Eleanor Finch
Pakistan's constitutional development since its independence in 1947 has been marked by periods of political turbulence, constitutional experimentation, democratic governance, and military rule. The country has had multiple constitutions and amendments, with the current constitution, the 1973 Constitution, being the longest-lasting. The 1973 Constitution was drafted by the government of Zulfikar Ali Bhutto and unanimously approved by the 5th Parliament on April 10, 1973, and ratified on August 14, 1973. It outlines the state's structure, the fundamental rights of the population, the state's laws and orders, and the structure of its institutions and armed forces. The 1973 Constitution also establishes a parliamentary democracy, provincial autonomy, and an Islamic ideology council.
| Characteristics | Values |
|---|---|
| Date of enactment | 10 April 1973 |
| Number of laws | 280 |
| Number of schedules | 7 |
| Number of amendments | 25 |
| Official name of the nation | Islamic Republic of Pakistan |
| Type of constitution | Written |
| Type of government | Federal |
| Type of legislature | Bicameral Parliament |
| Upper house | Senate |
| Lower house | National Assembly |
| Eligibility for President and Prime Minister | Muslim of not less than 45 years of age |
| Fundamental rights | 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, preservation of languages, script and culture |
| National language | Urdu |
| Official language | English |
| Interim constitution | Combination of the 1935 Government of India Act and the 1947 Indian Independence Act |
| Number of constitutions | 3 (1956, 1962, 1973) |
| Number of constituent assemblies | 3 (1947-1954, 1955-1956, 1972-1973) |
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What You'll Learn
The 1956 Constitution
Pakistan gained independence from the British Raj in 1947, but it remained a British Dominion until 1956. The Government of India Act of 1935 served as British India's constitution and was revised to align with the Indian Independence Act of 1947. This interim constitutional order remained in place until the Constituent Assembly produced its own constitution.
The first Constituent Assembly, formed under the Independence Act, had 69 members, later increased to 79. On 12 March 1949, the Assembly took the first major step towards framing a constitution for Pakistan by passing a resolution on the 'Aims and Objectives of the Constitution', also known as the Objectives Resolution. This resolution affirmed the role of democracy and included religious provisions to enable Pakistani society to adhere to the teachings of the Quran and Sunnah.
The Objectives Resolution was debated for five days, with non-Muslim members expressing concerns about their position and role in the new policy. Despite this opposition, the Constituent Assembly adopted the first constitution of independent Pakistan on 29 February 1956, and it was enforced on 23 March 1956. With 234 articles, 13 parts, and 6 schedules, the 1956 Constitution was lengthy and detailed.
The Constitution guaranteed certain fundamental rights, including freedom of speech and expression, assembly and association, movement, and profession. It also granted civil rights, such as the rights to life, liberty, and property, with the usual qualifications and safeguards. The judiciary enjoyed full supremacy over the other organs of the state, and Urdu was declared the national language, with English as the official language.
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The 1962 Constitution
The constitution also provided for elections of the central and provincial legislatures for a term of five years, with members elected by the Basic Democrats. The National Assembly was empowered to legislate on central subjects and could also legislate on matters falling under provincial jurisdiction. The power to impose taxes was given to the central legislature.
The Principles of Policy were incorporated into the Constitution, including Islamic provisions dealing with matters such as the Islamic way of life, national integration, social welfare, protection of the rights of minorities, and development of backward areas. The Fundamental Rights outlined in the Constitution included security of person, safeguards against discrimination in services, arrest and detention, prohibition of slavery and forced labour, freedom of movement, association, and speech, preservation of languages, script, and culture, and freedom to profess religion and safeguards to religious institutions.
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The 1973 Constitution
The Constitution designates the President of Pakistan as the ceremonial Head of State, representing the unity of the state. It outlines the political system as a federal parliamentary republic system, with Islam as its state religion. The Constitution stipulates that the legal system must comply with Islamic injunctions contained in the Quran and Sunnah. It also establishes a Bicameral Parliament, consisting of the Senate as the Upper House and the National Assembly as the Lower House.
The Constitution created institutions such as the Shariat Court and the Council of Islamic Ideology to interpret and apply Islam. It has been amended several times, including after a coup d'état in 1977, when an amendment shifted power from the parliament and Prime Minister to the President. Further amendments in 2004 and 2010 continued and then reversed this shift, respectively.
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The role of religion
The Fundamental Rights outlined in the constitution include freedom of speech, freedom of religion, and safeguards to religious institutions. The constitution also preserves the languages, scripts, and cultures of all citizens. The 1973 Constitution guarantees religious freedom to all religious minorities, including Christians, Hindus, and Sikhs, as Islam ensures religious freedom for all of humanity. However, some Muslim clerics attempt to deny this freedom to other faiths, contradicting Islamic principles.
The Pakistani government does not formally ban the public practice of the Ahmadiyya faith, but its practice is severely restricted by law. A 1974 constitutional amendment declared Ahmadis to be a non-Muslim minority because they do not accept Muhammad as Islam's last prophet. Ahmadis are prohibited from referring to their faith as Islam, preaching or propagating it, or inviting others to accept it. They are also restricted from using the standard Muslim greeting and naming their children Muhammad. These restrictions have been used by the government and anti-Ahmadi religious groups to target and harass Ahmadis.
The country's founding father, Quaid-I-Azam, expressed his desire for a secular state in the 1940 Pakistan Resolution. However, Pakistan's political evolution has been influenced by the strength of obscurantists seeking to perpetuate religious divisions. In 1949, the Objectives Resolution pledged the Constituent Assembly to build an Islamic Constitution. This contradiction between a secular state and an Islamic state has characterized the country's constitutional development.
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The impact of military rule
Pakistan has experienced several decades of military rule since its creation in 1947, with periods of direct military governance. Military coups in Pakistan began in 1958 when the military overthrew and exiled President Iskandar Ali Mirza, and the country has since witnessed multiple coup attempts and interventions by the military in politics. The country was under military rule from 1958 to 1971, 1977 to 1988, and 1999 to 2008.
The military's involvement in the country's politics has had a significant impact on Pakistan's democratic development. While democratic transitions were facilitated by military interventions, they were also shaped and limited by military influence. The inability of civilians to establish civilian control over the armed forces has hampered the quality of democracy and impacted multiple dimensions of democratic governance. The military's consistent involvement in politics has prevented the implementation of a long-term nation-building strategy, and its economic interests, including ownership of businesses and participation in infrastructure projects, have further solidified its political strength.
The country's constitution, enacted in 1973, guarantees fundamental rights, provincial autonomy, and local governance. It promotes equality among federating units and establishes a bicameral parliament with a Senate and National Assembly. However, the military's influence has extended to electoral manipulation, impacting the country's electoral landscape. The military's credibility through counterterrorism operations, such as Operation Zarb-e-Azb, has fostered public trust and enhanced its political influence.
Pakistan's military history has also been marked by its involvement in regional conflicts, such as the Soviet-Afghan War, where the country supported the Afghan Mujahideen. The country took in millions of Afghan refugees during this period, which had a lasting impact on Pakistan. Additionally, Pakistan's relationship with the United States has fluctuated, with periods of cooperation and tension. The US withdrew its military assistance in 1967, and Pakistan subsequently declined to renew the lease on the Peshawar military facility.
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Frequently asked questions
Pakistan was founded and gained independence from British colonial rule in 1947.
The first constitution of Pakistan was adopted in 1956. It established Pakistan as an Islamic republic with a parliamentary system. However, it was never implemented due to martial law and the political instability that engulfed the country.
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 ratified on 14 August 1973. The constitution guides Pakistan's law, political culture, and system, and establishes a parliamentary democracy, provincial autonomy, and an Islamic ideology council.
The 1973 Constitution is the supreme law of Pakistan and outlines the fundamental rights of the population, the state's law and orders, and the structure of institutions and the armed forces. It establishes a bicameral legislature, an executive branch headed by the Prime Minister, and an apex federal judiciary headed by the Supreme Court. The constitution also designates the President of Pakistan as the ceremonial Head of State and recognises Islam as the state religion.
Pakistan's constitutional development has been marked by periods of political turbulence, constitutional experimentation, democratic governance, military rule, and frequent amendments. The role of religion and the desire to incorporate Islamic principles into the constitution have also presented challenges in balancing the demands of a diverse and pluralistic society. Additionally, civilian governments have resorted to constitutional amendments to extend their terms and consolidate power, eroding public trust in the constitutional process.
