgeois-democratic freedoms, and the
attainment of social justice as the supreme aim
of the state.
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