NAME: FIZZA ARSHAD

FATHER’S NAME: ARSHAD MAJEED

ROLL NO: 271
SECTION: F
SUBJECT: PAKISTAN STUDIES AND ALIGARH MOVEMENT
ASSIGNMENT: 03
SUBMITTED TO: SIR ARSHAD RIZVI
DEPARTMENT: BS SOFTWARE ENGINEERING
QUESTION:
What is constitution? Discuss its importance for Pakistan's political culture.
Also describe the western democratic features of constitutionalism in Pakistan.

ANSWER:

CONSTITUTION:
A constitution is an aggregate of fundamental principles or established precedents that constitute
the legal basis of a polity, organization or other type of entity and commonly determine how that
entity is to be governed. Constitutions concern different levels of organizations, from sovereign
countries to companies and unincorporated associations.

IMPORTANCE OF CONSTITUTION FOR

PAKISTAN’S POLITICAL CULTURE:
A constitution is important because it ensures that those who make decisions on behalf of the
public fairly represent public opinion. It also sets out the ways in which those who exercise
power may be held accountable to the people they serve.
Constitution is very important for the Pakistan’s political culture. It includes constitutions like
1956, 1962 and 1973.

WESTERN DEMOCRATIC FEATURES OF

CONSTITUTIONALISM IN PAKISTAN:
Constitutionalism is "a compound of ideas, attitudes, and patterns of behavior elaborating the
principle that the authority of government derives from and is limited by a body of fundamental
law". It may therefore be said that the touchstone of constitutionalism is the concept of limited
government under a higher law.

CONSTITUTION OF 1956:
The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958
Pakistani coup d'état. It was the first constitution adopted by independent Pakistan. There were
234 articles 13 parts and 6 schedules.
SALIENT FEATURES:
 Written Constitution: This is a written and lengthy document. It consists of 234 Articles
divided into 13 parts and 6 schedules.
 Flexible Constitution: The constitution could be amended through a process requiring
the amendment to be passed by at least a two-thirds majority of the parliament. However
 the president had the right to veto the draft, which then could be overridden by simple
parliamentary majority.
 Islamic Republic of Pakistan: The name of the country was adopted as the Islamic
Republic of Pakistan.
 Objectives Resolution: The objective resolution was included as a preamble of the
constitution.
 Federal System: The constitution provides for a federal system in the country. Powers
was divided between the center and the provinces. The subjects were divided into three
lists; The Federal List, The Provincial List, and the Concurrent List.
 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.
 Parliamentary System: a parliamentary system was adopted, according to it the
president was the head of state and the Prime Minister the head of government.
 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.
 The Prime Minister: He 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.
 Provincial Autonomy: Curtailed in the constitution to a great extent.
 Islamic Law: no law would be passed against the teachings of the Quran and Sunnah.
 Free Judiciary: An independent judiciary in the country. A Supreme Court interpreted
the constitution, advised the state whenever required, and decided the issues whenever
required.
 Fundamental Rights: included freedom of movement, freedom of speech and
expression, freedom to choose profession and freedom to profess religion. Right to life,
liberty, and property.
 Language: Urdu & Bengali

CONSTITUTION OF 1962:
The Constitution of 1962 was the fundamental law of Islamic Republic of Pakistan from 8 June
1962 until martial law was declared in 25 March 1969. It was abrogated on 25 March 1969 by
President Yahya Khan.
SALIENT FEATURES:
  Written constitution: The Constitution of 1962 was a written document. It consisted of
three schedules and 250 articles.
 Rigid constitution: A rigid constitution can only be amended through a particular
process. If an amendment to the constitution is passed by at least two-thirds majority of
the parliament then it becomes a part of law after authentication by the president.
 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.
 Presidential form of government: The president was the head executive of the nation.
He was empowered to nominate the ministers of his cabinet.
 Unicameral legislature
 Indirect method of election: The president was elected by an Electoral College
comprising 80,000 Basic Democrats, equally distributed between the two provinces.
 Provincial governments: There were two provincial governments. Each of them was
headed by a governor. He enjoyed powers in the province which the president enjoyed in
the center. The governor was empowered to appoint provincial ministers with the
sanction of the president of Pakistan.
 Provincial legislature: Each province was provided with a legislature. It originally
consisted of 150 members. However, later on this number was increased to 218.
 Powers of president: According to the 1962 Constitution 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.
 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.
 Islamic law: No law would be passed against the teaching of Quran and Sunnah and the
existing laws would be made Islamic in character.
 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 rights such as the rights of life, livery and property were
granted.
 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.
 Supreme Judicial Council: A Supreme Judicial Council consisting of two judges of
supreme court chief justice of supreme court and two judges of high courts was to be
established.

CONSTITUTION OF 1973:
The Constitution of the Islamic Republic of Pakistan, also known as the 1973 Constitution, is
the supreme law of Pakistan. Drafted by the government of Zulfiqar Ali Bhutto, with additional
assistance from the country’s opposition parties, it was approved by the Parliament on 10 April
and ratified on 14 August 1973.
SALIENT FEATURES:
 A Written Constitution: The constitution of 1973 is written with a preamble,280
articles, 6 Schedules and few Amendments.
 Flexibility: The constitution is neither too rigid like the American Constitution nor
flexible like British Constitution. It can be amended 2/3 majority of the total strength.
 Federal Constitution: The Constitution of 1973 is Federal Constitution. It establishes a
central government and the governments of the federating units, namely, the province of
Punjab, Sindh, Khyber Pakhtunkhwa and Baluchistan.
 Parliamentary Form of Government: Like the Constitution of 1956 but unlike the
Constitution of 1962, the Constitution of 1973, provides Pakistan with a parliamentary
form of government.
In a parliamentary form of government, maximum powers are vested in the elected
parliament and the Prime Minister, being head of government has many more powers
than the head of State (President).
 Bicameral Legislature: The Constitution of 1973 provides for the establishment of a
bicameral legislature in Pakistan. Pakistani Parliament consists of two houses, namely,
National Assembly, the lower house, and the senate, the upper house.
 Rigid Constitution: The Constitution of 1973 is rigid constitution in a sense that it
requires Two-third majority of the parliament (National Assembly and Senate) for
amendment in it.
 Federal Rights: The 1973 Constitution guarantees fundamental rights to the citizens of
Pakistan. Some of these areas under:
1. Equality of all citizens before the law.
2. Security of persons and of their properties and other belongings.
3. Right to acquire, hold or dispose of the property in any part of Pakistan.
4. Freedom of speech
5. Freedom of expression
6. Freedom of association
7. Religious Freedom
8. Right to adopt any lawful profession.

 National Language: The Constitution of 1973 provides for Urdu as the national
language of Pakistan. Regional languages have also been provided full protection by the
Constitution.
 Direct Election System: Direct Election System is another salient feature of 1973
Constitution of Pakistan. The members of the National Assembly and Provincial
Assembly are selected through Direct Election.
 Islamic Provision of the Constitution of 1973: The following are the Islamic provisions
of the Constitution of 1973.
1. The Constitution of 1973 also names the country as the Islamic Republic of Pakistan.
2. Islam is the State Religion of Pakistan.
3. Sovereignty belongs to Allah Almighty.
4. Only Muslim could become President and Prime Minister of Pakistan.
5. Islamic way of life.