Malcolm Rivera
Pakistan has had a written constitution since 1956, with the current version coming into effect in 1973. The constitution guides Pakistan's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and also the structure and establishment of the institutions and the armed forces. The constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state. It also establishes a parliamentary form of government with a Prime Minister as its head.
| Characteristics | Values |
|---|---|
| Status | The Constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of Pakistan. |
| Date Enforced | 14 August 1973 |
| Previous Constitutions | 1956, 1962 |
| Amendments | 1985, 2003, 2010, 2011, 2012, 2017 |
| Branches of Government | Bicameral legislature, executive branch, apex federal judiciary |
| Head of State | President of Pakistan |
| Head of Government | Prime Minister of Pakistan |
| State Religion | Islam |
| Federal Legislative List | 71 subjects |
| Fundamental Rights | Security of person, freedom of speech, freedom of religion, freedom of movement, right to bear arms, etc. |
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What You'll Learn
Pakistan's constitution-making process
Pakistan gained independence from the British Empire in 1947, but it remained a British Dominion until 1956. During this time, the Government of India Act 1935 was amended to serve as a working constitution for Pakistan. However, there was a growing need for a fully independent constitution to be framed by the elected representatives of the people.
The first Constituent Assembly was formed under the Independence Act and was given two functions: to act as a Federal Legislative Assembly or Parliament, and to create a constitution. The first major step in the framing of a constitution for Pakistan was taken by the Constituent Assembly on 12 March 1949, when it passed a resolution on the 'Aims and Objectives of the Constitution', known as the Objectives Resolution. This resolution laid the foundation of the constitution and indicated its broad structure.
The Constituent Assembly of 1947–1954 was followed by another assembly from 1955–1956. After nine years of protracted constitution-making, the Constituent Assembly adopted Pakistan's first constitution on 29 February 1956. It was enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic. This constitution was the fundamental law of Pakistan until the 1958 Pakistani coup d'état.
The current constitution of Pakistan, also known as the 1973 Constitution, was drafted by the government of Zulfikar Ali Bhutto, with assistance from the country's opposition parties. It was unanimously approved by the 5th Parliament on 10 April and ratified on 14 August 1973. The constitution designates the President of Pakistan as a ceremonial Head of State, with the Prime Minister serving as the head of government. The first three chapters of the constitution establish the rules, mandate, and separate powers of the three branches of the government: a bicameral legislature, an executive branch, and an apex federal judiciary headed by the Supreme Court. The constitution also outlines the political system as a federal parliamentary republic and establishes Islam as the state religion.
The constitution-making process in Pakistan has been characterised by competing visions of identity and constitutional design. While state elites have pushed for a homogeneous society and a monolithic national identity, ethnonational minority groups have demanded constitutional recognition of the multiethnic character of Pakistani society. The current constitution has been amended several times, with the most recent amendment being the Twenty-ninth Amendment, presented in the National Assembly in 2017.
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The 1956 Constitution
Pakistan has had two constitutions since its independence from the United Kingdom in 1947: the 1956 Constitution and the current 1973 Constitution. The 1956 Constitution was the first constitution of independent Pakistan. It was adopted by the Constituent Assembly on 29 February 1956 and enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic. The constitution-making process in the Constituent Assembly (1955-1956) produced the 1956 Constitution, which was lengthy and detailed, consisting of 234 articles, 13 parts, and 6 schedules. The constitution was written in Urdu and Bengali, which were made the national languages.
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The 1973 Constitution
Pakistan gained independence from the British Raj in 1947. The first Constituent Assembly of Pakistan was formed in 1947 under the Indian Independence Act, with the first major step in the framing of a constitution occurring in 1949. The country's first constitution was adopted in 1956, and it was enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic. This constitution was the fundamental law of Pakistan until the 1958 Pakistani coup d'état.
The current constitution of Pakistan, also known as the 1973 Constitution, is the supreme law of the country. It was drafted by the government of Zulfikar Ali Bhutto, with assistance from the country's opposition parties, and it was unanimously approved by the 5th Parliament on 10 April 1973 and ratified on 14 August 1973. The 1973 Constitution was the first in Pakistan to be framed by elected representatives. It established a parliamentary form of government with a prime minister as its head and designated the president of Pakistan as a ceremonial head of state. The first six articles of the constitution outline the political system as a federal parliamentary republic system and Islam as its state religion.
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The role of Islam
Pakistan has a written constitution, known as the 1973 Constitution. The constitution is the supreme law of Pakistan and guides the country's law, political culture, and system. It sets out the state's outline, the fundamental rights of the population, the state's law and orders, and the structure and establishment of the institutions and the armed forces.
Islam plays a significant role in the Constitution of Pakistan. The Constitution designates Islam as the state religion and encapsulates provisions stipulating the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah. The Constitution also includes a definition of a Muslim, stating that a Muslim is a person who believes in the unity and oneness of Allah and the absolute and unqualified finality of the prophethood of Muhammad. It further states that a Muslim does not recognise any person who claimed or claims to be a prophet after Muhammad as a prophet or religious reformer.
The Islamic character of the state was one of the two vexatious questions that prevented a consensus among ethnonational groups during the constitution-making processes in the three constituent assemblies of Pakistan. The other question was federalism. The centripetal forces, representing the state elites, aimed to employ Islam as a unifying force in building a centralised Muslim nation-state, despite the multiethnic and deeply divided nature of Pakistani society.
The 1956 Constitution, which was the first constitution adopted by independent Pakistan, incorporated Islamic principles and declared Pakistan an Islamic republic. This was a compromise between the fundamentalist parties, who wanted Islam to be the basis of the Constitution, and the political elites, who wanted to confine the role of Islam to cultural identity. The 1956 Constitution also required that the head of state should be a Muslim.
The current 1973 Constitution provides for a hierarchy of the judicial branch, with the Supreme Court of Pakistan at the top and five High Courts subordinate to it, each working in the four provinces and the federal capital. The Constitution has been amended over time, with the most recent impulses for political upgrades and reforms being amended.
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The country's judiciary
Pakistan's judiciary has undergone a series of changes over time, evolving into an increasingly independent and assertive actor in the country's political landscape. The country's judicial system is structured with the Supreme Court of Pakistan at the apex, presiding over five High Courts, each operating in the four provinces and the federal capital. The lower courts in each province are under the administrative control of their respective High Courts. The judiciary also includes district courts in every district of each province, with civil and criminal jurisdiction.
The Pakistani judiciary's independence has been a key aspect of its evolution. While it initially deferred to the military, a dominant force in the country's politics, the judiciary has progressively asserted its authority and established itself as a significant power centre. This transformation has been influenced by constitutional provisions and judicial innovations, empowering the judiciary to intervene in the actions of other government branches. The judiciary's relationship with the military and executive institutions has been complex, alternating between confrontation and collaboration.
The Supreme Court, established in 1956, is the highest judicial authority in Pakistan, with the power to interpret the Constitution and adjudicate legal and constitutional disputes. It consists of a Chief Justice and sixteen other judges, with additional provisions for acting and ad hoc judges. The Court has permanent seats in Islamabad and branch registries in several major cities. It possesses de jure powers, including appellate and constitutional jurisdiction, and the authority to try human rights matters.
The Federal Shariat Court, established in 1980, is a unique feature of Pakistan's judiciary. It is a constitutional Islamic religious court responsible for scrutinising Pakistani laws and determining their conformity to Islamic values as laid down in the Quran and Sunnah. The Court consists of eight Muslim judges appointed by the President, based on the advice of a judicial committee. The Federal Shariat Court's decisions are binding on the High Courts and the subordinate judiciary, and it plays a crucial role in ensuring the compatibility of secular laws with Islamic principles.
The subordinate judiciary in Pakistan consists of civil and criminal district courts, as well as specialised courts covering a range of areas such as banking, insurance, customs, and environmental matters. These courts operate under the relevant procedural codes and laws, such as the Criminal Procedure Code and the West Pakistan Land Revenue Act. The government also has the authority to establish administrative courts and tribunals for specific matters.
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Frequently asked questions
Yes, Pakistan has a written constitution.
Pakistan's first constitution was enacted by the Constituent Assembly in 1956.
The 1956 Constitution was the fundamental law of Pakistan until the 1958 Pakistani coup d'état. It was written and lengthy, consisting of 234 articles, 13 parts, and 6 schedules. It followed the form of the 1935 Government of India Act, allowing the president far-reaching powers to suspend federal and provincial parliamentary government.
The current constitution of Pakistan is the 1973 Constitution, also known as the Constitution of Pakistan. It was drafted by the government of Zulfikar Ali Bhutto and was unanimously approved by the 5th Parliament on 10 April and ratified on 14 August 1973.
The 1973 Constitution includes fundamental rights such as security of person, safeguards as to arrest and detention, prohibition of slavery and forced labour, freedom of movement, freedom of association, freedom of speech, freedom to profess religion and safeguards to religious institutions, non-discrimination in respect of access to public places and in service, and preservation of languages, script and culture. It also establishes a bicameral legislature, an executive branch governed by the Prime Minister, and an apex federal judiciary headed by the Supreme Court.
