Who Axed Pakistan's First Constitution?

Pakistan's first constitution, which came into effect in 1956, was abrogated in 1958. The country's first constitution was the result of a nine-year constitution-making process involving two constituent assemblies. However, it failed to bring political stability to Pakistan, and the country's first martial law was imposed in 1958, with the constitution being abrogated by President Iskander Mirza, who staged a coup d'état.

Explore related products

The Constitution of the Islamic Republic of Pakistan. --

$33.95

Chequered Past, Uncertain Future: The History of Pakistan

$31.31 $40

The Constitution of Pakistan: A Contextual Analysis (Constitutional Systems of the World)

$40.45 $44.95

India–China Boundary Problem 1846–1947: History and Diplomacy

$49.77 $69.99

Judging the State: Courts and Constitutional Politics in Pakistan (Cambridge South Asian Studies, Series Number 59)

$117.72 $139

Pakistan: The Development of Its Laws and Constitution (British Commonwealth, the Development of Its Laws and Constitutions)

$95

Pakistan's first constitution was abrogated in 1958

However, the 1956 Constitution was not without its controversies. On the final day of its adoption, 29 February 1956, it was rejected by all Hindu minority parties and the largest Muslim political party, the Awami League, from East Pakistan. The rejection highlighted the lack of consensus among ethnonational groups, and the constitution failed to stabilise the country's political instability. This ultimately led to its abrogation.

On 7 October 1958, President Iskander Mirza staged a coup d'état, abrogating the 1956 Constitution and imposing martial law. He appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator and Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator. This marked the first imposition of martial law in Pakistan's history.

The abrogation of the 1956 Constitution was a significant event in Pakistan's constitutional history. It reflected the ongoing challenges in achieving consensus among the country's diverse ethnonational groups and the competing visions of the state's identity. The subsequent imposition of martial law and the enactment of a new constitution through an executive order by the military dictator General Ayub Khan further emphasised the instability and the struggle to establish a durable constitutional framework in the country's early years.

The 1956 constitution was lengthy and detailed

The 1956 Constitution of Pakistan was the country's first constitution. It was a lengthy and detailed document, comprising 234 articles, 13 parts, and 6 schedules. The constitution-making process took nine years, three Governor Generals, four Prime Ministers, and two constituent assemblies.

The constitution-making process began in 1947 with the first Constituent Assembly, which had 69 members, later increased to 79. This assembly took the first major step in framing a constitution for Pakistan on March 12, 1949, by passing 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.

The Objectives Resolution was debated for five days and saw the participation of leading government members and a large number of non-Muslim members, especially from East Bengal. The non-Muslim members expressed concerns about their position and role in the new policy. On the other hand, Muslim scholars and a large portion of Pakistan's population supported the resolution, arguing that it provided minorities with equal rights and no compulsion to adopt or convert to Islam.

The 1956 Constitution of Pakistan established the country as an Islamic republic with a parliamentary form of government. It provided for a federal system with parity between East and West Pakistan. The constitution also declared that there would be only one house of parliament, known as the National Assembly, with equality maintained between the two wings of the country. The constitution 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. It vested executive power in a ceremonial president while the prime minister served as the head of government.

However, despite its comprehensive nature, the 1956 Constitution of Pakistan faced challenges due to political instability and conflicts in the country. It was abrogated in 1958 following the Pakistani coup d'état, leading to the imposition of the first martial law in the country.

It took nine years to produce the first constitution

Pakistan became independent of the United Kingdom in 1947, but it remained a British Dominion until 1956. During this time, the Government of India Act 1935 served as the working constitution of Pakistan. However, there was a growing need for a fully independent constitution to be framed by the elected representatives of the people.

The first Constituent Assembly was formed under the Independence Act and was tasked with two main functions: to act as a Federal Legislative Assembly or Parliament, and to create a 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. Despite this early progress, it would take nine years of protracted constitution-making and two constituent assemblies (1947-1954 and 1955-1956) before the first constitution of Pakistan was adopted.

The process of drafting the constitution involved three Governor Generals, four Prime Ministers, and two constituent assemblies. The Islamic character of the state and federalism were two vexing questions that prevented consensus among ethnonational groups. The Objectives Resolution was included as a preamble to the constitution, and it provided for a federal system in the country, with powers divided between the centre and the provinces. The legislature would consist of a single house, with both wings of the country represented in the National Assembly. The parliamentary system was adopted, with the President as the head of state and the Prime Minister as the head of government. The President was required to be a Muslim of at least forty years of age.

Finally, on 29 February 1956, the Constituent Assembly adopted the first constitution of Pakistan, and it was enforced on 23 March 1956. The Constitution of 1956 was lengthy and detailed, consisting of 234 articles, 13 parts, and 6 schedules. It proclaimed Pakistan to be an Islamic republic and provided for a federal system with parity between East and West Pakistan. However, the 1956 constitution was short-lived, as it was abrogated in the 1958 Pakistani coup d'état led by President Iskander Mirza, who imposed martial law and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator.

Explore related products

State and Civil Society in Pakistan: Politics of Authority, Ideology and Ethnicity (St Antony's Series)

$93.84 $109.99

Pakistan administrated Azad Jammu Kashmir Constitution

$3

Constitutional Problems in Pakistan

$244.56

Politics and Ethics of the Indian Constitution (Oxford India Paperbacks)

$35

The Great Partition: The Making of India and Pakistan

$18 $18

The Constitution of the United States and The Declaration of Independence

$1.99

The 1956 constitution was rejected by Hindu minority parties

Pakistan became an independent nation-state on 14 August 1947, following the dissolution of the British Indian Empire. However, it remained a British Dominion until 1956, when the first constitution of Pakistan was adopted. This constitution was rejected by all Hindu minority parties and the largest Muslim political party, the Awami League, from East Pakistan.

The 1956 Constitution of Pakistan was the fundamental law of the country from March 1956 until the 1958 Pakistani coup d'état. It was a lengthy and detailed document consisting of 234 articles, 13 parts, and 6 schedules. The constitution-making process involved three Governor Generals, four Prime Ministers, and two constituent assemblies. It took nine years of protracted negotiations to produce the first constitution.

The Hindu minority parties rejected the 1956 Constitution because they believed that the Objectives Resolution, which laid the foundation of the constitution, differed from Muhammad Ali Jinnah's (Quaid-e-Azam) views in all basic points. They expressed grave apprehensions about their position and role in the new policy. Despite their opposition, the Constituent Assembly adopted the constitution on 29 February 1956, and it was enforced on 23 March 1956.

The 1956 Constitution proclaimed Pakistan to be an Islamic republic, with Islam as the official religion. It provided for a federal system with parity between East and West Pakistan, and the Federal Legislature modelled after the British Parliament. The constitution also included familiar democratic rights and freedoms, such as freedom of speech and expression, assembly, association, movement, and profession. However, the constitution failed to arrest the political instability that engulfed the country, leading to its abrogation and the imposition of martial law on 7 October 1958.

President Iskander Mirza staged a coup d'état

Pakistan's first constitution was adopted in 1956, nine years after the country gained independence from British rule. The constitution-making process involved two constituent assemblies, three governor-generals, and four prime ministers. However, this first constitution was short-lived, as it was abrogated in 1958 following a coup d'état led by President Iskander Mirza with the support of the army.

Iskander Mirza, born Sahibzada Iskandar Ali Mirza in 1899, came from an elite and wealthy aristocrat family in Bengal, India. He received his education at the University of Bombay and the Royal Military College, Sandhurst. Mirza had a background in civil service and defence, having served as a political agent in British India and later as Joint Defence Secretary of India, where he played a role in dividing the British Indian Army into the armies of independent India and Pakistan.

In 1947, following Pakistan's independence, Mirza became the first Defence Secretary of the new nation under Prime Minister Liaquat Ali Khan. He went on to hold various positions, including colonel commandant of the Military Police and director of the Department of Kashmir and Afghanistan Affairs. In 1955, he became the last governor-general of the Dominion of Pakistan, and when Pakistan became an Islamic republic in 1956, he was appointed as its first president.

However, Mirza's presidency was marked by political instability. On 7 October 1958, he abrogated the 1956 constitution and imposed the first martial law in Pakistan. With army support, he appointed Ayub Khan as the chief martial law administrator. Soon after, Ayub Khan declared himself president, and Mirza was exiled. Ayub Khan enacted a new constitution in 1962, reorganizing the administration and working to restore the country's economy.

Frequently asked questions