Malcolm Rivera
Pakistan's first constitution was approved by the Constituent Assembly in 1956. This was the country's first Constituent Assembly, which was dissolved by the Governor-General of Pakistan, Ghulam Muhammad, in October 1954. The second Constituent Assembly, convened in May 1955, drafted and passed the first Constitution of Pakistan, which was promulgated on 23rd March 1956. This constitution established Pakistan as an Islamic republic with a parliamentary system of government and a unicameral legislature. However, it was abrogated in 1958 following a military coup d'état. Since then, Pakistan has had two more constitutions, with the current one being ratified in 1973.
| Characteristics | Values |
|---|---|
| Date of approval | 29 February 1956 |
| Date of promulgation | 23 March 1956 |
| Type of government | Parliamentary |
| Legislature | Unicameral |
| First draft | May 1955 |
| First Constitution Assembly | Dissolved in October 1954 |
| Second Constitution Assembly | Convened on 28 May 1955 |
| First Constitution Assembly | Established Pakistan as an Islamic Republic |
| Abrogation | 7 October 1958 |
| Reason for abrogation | Martial Law |
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What You'll Learn
The first constitution was approved in 1956
Pakistan's first constitution was approved in 1956. The constitution was framed by the second Constituent Assembly, which was convened in May 1955. It was promulgated on 23 March 1956 and established Pakistan as an Islamic Republic. The constitution provided for a parliamentary form of government with a unicameral legislature.
The first Constituent Assembly, which was tasked with framing the constitution in 1947, was dissolved by the Governor-General of Pakistan, Ghulam Muhammad, in October 1954, before the final draft of the constitution could be approved. The second Constituent Assembly took up the task and framed and passed the first constitution of Pakistan on 29 February 1956.
The 1956 constitution was abrogated in 1958 after a military coup d'état. The country's second constitution was approved in 1962. It provided for a presidential form of government and abolished the office of the prime minister. The 1962 constitution was abrogated in 1969.
The 1956 constitution was the culmination of a nearly decade-long process that began in 1947, when the task of framing a constitution was first entrusted to the Constituent Assembly. The Constituent Assembly also functioned as the interim legislature under the 1935 Government of India Act, which served as the interim constitution of Pakistan until the adoption of the 1956 constitution.
The 1956 constitution included a "parity formula," which provided for representation in the National Assembly for East and West Pakistan to be decided on a parity basis, rather than by population. This formula was later abandoned, leading to a political crisis in 1970-71.
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It was abrogated in 1958 after a military coup
The first constitution of Pakistan was approved by the country's Constituent Assembly on March 11, 1956, and it came into effect on March 23, 1956. It was a significant milestone in the nation's history as it established a parliamentary form of government with an Islamic democratic republic. However, this constitution had a very short lifespan as it was abrogated just two years later in 1958.
The abrogation took place following a military coup led by General Muhammad Ayub Khan on October 7, 1958. This coup d'état marked the beginning of a period of military rule in the country. General Ayub assumed power as the country's first military dictator and immediately imposed martial law, suspending the constitution and dissolving the civilian government.
The military regime justified its actions by claiming that the civilian government was inefficient and corrupt, and that a strong central leadership was needed to bring stability and progress to the country. General Ayub believed in a strong, centralized form of government and felt that the parliamentary system, as outlined in the 1956 constitution, was unsuitable for Pakistan.
As a result, the constitution was abrogated, and the work begun on a new constitution that would reflect Ayub's vision for the country. This led to the creation of the 1962 constitution, which established a presidential form of government with a strong executive branch. The new constitution vested significant powers in the hands of the president, who was also the head of the military, and reduced the role and power of the legislature.
The abrogation of the 1956 constitution and the imposition of martial law had far-reaching consequences for Pakistan's political development. It marked the beginning of a pattern of military intervention in politics, which would continue for decades to come. The suspension of democratic norms and the concentration of power in the hands of a military dictator set a precedent for future military rulers, who would often justify their actions in the name of restoring law and order and bringing stability to the country.
The period of military rule under General Ayub Khan lasted for over a decade, and while it saw some economic development and stability, it was also marked by political repression, the suppression of civil liberties, and the marginalization of opposition groups. It ultimately ended with the rise of a popular democratic movement that led to the downfall of Ayub's regime and the restoration of democratic rule in the country.
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The second constitution was approved in 1962
The second constitution of Pakistan was approved on 1 March 1962 and came into effect on 8 June 1962. It was promulgated by President Ayub, who had been granted the power to draft a new constitution in a 1959 referendum. The constitution was drafted by a commission headed by the former Chief Justice of Pakistan, Muhammad Shahabuddin, with ten other members from East and West Pakistan. It was a written constitution consisting of 250 articles and 12 parts, and it introduced a presidential form of government with a unicameral legislature.
The constitution provided for a federal system with two provincial governments, each headed by a governor, and a central government. The central legislature was known as the National Assembly, with 157 members. The president, who had to be a Muslim of at least 35 years of age, was to be elected indirectly by an electoral college of 80,000 Basic Democrats, equally distributed between the two provinces. The constitution also provided for elections of the central and provincial legislatures for a term of five years.
The 1962 Constitution included an Advisory Council of Islamic Ideology, which was to make recommendations to the government on how to enable and encourage the Muslims of Pakistan to order their lives according to Islamic principles. It also recognised Urdu and Bengali as the national languages. Furthermore, it laid down fundamental rights, including freedom of speech and expression, the freedom to choose one's profession, and freedom of religion.
The 1962 Constitution was abrogated on 25 March 1969 when martial law was declared, and the country returned to a parliamentary form of government.
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The third constitution was adopted in 1973
The first constitution of Pakistan was enacted by the Constituent Assembly in 1956, establishing the country as an Islamic Republic with a parliamentary system of government and a unicameral legislature. However, this constitution was abrogated in 1958 following a military coup d'etat. The second constitution was approved in 1962, providing for a federal state and a presidential system of government. This constitution was also short-lived, as it was abrogated in 1969 due to the imposition of martial law for a second time.
In 1970, Pakistan held its first general elections, and Mujibur Rahman's Awami League party from East Pakistan secured a majority of the contested seats in the National Assembly. However, the Pakistan People's Party (PPP) joined forces with the military leadership to prevent Mujibur Rahman from forming a government. This, along with other factors, led to the secession of East Pakistan and the formation of Bangladesh in 1971, altering the political landscape of the country.
Following the 1970 elections, the Civil Government came to power in December 1971 and provided the nation with an interim constitution in 1972. The members of the Constituent Assembly that drafted the current constitution were elected in 1970 before the secession of East Pakistan. This Constituent Assembly, formed by members elected from West Pakistan in the 1970 elections, worked on the constitution-making process from 1972 to 1973.
On April 17, 1972, the Pakistan National Assembly adopted an Interim Constitution, which provided for a presidential form of government. A Constitution Committee was formed on the same day to draft a new constitution. The draft constitution was presented on December 31, 1972, and was unanimously passed by the Assembly on April 10, 1973. It was then authenticated by the President on April 12, 1973, and came into full effect on August 14, 1973, as the Constitution of the Islamic Republic of Pakistan, 1973. This was Pakistan's third constitution since the 1935 act.
The 1973 constitution introduced new ideas and guaranteed security to each citizen of Pakistan. It provided a definition of the State, the idea of life, liberty, and property, individual equality, prohibition of slavery, preservation of languages, the right to a fair trial, and safeguards against arbitrary arrest and discrimination. However, it did not enjoy the support of two out of the then four provinces of Pakistan, namely NWFP (now Khyber Pakhtunkhwa) and Balochistan. The PPP, which had majority seats in the assembly from Punjab and Sindh, formed the federal government and provincial governments in those provinces.
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The current constitution was drafted in 1972-1973
The current Pakistani constitution was drafted between 1972 and 1973, with the country's first constitution being enacted in 1956. Pakistan's constitutional history has been a tumultuous process, characterised by competing visions of identity and federalism. The current constitution was shaped by the secession of East Pakistan (now Bangladesh) in 1971, which altered the country's political landscape. The Constituent Assembly that drafted the current constitution was formed by members elected in 1970, prior to this secession.
The first constitution, enacted in 1956, established Pakistan as an Islamic Republic with a parliamentary system of government and a unicameral legislature. However, it was abrogated in 1958 following a military coup d'état, leading to the imposition of martial law. This was followed by the 1962 Constitution, drafted by a military-appointed Constitution Commission. The 1962 Constitution provided for a federal state and a presidential system, institutionalising the military's intervention in politics.
The secession of East Pakistan in 1971 significantly impacted the constitutional landscape. The Pakistan People's Party (PPP) formed the government and partially enacted the 1962 Constitution. An Interim Constitution was adopted in 1972, paving the way for the drafting of a new constitution. The Constituent Assembly members, elected in 1970, worked on the new constitution, which was signed and adopted in the National Assembly in 1973.
The 1973 Constitution introduced novel ideas, guaranteeing security and rights to all Pakistani citizens. It provided a definition of the state, enshrined life, liberty, and property rights, affirmed individual equality, prohibited slavery, promoted language preservation, and ensured the right to a fair trial. However, it did not have the support of two out of the then four provinces: NWFP (now Khyber Pakhtunkhwa) and Balochistan. Despite this, the 1973 Constitution remains the current governing document of Pakistan, undergoing amendments and reinstatements over the years to adapt to the country's evolving political landscape.
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Frequently asked questions
The first constitution of Pakistan was approved by the Constituent Assembly in 1956.
The 1956 constitution followed the 1935 Government of India Act, which was the interim constitution. It allowed the president far-reaching powers to suspend federal and provincial parliamentary government and included a "parity formula" for representation in the National Assembly for East and West Pakistan. The 1956 constitution also established Pakistan as an Islamic Republic.
The British imperial government granted independence to its Indian colony after World War II, enacting the Indian Independence Act. This led to the creation of the Constituent Assembly in 1947, which was tasked with framing the first constitution of Pakistan. The Constituent Assembly passed the Objectives Resolution in March 1949, defining the basic directive principles of the new state and declaring recognition of the sovereignty of Allah.
The 1956 constitution was abrogated in 1958 after a military coup d'état. Pakistan's second constitution was approved in 1962, followed by the third constitution in 1973. The current constitution of Pakistan, adopted in 1973, has undergone amendments and reinstatements over the years, with the most recent National Assembly elections held in 2018.
