Eleanor Finch
Pakistan's first constitution was approved in 1956, nine years after the country gained independence from British rule. The constitution-making process was fraught with conflict, and the 1956 constitution failed to stabilise the country politically. It was abrogated in 1958 following a military coup d'état, and the country's first martial law was imposed. Pakistan's subsequent constitutions in 1962, 1973 and beyond have reflected the country's turbulent political history and struggles between various factions.
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What You'll Learn
The 1956 Constitution was Pakistan's first
The 1956 Constitution was the product of a nine-year protracted constitution-making process. It was framed by the second Constituent Assembly, which was formed in May 1955. The Assembly adopted the Constitution on 29 February 1956, and it was enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic. 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 cabinet was presided over by the Prime Minister, and the Queen of Pakistan was replaced by a President, who was to be elected by the Electoral College of Pakistan.
The 1956 Constitution was lengthy and detailed, consisting of 234 articles, 13 parts, and 6 schedules. It granted familiar democratic rights and freedoms, such as freedom of speech, assembly, and movement, as well as civil rights, such as the right to life and property. It also recognised Islam as the state religion and stipulated that the legal system must comply with Islamic injunctions contained in the Quran and Sunnah.
Despite its comprehensive nature, the 1956 Constitution failed to arrest the political instability in Pakistan. It was rejected by all Hindu minority parties and the largest Muslim political party from East Pakistan. This lack of consensus among ethnonational groups ultimately led to the abrogation of the 1956 Constitution following the imposition of the first martial law in the country on 7 October 1958.
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The 1956 Constitution was lengthy and detailed
The 1956 Constitution of Pakistan was the first to be adopted by independent Pakistan. It was the fundamental law of the country from March 1956 until the 1958 Pakistani coup d'état. The constitution was lengthy and detailed, comprising 234 articles, 13 parts, and 6 schedules. It provided for 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 collectively responsible to the legislature.
The 1956 Constitution replaced the Queen of Pakistan with a President, who was to be elected by the Electoral College of Pakistan, composed of members of the National Assembly and Provincial Assembly. It maintained equality between East and West Pakistan, with the Federal Legislature performing like the British Parliament. The constitution also granted familiar democratic rights and freedoms, such as freedom of speech, assembly, movement, and profession, as well as civil rights, including the right to life, liberty, and property, with the usual qualifications and safeguards.
The process of drafting the 1956 Constitution was protracted and challenging. It took nine years, three Governor-Generals, four Prime Ministers, and two Constituent Assemblies to produce the final document. The first Constituent Assembly, formed in 1945, was dissolved in 1954 before it could complete the task. The second Constituent Assembly, formed in 1955, successfully framed and passed the constitution.
The 1956 Constitution was significant as it provided a framework for the governance of Pakistan, outlining the country's political system as a federal parliamentary republic, with Islam as its state religion. However, it failed to arrest the political instability in the country, and ethnonational groups could not reach a consensus on its design. This ultimately led to its abrogation following the imposition of the first martial law in 1958.
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The 1956 Constitution was abrogated in 1958
The 1956 Constitution of Pakistan was the country's first and served as the fundamental law of the land from March 1956 until the 1958 Pakistani coup d'état. It was the product of nine years of efforts by the Constituent Assembly, which had been formed in 1947 to draft a constitution for the newly independent nation. Pakistan became an independent nation-state on 14 August 1947 following the dissolution of the British Indian Empire and its partition into two independent sovereign countries: India and Pakistan.
The 1956 Constitution was lengthy and detailed, consisting of 234 articles, 13 parts, and 6 schedules. It provided for a federal system with parity between East and West Pakistan, and a parliamentary form of government with executive authority vested in a cabinet led by the Prime Minister. It also established a unicameral legislature, with only one house of parliament, known as the National Assembly.
However, the 1956 Constitution failed to arrest the political instability that engulfed the country following its promulgation. There was a lack of strong leadership, political training, and economic equality. The civilian government was incompetent and inexperienced, and the many political parties that had formed often lacked clear political goals, fighting against one another to gain power. The constitution also introduced a unicameral legislature, depriving provinces of a truly federal forum to sort out their differences.
As a result of these factors, the 1956 Constitution was abrogated in 1958, and the first martial law in the country's history was imposed by President Iskander Mirza. General Ayub Khan then took over the administration of the country, deposing and exiling Mirza, and appointed a team to draft a new constitution, which became the 1962 Constitution.
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The 1956 Constitution was replaced by the 1962 Constitution
The 1956 Constitution was Pakistan's first constitution as an independent state. It was adopted by the Constituent Assembly on 29 February 1956 and enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic. 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 and West Pakistan, with the Federal Legislature performing similarly to the British Parliament. It also established a parliamentary form of government, with executive authority vested in a cabinet led by the Prime Minister.
However, the 1956 Constitution was short-lived due to a lack of consensus among ethnonational groups. It was unable to prevent the political instability that led to the 1958 Pakistani coup d'état. On 7 October 1958, the constitution was abrogated, and martial law was imposed. This action set in motion a series of events that culminated in the creation of the 1962 Constitution.
Following the abrogation of the 1956 Constitution, President Iskander Mirza established special commissions to study various aspects of national life, resulting in reforms across multiple sectors. On 17 February 1960, President Ayub Khan, who had deposed Iskandar and declared himself president, appointed a commission to propose a new constitutional framework. Headed by former Chief Justice Muhammad Shahabuddin, the commission presented its report in April or May 1961.
The 1962 Constitution was promulgated by President Ayub Khan on 1 March 1962 and came into effect on 8 June 1962. This constitution differed from its predecessor by providing for a presidential form of government. It contained 250 articles, 12 parts, and 3 schedules. The 1962 Constitution maintained the principle of parity between East and West Pakistan, with each province having its own provincial government. It also provided for the election of central and provincial legislatures for a term of five years.
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The 1973 Constitution was framed by elected representatives
Pakistan's first constitution was approved in 1956, nine years after the country gained independence from British rule in 1947. However, the 1973 Constitution was the first to be framed by elected representatives.
The 1956 Constitution was lengthy and detailed, containing 234 articles, 13 parts, and 6 schedules. It provided for a parliamentary form of government, with a unicameral legislature. The real executive authority was vested in a cabinet presided over by the Prime Minister. It also declared that there would be only one house of parliament, known as the National Assembly, and equality between East and West Pakistan was maintained in it. The Queen of Pakistan was replaced by a President, who was to be elected by the Electoral College of Pakistan, composed of members of the National Assembly and Provincial Assembly. The 1956 Constitution also granted familiar democratic rights and freedoms, such as freedom of speech, assembly, and movement, as well as civil rights such as the right to life, liberty, and property.
However, the 1956 Constitution failed to arrest the political instability that engulfed the country. It was rejected by all Hindu minority parties and the largest Muslim political party from East Pakistan. This lack of consensus among ethnonational groups ultimately led to its abrogation and the imposition of the first martial law in the country in 1958.
The 1973 Constitution was enacted by the third constituent assembly and provided for a parliamentary form of government with a bicameral legislature, comprising the National Assembly and the Senate. Unlike the 1962 Constitution, it gave Pakistan a parliamentary democracy with executive power concentrated in the office of the Prime Minister. The 1973 Constitution also created institutions such as the Shariat Court and the Council of Islamic Ideology to channel the interpretation and application of Islam.
The 1973 Constitution has been suspended twice due to military coups in 1977 and 1999, and it was restored in 1985 and 2002 with amendments that shifted power from the parliament and Prime Minister to the President. Despite these interruptions, the 1973 Constitution remains the current constitution of Pakistan, reflecting the country's gradual strengthening of democratic tenets.
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Frequently asked questions
The first constitution of Pakistan was approved in 1956, nine years after the country gained independence from British rule. It was abrogated in 1958 following a military coup d'état.
The 1956 Constitution of Pakistan established the country as an Islamic republic. It provided for a parliamentary form of government, with a unicameral legislature. It also replaced the Queen of Pakistan with a President, who was to be elected by the Electoral College of Pakistan.
The Objectives Resolution was passed in March 1949 by the Constituent Assembly to lay the foundation and outline the structure of the Constitution. It defined the basic directive principles of the new state and declared state recognition of the sovereignty of Allah.
The 1956 Constitution of Pakistan contained 234 articles, divided into 13 parts and 6 schedules.
Liaquat Ali Khan was the first Prime Minister of Pakistan.
