Isabella Carter
The Constitution of Pakistan, first enacted in 1956, has undergone numerous amendments since its inception. The country's first constitution was abrogated in 1958 following a military coup, and subsequent iterations of the constitution have been subject to a series of alterations. The 1973 Constitution, drafted by the government of Zulfiqar Ali Bhutto, was the first to be framed by elected representatives and established Pakistan as a parliamentary democracy. This version of the constitution underwent several amendments, including the Eighth Amendment in 1985, which shifted power from the parliament and prime minister to the president. The Eighteenth Amendment in 2010 reversed this shift, reducing presidential powers. The most recent amendment, the Twenty-Sixth Amendment in 2024, introduced significant changes to the country's judicial system. With a total word count of 56,240 words, the Constitution of Pakistan is currently the 7th lengthiest constitution in the world.
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What You'll Learn
- The Constitution of Pakistan has been amended 26 times as of 2024
- The first constitution was approved in 1956, but abrogated in 1958
- The 1973 constitution was amended 7 times between 1974 and 1977
- General Zia-ul-Haq imposed martial law in 1977, amending the constitution
- The 18th Amendment in 2010 reduced presidential powers
The Constitution of Pakistan has been amended 26 times as of 2024
The Constitution of Pakistan, first enacted in 1973, has been amended 26 times as of 2024. The most recent amendment, the Twenty-Sixth Constitutional Amendment Act, was enacted on 21 October 2024 and introduced landmark reforms to the country's judicial system. This amendment focused on the Supreme Court and High Courts, amending provisions related to the higher judiciary, including jurisdiction and procedures for the appointment of judges.
The Constitution of Pakistan is the supreme law of the land, outlining the country's political system as a federal parliamentary republic with Islam as its state religion. It establishes the rules, mandate, and powers of the three branches of government: a bicameral legislature, an executive branch headed by the Prime Minister, and a federal judiciary led by the Supreme Court. The Constitution also stipulates that all laws must conform to the injunctions of Islam as laid out in the Quran and Sunnah.
Since its enactment, the Constitution has undergone a series of amendments, including minor and major changes. The first amendment was passed in 1974, and it redefined the international and provisional boundaries, federal treaties, and naval treaties of Pakistan. It also removed references to East Pakistan after the recognition of Bangladesh. The Eighth Amendment, passed in 1985, shifted power away from the parliament and Prime Minister towards the President.
The Eighteenth Amendment, enacted in 2010, reversed this trend by reducing presidential powers and transferring authority back to parliament. This amendment also repealed changes made by former President Pervez Musharraf. Subsequent amendments have addressed various issues, including the formation of the Election Commission, minority rights, and military courts.
The Constitution of Pakistan, in its amended form, stands as the 7th lengthiest constitution in the world, with a word count of 56,240 words. These amendments illustrate the evolving legal framework of Pakistan, adapting to the needs and requirements of the nation over time.
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The first constitution was approved in 1956, but abrogated in 1958
Pakistan gained independence from the British Empire in 1947, but it remained a British Dominion until 1956. Following independence, it took three Governor Generals, four Prime Ministers, and two constituent assemblies from 1947 to 1956 to produce the first constitution of Pakistan, which was approved on 29 February 1956 and enforced on 23 March 1956. This lengthy and detailed constitution contained 234 articles, 13 parts, and 6 schedules. It provided for a federal system with the principle of parity between East Pakistan and West Pakistan. The Federal Legislature was to perform like the British Parliament.
However, the 1956 Constitution failed to arrest the political instability that engulfed the country following its promulgation. It was rejected by all Hindu minority parties and the largest Muslim political party, the Awami League, from East Pakistan – demographically the largest province. Due to a lack of consensus among ethnonational groups, the constitution was abrogated in 1958 following the Pakistani coup d'état, and the first martial law in the country was imposed on 7 October 1958. Between its promulgation and abrogation, four federal ministries changed.
The 1956 Constitution was replaced by a new constitution in 1962, enacted by the military dictator General Ayub Khan, who had taken power. This constitution was, in turn, replaced by the current constitution in 1973, which has been amended numerous times. The current constitution was twice suspended by military coups, in 1977 and 1999, but restored in 1985 and 2002, respectively.
The process of creating the first constitution of Pakistan was challenging due to the country's diverse and divided society. The Islamic character of the state and federalism were particularly contentious issues, with ethnonational groups holding differing visions of national identity. Despite these challenges, the 1956 Constitution was a significant milestone in Pakistan's history, representing the country's first step towards full independence and self-governance.
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The 1973 constitution was amended 7 times between 1974 and 1977
The Constitution of the Islamic Republic of Pakistan was adopted in 1973. However, between 1974 and 1977, it underwent a series of seven amendments by the National Assembly.
The first amendment, the Constitution (First Amendment) Act, was enacted in 1974. It amended several articles of the constitution, including Article 1, Article 8, and Article 193. The changes made included provisions regarding political parties operating prejudicial to the sovereignty or integrity of Pakistan and the source of funds for political parties. It also added a new clause to Article 260, referring to the finality of the Prophethood of Muhammad.
The subsequent amendments made during this period are not as well-documented, but they are known to have included both minor and major changes to the constitution. One notable amendment during this time was the introduction of Martial Law by the then Chief of Army Staff, General Muhammad Zia-ul-Haq, in July 1977. While the 1973 Constitution remained the supreme law, certain parts were held in abeyance due to state necessity. This enabled the Chief Martial Law Administrator, who was also the President, to make a series of amendments through amendment orders from 1979 to 1985.
The frequent amendments to the 1973 Constitution of Pakistan during its early years reflect the evolving nature of the country's legal and political landscape. The process of amending the constitution allowed the National Assembly to address emerging issues and concerns, ensuring that the foundational document remained relevant and adaptable to the needs of the nation.
The 1973 Constitution of Pakistan has continued to be amended over the years, with the most recent amendment, the Twenty-Sixth Amendment, taking place in 2024. These amendments demonstrate the dynamic nature of constitutional law and the ongoing efforts to shape and refine the framework that governs the country.
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General Zia-ul-Haq imposed martial law in 1977, amending the constitution
The Constitution of the Islamic Republic of Pakistan was adopted by the National Assembly on April 12, 1973. However, it soon underwent a series of amendments, with seven amendments made between May 8, 1974, and May 16, 1977.
General Zia appeared on national television, promising to hold neutral parliamentary elections within 90 days. However, he postponed the electoral plan in October 1977 and started an accountability process for politicians, demanding the "scrutiny of political leaders who had engaged in malpractice in the past". He imprisoned thousands of political opponents, expanded the jurisdiction of military courts, and imposed strict censorship on the press.
General Zia's regime was characterized by widespread human rights violations and the implementation of a political system aligned with Islamic principles. He remained in power until his death in an airplane crash in 1988. During his rule, he got the new legislature to retroactively accept all of his actions, including the coup of 1977, and passed several amendments, most notably the Eighth Amendment, which granted the president the "reserve powers" to dissolve the Parliament.
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The 18th Amendment in 2010 reduced presidential powers
The Constitution of the Islamic Republic of Pakistan was adopted in 1973. However, it has undergone numerous amendments since then, including major and minor ones. The 18th Amendment, passed in 2010, is notable for significantly reducing presidential powers and shifting the country towards a more parliamentary form of governance.
The 18th Amendment removed the President's ability to dissolve Parliament unilaterally, a power that had been granted by the 8th Amendment in 1985. This change transformed Pakistan from a semi-presidential system to a parliamentary republic, with the President becoming a ceremonial head of state. The Prime Minister's office gained more authority, including the ability to serve more than two terms.
The 18th Amendment also enhanced provincial autonomy by granting self-governing, legislative, and financial powers to provincial authorities. Several ministries were abolished or devolved at the federal level, including the Ministry of Tourism, the Ministry of Women Development, the Ministry of Youth Affairs, and the Ministry of Zakat and Ushr. The amendment also renamed the North-West Frontier Province to Khyber Pakhtunkhwa, honouring the wishes of its Pashtun-majority population.
The bill was passed by the National Assembly on April 8, 2010, and by the Senate on April 15, 2010. It became an act of parliament when President Asif Ali Zardari signed it on April 19, 2010. This amendment was part of a broader effort to counter the sweeping powers amassed by former military rulers and to stabilise Pakistan's political landscape.
The 18th Amendment was a significant milestone in Pakistan's constitutional history, marking a shift away from presidential dominance and towards a more balanced distribution of power between the executive and legislative branches of the government.
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Frequently asked questions
As of 2024, the Constitution of Pakistan has had 26 amendments.
The Constitution of Pakistan has been amended frequently since its inception in 1956. The first amendment was passed in 1974, and there have been multiple amendments every year since, with the exception of 1978, 1980-1984, 1986-1998, 2005-2009, and 2013-2016.
The First Amendment to the Constitution of Pakistan was passed in 1974. It redefined the international and provisional boundaries, federal treaties, and naval treaties of Pakistan. It also eliminated references to East Pakistan after the recognition of Bangladesh.
The most recent amendment to the Constitution of Pakistan is the Twenty-Sixth Amendment, enacted on October 21, 2024. This amendment introduced landmark reforms to Pakistan's judicial system, with a focus on the Supreme Court and High Courts.
