Malcolm Rivera
A constitution is a crucial document for any country as it outlines the country's power structure, fundamental principles, and the rights of its citizens. It is a framework that guides the country's politics, policies, and laws. Pakistan's constitution, currently the 7th lengthiest in the world, has gone through several iterations since the country's founding, with the current version enacted in 1973. This constitution establishes Pakistan as a federal parliamentary republic with Islam as its state religion. It outlines the roles of key figures such as the President and Prime Minister and creates institutions to interpret and apply Islamic principles. Pakistan's constitution has been amended numerous times, reflecting the country's evolving political landscape and the ongoing push-and-pull between centripetal and centrifugal forces seeking a monolithic national identity and recognition of the country's multiethnic character, respectively.
| Characteristics | Values |
|---|---|
| Official name of the country | Islamic Republic of Pakistan |
| Unicameral Legislature | A single house, only a National Assembly consisting of 300 members; 150 members from each East and West Pakistan |
| President | Required to be a Muslim and ceremonial head of state |
| Islamic law | No law would be passed against the teachings of the Quran and Sunnah |
| Independent Judiciary | The Supreme Court as an apex court – a final arbitrator of all decisions |
| Fundamental rights | Freedoms of movement, speech, profession and religion, right to life, liberty, property, and information |
| National languages | English, Urdu and Bengali |
| Designation of a period | Up to 60 days between the completion of the National Assembly's term and general elections |
| Provinces | Punjab, NWFP (now Khyber Pakhtunkhwa), Balochistan, and Kashmir under Pakistani control |
| Interim constitution | The 1935 Government of India Act |
| First constitution | Enacted by the Constituent Assembly in 1956 |
| Third constitution | Passed unanimously by the National Assembly on 10 April 1973 |
| Amendments | Twenty-fifth, Twenty-sixth, Twenty-eighth, Twenty-ninth, Thirtieth, Eighteenth, Fourth, Eighth, Thirteenth, Seventeenth, and Eighteenth Amendments |
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What You'll Learn
- The constitution provides a framework for a democratic state based on Islamic principles
- It ensures the protection of fundamental rights, including freedom of movement, speech, and religion
- The constitution establishes a parliamentary form of government with a unicameral legislature
- It recognises English, Urdu, and Bengali as national languages
- The constitution outlines the role and powers of the President of Pakistan
The constitution provides a framework for a democratic state based on Islamic principles
Pakistan was founded in 1947 as a Dominion within the British Commonwealth, with the British monarch as its head of state. Following independence, Pakistan underwent a protracted constitution-making process, which was influenced by the desire to establish a democratic state based on Islamic principles.
The Objectives Resolution, passed in March 1949, defined the basic directive principles of the new state and affirmed the role of democracy. It also contained religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. This resolution has been included as a preamble to each of Pakistan's subsequent constitutions.
The first constitution of Pakistan was promulgated on 23 March 1956, establishing a parliamentary form of government with a unicameral legislature. It officially adopted the name "Islamic Republic of Pakistan" and introduced the principle of parity. The constitution also stipulated that the president must be a Muslim and a ceremonial head of state.
The current constitution, enacted in 1973, provides for parliamentary democracy, assuring fundamental rights, provincial autonomy, and local governance. It guarantees equality before the law and prohibits discrimination based on gender. It also includes provisions for freedom of movement, speech, profession, and religion, as well as the right to life, liberty, and property.
The Islamic Ideology Council has been strengthened over time, and the country's laws must adhere to the teachings of the Quran and Sunnah. The constitution of Pakistan thus provides a framework for a democratic state based on Islamic principles, as envisioned during the country's founding.
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It ensures the protection of fundamental rights, including freedom of movement, speech, and religion
The Constitution of Pakistan provides for fundamental rights, which include freedom of speech, thought, information, religion, association, the press, and assembly, as well as the right to bear arms. The Constitution also guarantees freedom of movement within the country and abroad, and the freedom to reside and settle in any part of the country.
Article 15 of the Constitution guarantees the freedom of movement, while Article 19 ensures freedom of speech, expression, and the press. Every citizen of Pakistan has the right to hold opinions and express them, as well as the right to speech. This right can be abrogated only in the interest of Islam and Pakistan's integrity, security, and defence, to maintain public order, decency, and morality, or in relation to contempt of court and incitement to an offence.
Article 17 of the Constitution protects the right to freedom of association, allowing citizens to form political parties, associations, and unions. This right is subject to reasonable restrictions imposed by the law in the interest of Pakistan's sovereignty and integrity, public order, or morality.
The Constitution also ensures that minorities are free to profess and practice their religions and develop their cultures. It provides for parliamentary democracy in the country, assuring fundamental rights, provincial autonomy, and local governance.
However, it is important to note that while the Constitution of Pakistan provides for these fundamental rights, they are not always respected in practice. Pakistan's legal code has been criticised for focusing more on crime, national security, and domestic tranquility, rather than the protection of fundamental rights. Military coups have also been commonplace, with the country being ruled by military dictators for most of its history after independence.
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The constitution establishes a parliamentary form of government with a unicameral legislature
A constitution is a central governing document for any country, outlining the basic principles and laws by which the country is governed. Pakistan's constitution was first approved in 1956, establishing the country as a republic with a parliamentary form of government and a unicameral legislature. This means that Pakistan's legislature is made up of a single chamber, the National Assembly, consisting of 300 members, 150 from each of East and West Pakistan.
A unicameral legislature is a typical feature of small countries with unitary systems of government, such as Denmark, Sweden, Finland, Israel, and New Zealand. It is also found in very small countries like Andorra, Dominica, Luxembourg, Liechtenstein, Malta, and Tuvalu. Unicameral legislatures are considered more democratic and effective, as they can facilitate quicker decision-making and are less complex than bicameral systems.
In a bicameral system, there are two legislative chambers, often with equal legislative authority, as seen in the 49 US states with bicameral legislatures. The second chamber is usually called the senate, and it often has special functions, such as confirming the governor's appointments. However, critics argue that other constitutional mechanisms can restrain majorities, such as through non-partisan courts.
Pakistan's constitution has undergone several amendments and changes due to political instability and military interventions. The current constitution, enacted in 1973, was twice suspended by military coups and has been amended numerous times. The process of amending a constitution to change the form of government is often referred to as "Charter Change."
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It recognises English, Urdu, and Bengali as national languages
The Constitution of Pakistan is a vital document that outlines the fundamental principles and laws governing the country. It establishes the country's official name, form of government, and fundamental rights while also shaping its political landscape and providing a framework for governance.
The recognition of English, Urdu, and Bengali as national languages in Pakistan's Constitution is significant. Firstly, it acknowledges the country's multilingual nature, with over 70 languages spoken as first languages. Urdu, being the national language and lingua franca, holds official status alongside English, which is also widely used in education and government. However, the inclusion of Bengali carries a deeper historical context.
When Pakistan gained independence in 1947, it comprised various ethnic and linguistic groups, including a significant Bengali-speaking population in East Bengal (now Bangladesh). The central government, dominated by West Pakistani leaders, sought to establish Urdu as the sole national language, sparking widespread protests among East Bengalis. This led to the Bengali Language Movement, a forerunner to Bengali nationalist movements. The movement advocated for the recognition of Bengali as an official language, with students and activists rallying and organising processions to demand their linguistic rights.
Despite initial resistance, the Constituent Assembly eventually voted in support of Bengali as an official language in 1954. This decision was reflected in Pakistan's first constitution, enacted in 1956, which granted equal status to Bengali alongside Urdu and English. The constitution also provided opportunities for higher education in Bengali, ensuring its recognition in educational and governmental contexts.
The inclusion of these three languages in Pakistan's Constitution is, therefore, a reflection of the country's diverse linguistic landscape and the result of historical advocacy for linguistic representation. It ensures that the country's laws and governance are accessible to a significant portion of its population and recognises the importance of each language in shaping the country's culture and identity.
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The constitution outlines the role and powers of the President of Pakistan
A constitution is a crucial document for any country, outlining the fundamental principles, laws, and rules by which a nation is governed. It provides a framework for the functioning of the state and its institutions, ensuring stability, accountability, and protection of citizens' rights. Pakistan's constitution-making process began after its independence from the British Indian Empire in 1947. The country's first constitution was promulgated in 1956, establishing Pakistan as an Islamic republic with a parliamentary form of government.
The constitution of Pakistan outlines the role and powers of the President of Pakistan, who is the head of state and a ceremonial figurehead. The president is required to be a Muslim and is elected indirectly by the Parliament through the Electoral College for a five-year term. The constitution vests the president with certain important powers while also setting limitations on their role.
One of the key powers of the President of Pakistan is their role as the civilian commander-in-chief of the Pakistan Armed Forces. The president has the authority to grant pardons, reprieves, and clemency in cases recommended by the executive and judiciary. Additionally, the president is responsible for confirming judicial appointments in the national court system after receiving thorough confirmation from the prime minister.
The constitution also outlines the president's role in foreign affairs. The president has the power to assign rights to ambassadors sent to different countries and to host visiting heads of state. The president takes oaths from the prime minister, federal ministers, and advisers, and is kept informed by the prime minister on all matters of internal and external policy, as well as legislative proposals.
While the president has these specific powers and responsibilities, the constitution also prohibits them from directly running the government. The executive powers are instead exercised by the prime minister and the federal Cabinet on the president's behalf. The president is bound to act on the advice of the prime minister and the Cabinet, and their duties include appointing federal ministers, advisers, and provincial governors, often on the advice of the prime minister.
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