Omar Bennett
The Constitution of 1956 was Pakistan's first constitution, marking its independence from the British Raj and its status as a dominion. The constitution was adopted on 29 February 1956 and enforced on 23 March 1956, officially naming the country the Islamic Republic of Pakistan. This article explores the historical context, key characteristics, and impact of the 1956 Constitution on Pakistan's political system and society.
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What You'll Learn
The official name 'Islamic Republic of Pakistan' was adopted
Pakistan gained independence from the British Raj in 1947, but it remained a British Dominion until 1956. Following the adoption of a constitution in India in 1950, Pakistani lawmakers began working on their constitution. After nine years of protracted constitution-making, the Constituent Assembly adopted the Constitution of 1956 on 29 February 1956, and it was enforced on 23 March 1956. With this, Pakistan's status as a dominion ended, and the country officially became the Islamic Republic of Pakistan.
The Constitution of 1956 was lengthy and detailed, consisting of 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 function like the British Parliament. The Centre was invested with the power to take unilateral action in an emergency and influence provincial autonomy. The Constitution provided for a parliamentary form of government, where the real executive authority was vested in a cabinet, collectively responsible to the legislature. The cabinet was presided over by the Prime Minister. The President was the head of state and was required to be a Muslim of at least forty years of age, with a tenure of five years.
The Constitution of 1956 also had significant religious provisions. It designated Islam as the state religion and stipulated that the legal system must comply with Islamic injunctions contained in the Quran and Sunnah. It also included the Objectives Resolution as a preamble, affirming the role of democracy and enabling society to adhere to Islamic teachings. The resolution laid the foundation for the constitution and indicated its broad structure.
Despite its significance, the 1956 Constitution failed to arrest the political instability in the country. It was rejected by all Hindu minority parties and the largest Muslim political party from East Pakistan. Due to a lack of consensus among ethnonational groups, the Constitution was abrogated in 1958 after a military coup d'état, and the first martial law was imposed. The current constitution of Pakistan, enacted in 1973, has been amended multiple times to address the country's evolving needs.
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It was Pakistan's first constitution
Pakistan gained independence from the British Raj in 1947, and until 1956, it remained a British Dominion. During this time, the Government of India Act 1935 was adapted to serve as the working constitution of Pakistan. However, there was a growing need for a fully independent constitution, framed by the elected representatives of the people.
The first Constituent Assembly was formed under the Independence Act, and it had two functions: to act as a Federal Legislative Assembly or Parliament until the new constitution came into effect, and to draft the new 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. It affirmed the role of democracy and included religious provisions to enable society to adhere to the teachings of the Quran and Sunnah.
The constitution-making process was protracted and challenging, taking nine years, three Governor Generals, four Prime Ministers, and two constituent assemblies to produce the first constitution, which was finally adopted in 1956. This constitution was Pakistan's first and served as the fundamental law of the country from March 1956 until the 1958 Pakistani coup d'état. It was lengthy and detailed, consisting of 234 articles, 13 parts, and 6 schedules. The constitution provided for a federal system, with the principle of parity between East Pakistan and West Pakistan. It also established a parliamentary form of government, with a unicameral legislature. The real executive authority was vested in a cabinet, presided over by the Prime Minister, and the President was designated as the head of state.
The 1956 Constitution officially adopted the name "Islamic Republic of Pakistan", and it included the Objectives Resolution as a preamble. It also declared that only a Muslim could be elected as President, and it set out the requirements for the President's age and term length. The constitution was enforced on 23 March 1956, a day now celebrated as Republic Day in Pakistan.
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It was lengthy and detailed
The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was the country's first constitution, and it took nine years, three Governor Generals, four Prime Ministers, and two constituent assemblies to come to fruition.
The Constitution of 1956 was lengthy and detailed, consisting of 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, and the Centre was invested with the power to take unilateral action in an emergency, influencing provincial autonomy.
The Constitution of 1956 provided for a parliamentary form of government, where real executive authority was vested in a cabinet, collectively responsible to the legislature. The Prime Minister presided over the cabinet. The Constitution designated the President of Pakistan as the Head of State, who was to represent the unity of the state. The President had to be a Muslim of at least forty years of age, and could serve a maximum of two terms of five years each.
The Constitution also included an Objectives Resolution as a preamble, which laid the foundation for the constitution and indicated its broad structure. This resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah.
The Constitution of 1956 was never fully implemented, as no elections were held before it was abrogated in 1958 following a military coup d'état. Despite its detailed provisions, it failed to arrest the political instability in the country at the time.
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It was inspired by a parliamentary form of government
The 1956 Constitution of Pakistan was the first constitution of the country, adopted on 29 February 1956 and enforced on 23 March 1956. It was the fundamental law of Pakistan until the 1958 Pakistani coup d'état. The constitution was inspired by a parliamentary form of government, with a unicameral legislature. The President was the head of state and the Prime Minister the head of government. The President was required to be a Muslim of at least forty years of age and could serve a maximum of two terms of five years each. The Prime Minister was to be appointed from among the MNAs by the President and had to take a vote of confidence from the house within two months.
The parliamentary system of government in Pakistan's 1956 Constitution was designed to provide for a federal system in the country. Powers were divided between the centre and the provinces, with subjects being divided into three lists: the Federal List, the Provincial List, and the Concurrent List. The Federal Legislature was to function similarly to the British Parliament. While the Centre was given powers to take unilateral action in emergencies, it could also influence provincial autonomy. The constitution also provided for the principle of parity between East Pakistan and West Pakistan, with each wing of the country being given representation in the National Assembly.
The parliamentary form of government in Pakistan's 1956 Constitution was also intended to establish the country as an Islamic republic. The Objectives Resolution, which had been passed by the Constituent Assembly in March 1949, was included as a preamble to the constitution. This resolution affirmed the role of democracy and contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The constitution also declared that only a Muslim could become the President of the country and that the President would set up an Organization for Islamic Research. Good relations with Muslim countries became the main objective of foreign policy.
The process of drafting and adopting the 1956 Constitution of Pakistan was a protracted one, involving three Governor Generals, four Prime Ministers, and two constituent assemblies. The first Constituent Assembly, formed under the Indian Independence Act, took the first major step in framing a constitution for Pakistan on 12 March 1949 when it passed the Objectives Resolution. The resolution was moved by Liaquat Ali Khan, the first Prime Minister of Pakistan. However, the constitution-making process was challenging due to the need to balance the Islamic character of the state with federalism and the lack of consensus among ethnonational groups. Despite these challenges, the Constituent Assembly successfully adopted the constitution on 29 February 1956.
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It was abrogated in 1958 after a military coup
The Constitution of 1956 was the fundamental law of Pakistan from March 1956 until the 1958 Pakistani coup d'état. It was abrogated on 7 October 1958 when martial law was declared by President Iskander Mirza, who described the constitution as "unworkable" and full of "dangerous compromises". This was the first military coup in Pakistan, which resulted in the toppling of President Mirza by Muhammad Ayub Khan, the commander-in-chief of the Pakistan Army.
The Constitution of 1956 was the product of nine years of protracted constitution-making processes in three constituent assemblies of Pakistan (1947-1954, 1955-1956, and 1972-1973). It was the first constitution adopted by independent Pakistan and contained 234 articles, 13 parts, and 6 schedules. The constitution 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, with the centre invested with the power to take unilateral action in an emergency and influence provincial autonomy. The constitution also provided for a parliamentary form of government, where the real executive authority was vested in a cabinet, collectively responsible to the legislature and presided over by the Prime Minister.
The 1956 Constitution was rejected by all Hindu minority parties and the largest Muslim political party, the Awami League, from East Pakistan. Due to a lack of consensus among ethnonational groups, the constitution failed to arrest the political instability that engulfed the country following its promulgation. The quick succession of prime ministers as a result of Iskander Mirza's controversial actions, including his One Unit scheme, fostered the view within the military that the public would support a coup.
The coup was received positively in Pakistan as a relief from unstable governments and weak political leadership. There was hope that strong central leadership could stabilise the economy and promote modernisation and the restoration of a stable form of democracy. Ayub Khan combined the offices of president and prime minister, becoming both the head of state and government. He created a cabinet of technocrats, diplomats, and military officers, and obtained judicial validation of his take-over under the "Doctrine of necessity".
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Frequently asked questions
The official name given to Pakistan in the 1956 Constitution was the Islamic Republic of Pakistan.
The 1956 Constitution was the first constitution of Pakistan, which became independent in 1947. It was enforced on 23 March 1956 and consisted of 234 articles, 13 parts, and 6 schedules.
The 1956 Constitution provided for a federal system with the principle of parity between East and West Pakistan. It also established a parliamentary form of government, with a unicameral legislature. The constitution declared that the President must be a Muslim and that the country's official languages would be Urdu and Bengali, with English to be used for the first twenty years.
The first Constituent Assembly of Pakistan, formed in 1947, drafted the 1956 Constitution. Prime Minister Liaquat Ali Khan authored the first annexe in 1950, which paved the way for the Constitution. The second Constituent Assembly (1955-1956) worked with opposition parties to formulate the Constitution, which was finally promulgated in 1956 under Prime Minister Chaudhry Muhammad Ali.
The 1956 Constitution was in effect for two years until it was abrogated in 1958 after a military coup d'état. This led to the imposition of the country's first martial law. The current constitution of Pakistan was enacted in 1973.
