Lecture4

Constitution of
Pakistan 1956,
1962,1973
 Constitution of 1956
 2ndConstituent Assembly adopted the country’s first
constitution in March, 1956, it lasted only two years.
 Passed on 29 February 1956 and was promulgated on
23 March 1956.
 Consisted of 234 articles,
 Covered total of 94 pages.
 The preamble of the constitution was the objective
resolution which was adopted by the Constituent
assembly in March,1949.
 Major-General Iskander Mirza, abrogated the Constitution,
dissolved the national and provincial legislatures and
imposed Martial Law in October, 1958, appointing General
Ayub Khan as the Chief Martial Law Administrator.
Main Features:
Name: Islamic Republic of Pakistan
Parliamentary Republic in Nature
President to be a Muslim
President to be elected by National Assembly and Provincial
Assemblies
President to appoint Prime Minister and Cabinet elected by
the National Assembly
West Pakistan was declared One Unit
Equal seats for East and West Pakistan in the legislative
Assembly
President could dissolve National Assembly on the advice of
the Prime Minister
2/3rd majority required to pass any bill and amend the
constitution.
Principles of provincial autonomy and independence of
judiciary were also incorporated.
Islamic provisions that guaranteed legislations of laws in
accordance of Islamic injunction.
However this constitution was opposed by Sikander Mirza
for its Islamic provisions and provincial autonomy.
The martial law was imposed after two and an half years on
 Constitution of 1962
General Ayub Khan introduced the
constitution of 1962 on 1st March thereby
abrogating the previous constitution.
The Constitution of 1962 was enforced on
June 8, 1962
 Written Form: The Constitution of the
republic was a comprehensive document.
The Objectives Revolution was included as a
preamble in the constitution.
Following were its important Clauses.
 Main Features of 1962 Constitution :
 The constitution of 1962 declared “The Republic of Pakistan” as the country
name. However, owing to the public reaction, the word “Islamic” was included
later on.
 Presidential form of Government was introduced for the first time through the
1962 Constitution which meant extensive powers for the President.
 Uni-cameral Parliament: Like 1956 Constitution, it also adopted single House
Parliament called the National Assembly. The Senate did not exist under the
new constitution.
 In 1962 Constitution a new system of basic democracies was introduce. Basic
Democrats were to be choosen by people. The elected Basic Democrates
constituted an “Electoral College” which elected the President and MNAs and
MPAs. Thus, the indirect election system was adopted in 1962 Constitution.
 Elimination of Non-Islamic Practices: All those practices which were contrary
to the Shariah such as gambling, adultery, prostitution, intoxication and
interest would be eliminated from the society.
 In 1962 Constitution Urdu and Bengali were recognized as the two national
languages of Pakistan.
 The Principle of Parity: that is equal representation between the East Pakistan
and West Pakistan was upheld in the 1962 Constitution.
 Principle of maximum provincial autonomy.
 Independence of judiciary,
 Rights of minorities.
 Islamic advisory council was constituted to advise govt over Islamic law
making.
 Constitution of 1973

 The 1962 constitution was abrogated with the

resignation of General Ayub Khan .
 A new constitution was approved on 14th august
1973 with overwhelming majority under the office
of the then Prime Minister, Z.A.Bhutto.
 Written Constitution , 280 articles.
 Objective resolution was also part of constitution as
preamble
 Main Features
• Permanent Constitution. Rigid Constitution, Only amended by
2/3 majority of Parliamentarians.
• Obedience of Constitution is the basic obligation of every citizen
of Pakistan.
• Abrogation or attempts or conspires to abrogate, subverts or
attempts or conspires to subvert the constitution by use of force
or by any other unconstitutional means shall be guilty of high
treason.
• Guarantees Fundamental rights.
• Federal Structure of State.
• Parliamentary form of Government.
• Prime Minister as the head and real executive of government,
• Ordinances to be counter signed by the Prime Minister
• Bicameral Legislature.
• Independent Judiciary.
• Islamic Provisions.
• Urdu as national language
• Provincial autonomy guaranteed residuary powers given to the
provinces
 The Islamic Provisions
 Constitution begins with the definition of Islam.
 Pakistan is a federal Republic, to be known as Islamic Republic
of Pakistan.
 Islam shall be the State Religion of Pakistan.
 Makes the definition of a Muslim.
 The President and the Prime Minister shall be Muslims
believing in the oneness of God, the Book of Allah and the last
Prophet- hood of Muhammad(PBUH)
 It includes Objective resolution.
 The Council of Islamic Ideology shall be set up.
 Friday as holiday.
 Prohibition of Alcohol and Gambling, prostitutions, and display
of obscene literature.
 Islamiyat and Pakistan Studies as Compulsory Subjects upto
graduation level.
 The President
 Head of State.
 Should be a Muslim.
 Not less than 45 years of age.
 To be elected by Parliament and Provincial assemblies for a term
of 5 years.
 Could be removed only by the Parliament by impeachment for
gross misconduct, physical or mental disability and for violation of
the Constitution.
 Can address and Dissolve the assembly on advice of Prime
Minister.
 Can summon the session of Parliament.
 Power to appoint the Governors, Attorney General, Chief Election
Commissioner, Auditor General, Chief Justice, Chiefs of Staff of
Army, Air Force, Navy .
 Head of Armed Forces.
 Emergency Powers.
 Power to pardon, commute of sentences.
 Chairman of Senate will be acting President in case of absence.
 Legislature
 Bi-Cameral Legislature
 National Assembly and Senate
 At least three sessions of National Assembly in a year.
 The assembly to choose Speaker and Deputy Speaker from its own
members in its first session.
 Life of Assembly is 5 years but could be dissolved by the President
on advice of Prime Minister earlier.
 18 years voter age.
 25 years Candidate age.
 Senate consisted of total of 87 members on basis of proportional
representation from Provinces.(14 general+5 technocrats from
each Province),8 FATA,3 capital territory.
 PM Leader of House and Head of the Government.
 Elected by National assembly after 30 days of general elections
 Must enjoy the confidence of National Assembly.
 Real executive authority vested in the Prime Minister.
 He is fully empowered to appoint/dismiss his Ministers/Cabinet
 Federal Structure
Comprised of Four Provinces:-
Punjab,Sind,NWFP and Baluchistan
The Islamabad Capital territory
The Federal administered tribal Areas.
Such states and territories as are or may be included
in Pakistan whether by accession or otherwise.
Autonomy for Provinces.
Residuary powers were given to Provinces.
Federal govt. provides security to Provinces in any
case.
Provinces are bound to follow Federal government’s
decisions.
The Council of Common Interests
National Economic Council
 Judiciary
 Independence of Judiciary was guaranteed.
 Head of Judiciary.
 Supreme Court:-Headed by Chief Justice with 6 judges.
 Judges could hold office till the age of 65.
 Can take any step to ensure Justice
 Power to review any judgment or any order made by it.
 High Courts
 Each Province had a High Court, consisted of Chief
Justice and other Judges.
 Appointed by the President of Pakistan with consent of
Chief Justice of Pakistan.
 Fundamental rights
 All Fundamental rights are guaranteed under the
Umbrella of Judiciary.
 The Zia Era and its Constitutional
Legacy
In 1977, General Elections were held, there were
serious allegations of rigging, and there was country
wide street agitation which prompted the Army to take
over. Assemblies were dissolved and government was
dismissed. But this time, the constitution was not
abrogated but it was declared to be, “held in
abeyance”. The Supreme Court of Pakistan validated
the action taken on the ground of “State necessity”.
In 1977, after imposition of Martial Law in the country
by General Zia ul Huq, the Constitution was held in
abeyance and replaced by an interim Provisional
Constitutional Order (PCO).
This period of constitutional deviation continued till
1985 when the constitution was revived and with this
came the 18th amendment in the Constitution which
 Musharaf Regime
 Immediately after the military’s takeover of power in 1999,
Pakistan began to experience the unfolding of a blueprint
developed by the earlier military regimes and ratified by the
superior courts.
 A Proclamation of Emergency was declared, the constitution
was put in abeyance, a Provisional Constitutional Order (PCO)
was issued to provide a temporary governing framework, and
the general assumed the office of the Chief Executive.
 In January 2000, when the Supreme Court entertained a
challenge to the military coup, the judges of the superior courts
were compelled to take a new oath of office pledging to serve
under the PCO.
 Six out of a total of thirteen judges of the Supreme Court
refused to take the oath and resigned from the bench, including
then Chief Justice Saeduzzaman Siddiqui and Justice (R) Wajih-
ud-Din Ahmad, who was a candidate in the 2007 presidential
elections.
 After the general elections in February 2008, the Constitution
 Amendments in
Constitution
 Constitution can be amended only by 2/3 majority of members of National
Assembly.
 The constitution has been amended 21 times till now.
 Major amendments
1. 1st regarding status of East Pakistan.
2. Declared the status of Ahmadis as minority and as 'non- Muslim.
3. 3rd ,4th ,5th and 6th amendments were relating the judiciary.
4. 7th Enables the Prime Minister to obtain a vote of confidence of the
people of Pakistan.
5. 8th Changed Pakistan's government from a Parliamentary system to a
Semi-presidential system by giving the President a number of additional
powers.
6. Nawaz Sharif 13th amendment.(restoration of 1973 constitution in its original
form)
7. Pervaiz Musharaf 17th amendment. (restoration of 8th amendment with extra
powers for the President)
8. Yousuf R Gilani18th amendment. (curtailment of Presidential powers 58-2b and
appointment of Army heads, governors etc). 18th Removed the power of
President of Pakistan to dissolve the Parliament unilaterally.
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