Isabella Carter
The Constitution of Pakistan outlines the offices of the President, Prime Minister, and the Parliament. The President of Pakistan is the ceremonial head of state and the commander-in-chief of the Pakistan Armed Forces. The Prime Minister is the chief executive and is responsible for running the federal government. The Parliament is bicameral, with the National Assembly as the lower house and the Senate as the upper house. The Constitution also establishes a federal government of four provinces, with a division of powers between the centre and the provinces. The Constitution has been amended over time, with the most recent impulses for political upgrades and reforms being amended.
| Characteristics | Values |
|---|---|
| Country name | Islamic Republic of Pakistan |
| Type of government | Federal parliamentary republic system |
| State religion | Islam |
| Legal system | Compliance with Islamic injunctions contained in the Quran and Sunnah |
| Amendment procedure | Two-thirds majority in both houses of the bicameral Parliament |
| Head of State | President |
| Prime Minister | Chief executive of the executive branch |
| Judiciary | Supreme Court, Federal Shariat Court, High Courts of five provinces, district, anti-terrorism, and green courts |
| Provinces | Four |
| Caretaker Prime Minister | Appointed during a period of up to 60 days between the completion of the National Assembly's term and general elections |
| Provincial divisions | Divisions, districts, and subdistricts (tehsils, or tahsils) |
| Provincial administration | Divisional commissioner, deputy commissioner, subdivisional magistrate, subdivisional officer, or tehsildar (tahsildar) |
| Judicial system under British Raj | Resemblance to Anglo-Saxon countries |
| Constitutional instruments | Shaped by centripetal and centrifugal forces representing state elites and diverse ethnic, linguistic, cultural, and regional groups respectively |
| Constitutional amendments | Twenty-fifth (2017), Twenty-sixth (2017), Twenty-seventh (2017), Twenty-eighth (2017) |
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What You'll Learn
The President of Pakistan
The role of the president has changed over time. The 1956 constitution allowed the president far-reaching powers to suspend federal and provincial parliamentary government, and the 1962 constitution granted the president all executive powers, abolishing the office of the prime minister. However, the 1973 constitution established parliamentary democracy and reduced the president's role to a ceremonial one. The 8th Amendment turned Pakistan into a semi-presidential republic, with executive power shared by the president and prime minister between 1985 and 2010. The 18th Amendment in 2010 restored parliamentary democracy and reduced the presidency to a ceremonial position.
The constitution prohibits the president from directly running the government. Instead, the executive power is exercised on the president's behalf by the prime minister, who keeps the president informed on all matters of internal and foreign policy, as well as all legislative proposals. The president also appoints the governors of provinces, the chief election commissioner, and members of the Election Commission of Pakistan, all on the advice of the prime minister. The president may also remove the prime minister when they fail a confidence vote from the National Assembly.
The president has the power to grant pardons, reprieves, and clemency in cases recommended by the executive and judiciary, and has absolute constitutional immunity from criminal and civil proceedings during their term of office. The president also has the power to summon and prorogue sessions of Parliament, and may address either the National Assembly or the Senate, or both houses jointly.
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The Prime Minister
The office of the prime minister of Pakistan was created after the partition and the establishment of the country in 1947. The first prime minister, Liaquat Ali Khan, was appointed by the then governor-general of Pakistan, Muhammad Ali Jinnah, and he led his administration from 15 August 1947.
The Constitution of Pakistan vests executive powers in the prime minister, who serves as the chief adviser to the president of Pakistan on critical matters. The prime minister holds office by virtue of their ability to command the confidence of the National Assembly. After obtaining a vote of confidence, the prime minister is invited by the president to take the oath of office and form the government.
The office of the prime minister has not always existed in Pakistan. The first set of the Constitution in 1956 gave central power to the prime minister, but the next six prime ministers were dismissed by the governor-general from 1951 until 1957. In 1958, President Iskandar Mirza dismissed the seventh prime minister and imposed martial law, and the post ceased to exist until 1969. The 1962 Constitution completely dissolved the office of the prime minister as all powers were transferred to the president. The post was re-established in 1973 with more central powers, as the constitution provided a parliamentary system with the president as a figurehead. However, the office ceased to exist again after another period of martial law in 1977. After the 1985 general elections, the office was re-established, and executive powers were shared between the president and prime minister until 1997, when the prime minister again received sole executive powers.
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Federalism
Pakistan is a federal parliamentary republic, with powers shared between the Federal government and the provinces. The Constitution of Pakistan established and constituted the federal government of four provinces of the federation of the nation-state, known as the State of Pakistan. The Constitution reads: "The Federal Government is Subject to the Constitution. The executive authority of the Federation shall be exercised in the name of the President by the Federal Government, consisting of the Prime Minister and the (Federal) Minister."
The Constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state. The President acts as a figurehead, while the people-elected Prime Minister acts as the chief executive of the executive branch and is responsible for running the federal government. The President resides in an estate in Islamabad known as Aiwan-e-Sadar (President's House). In his absence, the Chairman of the Senate exercises the responsibilities of the post. The President is indirectly elected by the Electoral College for a five-year term. The Constitution requires the President to be a "Muslim of not less than forty-five (45) years of age".
The Constitution also outlines the fundamental rights and freedoms of speech, religion, press, movement, association, thought, and intellectual, life, liberty, and property, as well as the right to bear arms. The Constitution stipulates the legal system's compliance with Islamic injunctions contained in the Quran and Sunnah. The Parliament cannot make any laws that may be repugnant or contrary to the Constitution; however, the Constitution itself may be amended by a two-thirds majority in both houses of the bicameral Parliament.
The federal framework of Pakistan was significantly reformed by the 18th Amendment, which adjusted the formula for sharing finances between the provinces. The amendment was followed by a significant devolution of administrative responsibility to the provinces. The power of the provinces and the Federal government is defined by the Constitution, and legislative powers are divided into twenty lists. The Concurrent List was abolished after the 18th Amendment, and most powers were transferred to the provinces. The Council of Common Interests or CCI was established as a body to solve disputes between the federation and the provinces.
Pakistan's federal system has received much less attention than its neighbour, India, despite the two countries sharing the same constitutional background. Pakistan's federal system has undergone significant transformations since the country adopted its first constitution in 1956. While the formally federal nature of the state has been a constant feature in constitutions promulgated by both civilian and military regimes, centre-province tensions have occurred regularly over issues ranging from provincial representation in key institutions to the equitable distribution of resources among the provinces.
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The judiciary
The Constitution of Pakistan outlines a formal division between the judiciary and the executive branches of government. Pakistan's judiciary is headed by the Supreme Court, which was established in 1956 and consists of a Chief Justice and sixteen other judges. The Supreme Court is the apex court in Pakistan's judicial hierarchy and is the final arbiter of legal and constitutional disputes. The Chief Justice of Pakistan is appointed by the President, while the other judges are appointed by the President after consultation with the Chief Justice. A judge of the Supreme Court holds office until the age of 65, unless they resign or are removed in accordance with the Constitution. The Supreme Court has a permanent seat in Islamabad and branch registries in Lahore, Peshawar, Quetta, and Karachi.
Below the Supreme Court are the Federal Shariat Court, High Courts of five provinces, district, anti-terrorism, and green courts. The Federal Shariat Court is a constitutional Islamic religious court established in 1980 to scrutinise Pakistani laws and determine if they conform to Islamic values "as laid down in the Quran and the Sunnah". The court consists of eight Muslim judges, appointed by the President on the advice of a judicial committee of the Chief Justices of the Supreme Court and the Federal Shariat Court. The High Courts consist of a Chief Justice and other judges determined by law or fixed by the President. The age limit for a High Court judge is a minimum of 45 years, and they hold office until the age of 62.
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Fundamental rights and freedoms
The Constitution of Pakistan was first approved in 1956, but this was abrogated in 1958 after a military coup d'état. The second constitution was approved in 1962, granting executive power to the president and abolishing the office of prime minister. The 1973 Constitution of Pakistan is the country's third and current constitution. It was passed unanimously by the National Assembly, with all major political parties agreeing on the draft and signing it before it was presented.
The 1973 Constitution outlines fundamental rights and freedoms for Pakistani citizens, which are covered under Chapter II, Article 8 to 28. According to Article 8, any laws that contradict or infringe upon the rights granted in this Chapter are void.
Some of the fundamental rights and freedoms outlined in the Constitution include:
- Freedom of movement: Article 15 guarantees the freedom of movement and the freedom to reside and settle in any part of the country.
- Freedom of association: Article 17 protects the right of citizens to form political parties, associations, and unions.
- Freedom of speech, expression, and press: Article 19 grants every citizen the right to hold and express opinions and the freedom of speech and the press.
- Right to education: Article 25-A guarantees the provision of free and compulsory education to all children aged 5-16 years.
- Equality and non-discrimination: The Constitution states that all citizens are equal under the law and prohibits discrimination based on sex, race, religion, caste, residence, or place of birth. Special provisions are specified for women and children.
The Constitution of Pakistan establishes a federal parliamentary republic system with Islam as its state religion. It designates the President of Pakistan as the ceremonial Head of State, while the Prime Minister acts as the chief executive and is responsible for running the federal government.
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Frequently asked questions
The Constitution of Pakistan outlines the roles of the President, Prime Minister, Federal Secretaries, and the judiciary.
The President of Pakistan is the ceremonial head of state and the commander-in-chief of the Pakistan Armed Forces. The President is indirectly elected by the Electoral College for a five-year term and must be a Muslim of at least 45 years of age.
The Prime Minister is the chief executive of the executive branch and is responsible for running the federal government. The Prime Minister is directly elected by the people and is the most influential official in the government.
The Federal Secretaries are the highest-ranking bureaucrats in Pakistan and run cabinet-level ministries and divisions. They are considered to be the most influential officials in the government after the Prime Minister.
The judiciary in Pakistan is independent of the executive branch and consists of the Supreme Court, Federal Shariat Court, High Courts of five provinces, district courts, and anti-terrorism courts. The judiciary is responsible for interpreting the laws and ensuring that they are in line with the Constitution.
