The Third Constitution Of Pakistan: Enforced In

Pakistan's third constitution was passed on 10 April 1973 by the National Assembly and authenticated by the President of the Constituent Assembly two days later. This constitution was the first in Pakistan to be framed by elected representatives, and it established a parliamentary democracy with executive power concentrated in the office of the prime minister. It also created institutions such as the Shariat Court and the Council of Islamic Ideology. The current constitution has been amended several times, including in 1985, 2004, and 2010, with the most recent impulses for political upgrades and reforms being amended.

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The 1973 constitution was framed by elected representatives

The 1973 Constitution of Pakistan, enacted by the third constituent assembly, was the first in the country's history to be framed by elected representatives. It was passed by the National Assembly of Pakistan on 10 April 1973 and authenticated by the President of the Constituent Assembly two days later. This constitution gave Pakistan a parliamentary democracy, with executive power concentrated in the office of the prime minister. The president, as the formal head of state, was limited to acting on the advice of the prime minister.

The 1973 Constitution also established a centralised federal system and created certain institutions, such as the Shariat Court and the Council of Islamic Ideology, to channel the interpretation and application of Islam. The Constitution designates the President of Pakistan as a ceremonial Head of State, representing the unity of the state. It outlines the political system as a federal parliamentary republic, with Islam as its state religion. It also stipulates that all laws must conform with Islamic injunctions as laid down in the Quran and Sunnah.

The 1973 Constitution has been amended several times, including in 1985 after it was suspended by a military coup in 1977. The Eighteenth Amendment, in 2010, reduced presidential powers and returned the government to a parliamentary democracy. Other notable amendments include the Twenty-Third Amendment (2017), which revived expired provisions of the Twenty-First Amendment with modifications, and the Twenty-Fifth Amendment (2017), which pertained to pension payments to widows of Supreme Court and High Court judges.

The Constitution also provides for a judiciary independent of the executive branch, consisting of the Supreme Court, provincial high courts, district courts, and sessions courts. The Federal Shariat Court, a court of Islamic law (Sharia), was established in the 1980s to ensure that laws passed by parliament conform to Islamic precepts. The independence of the judiciary has been tested at times, notably in 2007 when President Pervez Musharraf replaced several Supreme Court justices.

The 1962 constitution was promulgated by Ayub Khan

Pakistan gained independence from the British Empire in 1947. The first document that served as a constitution for the newly independent state was the Government of India Act, 1935. The first Pakistani Constituent Assembly was elected in 1947, and after nine years of protracted constitution-making, the first indigenous constitution, the Constitution of 1956, was adopted. However, this constitution failed to arrest the political instability that engulfed the entire country, leading to its abrogation and the imposition of the first martial law in the country on 7 October 1958.

General Ayub Khan, who had taken over the reins of power, established special commissions from 1958 to 1961 to study various aspects of national life, resulting in reforms across land tenure, the legal system, administration, and education. On 17 February 1960, he appointed a Constitution Commission under the supervision of Chief Justice Muhammad Shahabuddin to draft another constitution. The report of the Constitution Commission was presented to President Ayub on 6 May 1961 (or 29 April 1961, according to some writers).

President Ayub thoroughly examined the report with his Cabinet and made significant alterations to the entire version, making it entirely different from the one recommended by Chief Justice Muhammad Shahabuddin. The Cabinet finally approved the text of the new constitution in January 1962, and it was promulgated by President Ayub on 1 March 1962, coming into effect on 8 June 1962. The Constitution of 1962 was the fundamental law of the Republic of Pakistan until martial law was declared on 25 March 1969.

The Constitution of 1962 introduced a presidential system and consolidated powers to the President, granting executive power to the president and abolishing the office of the prime minister. It also institutionalised the intervention of the military in politics and provided for a federal system with the principle of parity between East Pakistan and West Pakistan. Each province would run its separate provincial government, with responsibilities and authority listed in the constitution. The central legislature had one house, known as the National Assembly, with 157 members. The constitution also strengthened the Islamic Ideology Council and provided for the election of the president and national and provincial assemblies by something similar to an electoral college, composed of members of local councils.

The 1956 constitution was rejected by Hindu minority parties and the Awami League

Pakistan gained independence in 1947, and it took nine years for the Constituent Assembly to draft the country's first constitution, which was adopted on 29 February 1956 and enforced on 23 March 1956. The 1956 Constitution was the product of a protracted constitution-making process that spanned two constituent assemblies (1947–1954 and 1955–1956). This constitution was rejected by all Hindu minority parties and the largest Muslim political party, the Awami League, from East Pakistan, which was the country's largest province.

The Awami League, led by the firebrand Bengali leader Maulana Bhashani, opposed the 1956 Constitution for providing inadequate autonomy for the Eastern wing. Bhashani even threatened secession to press for greater autonomy, and his party staged a walkout from the Assembly when the Constitution was adopted. Later, the Awami League boycotted the official ceremonies celebrating the inauguration of the Constitution. Despite this opposition, the 1956 Constitution was adopted and enforced.

The rejection of the 1956 Constitution by Hindu minority parties and the Awami League reflected the lack of consensus among ethnonational groups in Pakistan. This lack of consensus contributed to the political instability that engulfed the country following the Constitution's promulgation. The 1956 Constitution failed to address the demands and concerns of these groups, leading to its rejection by the Hindu minority parties and the Awami League.

The Hindu members of the Constitutional Assembly argued that the Objectives Resolution, which formed the basis of the 1956 Constitution, differed from the vision of Muhammad Ali Jinnah (Quaid-e-Azam), the founder of Pakistan. They believed that the resolution did not reflect Jinnah's commitment to a secular state where minorities would have equal rights. This perception led to their rejection of the Constitution.

The rejection of the 1956 Constitution by the Hindu minority parties and the Awami League had significant consequences for Pakistan's political trajectory. The lack of consensus and ongoing political instability ultimately led to the abrogation of the 1956 Constitution in 1958 and the imposition of the first martial law in the country. General Ayub Khan, who took over power, enacted a new constitution in 1962 through an executive order. However, the rejection of the 1956 Constitution highlighted the challenges of accommodating the diverse interests and aspirations of Pakistan's multiethnic and deeply divided society within a single constitutional framework.

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The 1973 constitution established a centralised federal system

The 1973 Constitution of Pakistan was the country's third constitution since the 1935 Act. It was framed by elected representatives, unlike the 1962 constitution, and gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister. The 1973 Constitution established a centralised federal system, with the president as the head of state, representing the unity of the republic. The president is elected by a simple majority of an electoral college consisting of members of the two houses of the federal legislature and the four provincial legislatures. The constitution also created institutions such as the Shariat Court and the Council of Islamic Ideology to interpret and apply Islam, as Islam is the state religion.

The 1973 Constitution was passed by the National Assembly of Pakistan on 10 April 1973 and authenticated by the President of the Constituent Assembly two days later. It established a federal parliamentary republic system, with a formal division between the judiciary and the executive branches of government. The judiciary consists of the Supreme Court, the provincial high courts, and the district and sessions courts that hear civil and criminal cases, respectively. The Supreme Court is the highest court in the land, with original, appellate, and advisory jurisdictions.

The 1973 Constitution has been amended over time, with the most recent impulses for political upgrades and reforms being amended. It was suspended in 1977 following a coup d'état and restored in 1985 with an amendment that shifted power from the parliament and prime minister to the president. Another amendment in 2004 continued this shift, but in 2010, an amendment reduced presidential powers and returned the government to a parliamentary democracy.

The 1973 constitution was suspended by military coups

Pakistan's constitution-making process has been fraught with political turmoil and military interventions. The country's first constitution was approved in 1956 but abrogated in 1958 after the first military coup d'état, led by General Ayub Khan. This set a precedent for future military interventions and the manipulation of the constitution for personal gain.

The 1973 Constitution, Pakistan's third, was a significant milestone as it was the first to be framed by elected representatives. It established a parliamentary democracy, concentrating executive power in the office of the prime minister. However, this constitution was short-lived as it was suspended by another military coup in 1977, led by General Zia-ul-Haq. This period witnessed the heavy Islamization of the country, steering it away from its founding vision.

General Zia-ul-Haq's dictatorship lasted until 1985, when the 1973 Constitution was "restored". However, it was amended to shift power from the parliament and prime minister to the president. This amendment process continued with the Seventeenth Amendment in 2004, further consolidating presidential powers.

In 1999, Pakistan experienced its last military coup when General Pervez Musharraf overthrew the government and declared martial law. This coup was ratified by the top court, and Musharraf became the president in 2001. The 1973 Constitution was once again suspended during this period, only to be restored in 2002 with amendments that reduced presidential powers and returned the government to a parliamentary democracy.

The repeated suspensions of the 1973 Constitution by military coups highlight the fragile nature of Pakistan's democratic institutions and the enduring influence of the military in the country's political landscape. These interventions have had lasting impacts on Pakistan's constitutional framework and the distribution of power between different branches of government.

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