Constitution of 1956
After taking charge, Ch. Muhammad Ali started the working on constitution-making. TheConstituent
Assembly passed the draft of a federal parliamentary Constitution in 1956 which was enforced on
March 23, 1956 in the country. This constitution contained of 234 articles , seprated into 13 chapter
and 6. This constitution have one house and no senate.
The Islamic Provisions of the Constitution (1956)
Islamic provisions of the constitution of 1956 are as under:
1. Parliamentary System
Executive Authority vested in the President who exercised it on the
advice of the Prime
Minister except in the matters he had discretion.
President had ceremonial functions and exercised limited
powers.The President would be of 45 years of age, Muslim and
qualified to be a member of National Assembly. He was to be
elected by National Assembly (NA) and Provincial Assemblies.
2. Prime Minister (PM)
President would appoint PM. President could not remove him unless he was sure that
PM did not enjoy the support of majority in the National Assembly (NA).
The President would be its sole judge. He could ask PM to show his support.
Cabinet was collectively responsible to NA. PM was the head of government assisted by
cabinet.
3. Unicameral Legislature
National Assembly was the only house of the parliament having a membership of 300
plus 10 women seats.
Method of direct elections was adopted for general seats.
All legislative powers were rested with NA.President could return, reject or sign the bills.
Regarding monetary bills of ordinary expenditure NA had all powers but they could not
vote on Consolidated Fund List. Salaries of President, judges, federal service commission,
etc. were to be paid through Consolidated Fund.NA could control the Executive.
4. Federal System
The constitution provided three lists:
1. Federal
2. Provincial
3. Concurrent
There were two Provinces in the federation of Pakistan.
5. Provincial Structure
At the provincial level there was elected Assembly.
The Parliamentary System under the nominal headship of Governor.
The real powers were given to Chief Ministers and his
cabinet. Centre had some overriding powers and some Emergency powers
too
6. Independent Judiciary
At center, the highest court was Supreme Court, then High Courts in provinces
and subordinate courts were established.
Higher Courts had the power of Interpretation of the constitution. They could
hear the disputes between governments. They were guardians of the Legal
rights of the citizens.
7. Fundamental Rights
Civil and Political Rights were given to the people of Pakistan but they could be
suspended in case of emergency.
8. Directive Principles of State Policy
These principles provided guidelines for policy making.Principles of Objectives
Resolution were included as preamble.
The other principles included surety about Islamic practices, Welfare of people,
non-discrimination, and fulfillment of basic needs, etc.
9. Islamic Character
The name of the country was the Islamic Republic.
Objectives Resolution was the Preamble.
Other Islamic clauses were part of Directive Principles.
No law can be made to violate Islamic principles and teachings.
Existing laws would be brought in conformity with Islamic teachings.
A Commission was to be appointed to examine the laws for bringing them in
conformity.Whether a Law is Islamic or not, NA had to decide. The matter could be
taken up with the Judiciary.Islam was not declared state religion.
Riba (Interest) will be eliminated from the country as soon as possible.
10. Sovereignty of Allah
In the constitution of 1956, Objective Resolution was included in the preamble of the
Constitution, and Sovereignty over the whole world belongs to Allah Almighty.
11. Organization of Islamic Research
According to the Constitution of 1956, it was declared the organization of Islamic
Research wouldbe established, which will research the legislation and enforcement of
Islamic principles.
12. Protection to Minorities
Rights of Minorities will be protected in the country. They can spend their lives
according to their own religion and culture.
13. Relation with Muslim Countries
Pakistan will establish good relations with other Islamic countries for the Unit of
Muslim World.
14. Welfare State
Pakistan will be a welfare state, and the government will try its best to
eliminate thepoverty & illiteracy from the country. Moreover, basic
facilities like food, shelter &cloth shall be provided to the people.
15. End of Racial & Provincial Discriminations
The government will try to eliminate Racial, Provincial, Communal and
otherdiscriminations from the country.
16. End of Illiteracy
The Government will take specific steps to eliminate the illiteracy from the
country &education will be declared free & compulsory in Pakistan. The
government will also takesuitable steps for the adult education in the
country.
