Isabella Carter
Pakistan's constitution-making process was challenging due to competing visions for the country's identity and structure. The country's founding as a Dominion within the British Commonwealth in 1947, with the British monarch as head of state, set the backdrop for its constitutional journey. The process was marked by multiple assemblies, political shifts, and a desire to balance Islamic principles with modern governance. The first constitution was enacted in 1956, but it faced challenges due to its length and the exclusion of consociational principles to protect minority ethnonational groups. Subsequent constitutions in 1962 and 1973 also faced obstacles, with amendments being made over time to address evolving needs. The task of crafting a constitution that unified a multiethnic society and aligned with Islamic teachings while adapting Western democratic models proved arduous, reflecting the complexities of Pakistan's nation-building process.
| Characteristics | Values |
|---|---|
| Time taken to produce the first constitution | 9 years |
| Number of Governor Generals during the constitution-making process | 3 |
| Number of Prime Ministers during the constitution-making process | 4 |
| Number of constituent assemblies | 2 |
| Number of years the first two constituent assemblies operated | 1947-1954, 1955-1956 |
| Number of years for the third constituent assembly | 1972-1973 |
| Number of constitutions produced | 2 (1956 and 1973) |
| Number of amendments to the constitution | 30 (as of 2017) |
| Number of political parties involved in the 1972 constitutional convention | 4 (Islamic, conservative, socialist, communist) |
| Number of provinces in which the Awami League secured a mandate | 1 (East Pakistan) |
| Number of provinces in which the Pakistan People's Party gained a mandate | 2 (Punjab, Sindh) |
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What You'll Learn
The Islamic character of the state
Pakistan was founded in 1947 as a Dominion within the British Commonwealth. In its first few years as a nation, the British monarch also served as Pakistan's head of state. In 1949, the Constituent Assembly passed the Objectives Resolution, which defined the basic directive principles of the new state and declared state recognition of the sovereignty of Allah over the universe. The resolution affirmed the role of democracy and included religious provisions to enable society to adhere to the teachings of the Quran and Sunnah. The Objectives Resolution has been inserted as a preamble into each of Pakistan's subsequent constitutions.
Following independence, it took three Governor Generals, four Prime Ministers, two constituent assemblies (1947-1954 and 1955-1956), and nine years of protracted constitution-making to produce the first constitution of Pakistan in 1956. The Islamic character of the state and federalism were the two vexatious questions that prevented the forging of consensus among ethnonational groups on the constitutional design of the instruments that have governed the polity thus far.
The Pakistan People's Party (PPP) held majority seats in the assembly from the two largest provinces of Punjab and Sindh, while the National Awami Party (NAP) won majority seats in the NWFP and Baluchistan provinces. The PPP rejected the NAP's appeals for the incorporation of consociational principles in the draft constitution to protect the interests of minority ethnonational groups. NAP’s demands included the constitutional recognition of the multiethnic character of society and the adoption of a non-majoritarian framework for the constitution-making process.
The first constitution of Pakistan, enacted in 1956, included certain Islamic provisions. The name of the country was declared the Islamic Republic of Pakistan, and it became obligatory that the Head of State, i.e., the President, must be a Muslim. All existing laws contrary to Islam would be amended to comply with Islamic injunctions, and no law could be made that was repugnant to the Islamic provisions. The constitution was lengthy, consisting of 234 articles, a preamble, and 13 chapters.
The 1956 constitution was followed by the 1962 constitution, which also included Islamic provisions. However, the 1962 constitution did not last long due to various factors, including the growing autocracy of President Ayub Khan and popular dissatisfaction with his leadership. After Bangladesh was formed in 1971, the PPP formed the government and partially enacted the 1962 constitution. In 1972, President Zulfikar Ali Bhutto called for a constitutional convention with the leaders of all political parties.
The current constitution of Pakistan was passed by the National Assembly of Pakistan on 10 April 1973 and authenticated by the President of the Constituent Assembly on 12 April 1973. The constitution designates the President of Pakistan as a ceremonial Head of State who is to represent the unity of the state. The first six articles of the constitution outline the political system as a federal parliamentary republic system, with Islam as its state religion. The constitution also stipulates that the legal system must comply with Islamic injunctions contained in the Quran and Sunnah.
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Federalism
Pakistan is a federal parliamentary republic, with powers shared between the Federal government and the provinces. The country's several constitutions reflected more the pre-eminence of the person holding the highest office than the restrictions imposed on authority, and the national government has consistently been more personalised than institutionalised. The first six articles of the constitution outline the political system as a federal parliamentary republic system, as well as Islam as its state religion.
Pakistan's federal system has received much less attention than neighbouring India, despite the two countries sharing the same constitutional background. Pakistan has restructured its federal system in many interesting ways since 1947. The country's government, functioning under a modified 1935 Government of India Act, was associated with a British-inherited parliamentary system, containing a strong central government as well as governments in the several provinces that also gave it a federal form.
The Islamic character of the state and federalism were the two vexatious questions that prevented the forging of consensus amongst ethnonational groups on the constitutional design of the instruments that governed the polity. Federal discourse in Pakistan has been and continues to be structured by two antithetical visions of identity, both articulated by two competing forces. The centripetal forces, representing the state elites, have aimed at creating a homogeneous society and a monolithic national identity, employing Islam as a unifying force in the service of building a centralized Muslim Nation State, despite the multiethnic and deeply divided character of the society.
The nationalist Awami League (AL) secured the mandate of East Pakistan but failed to perform in any four provinces of Pakistan. The socialist Pakistan People's Party (PPP) under the leadership of Zulfikar Ali Bhutto gained a mandate in Punjab and Sindh but failed in East Pakistan, NWFP and Balochistan. Constitutional crisis grew when the AL refused to make concessions over its six points to draft the constitution and instead maintained that the AL was able to frame a constitution and form a central government on its own. The PPP was not willing to dilute the authority of the federal government despite assuring full provincial autonomy for all the provinces of Pakistan.
The Punjab government, under the Islamic Democratic Alliance, continued to back the interests of the landed aristocracy, while the national government—headed by Benazir Bhutto, with a more liberal bent and a wider base of support—espoused the economic and social interests of urban groups and non-propertied classes. The two governments often clashed in the late 1980s, creating serious economic management problems.
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Autocracy
Pakistan's first constitution was drafted in 1956, nine years after its independence from British rule. The country's constitutional history has been fraught with challenges due to the deep-rooted ideological differences between various ethnonational groups. The two main visions of national identity that have structured federal discourse in Pakistan are those of the state elites and the ethnonational groups.
The state elites, who represent the centripetal forces, have aimed to create a homogeneous society with a monolithic national identity, using Islam as a unifying force to build a centralized Muslim nation-state. This vision has been at odds with the multiethnic and deeply divided nature of Pakistani society, which comprises various ethnonational groups with their own unique interests and demands.
The growing autocracy of President Ayub Khan was a significant factor in the failure of Pakistan's 1962 constitution. Khan altered the entire version of the constitution, which was initially drafted by Chief Justice Muhammad Shahabuddin, to consolidate more powers for himself as president. This act of autocracy caused increasing dissatisfaction among the people, who felt that Khan's election was not legitimate.
The National Awami Party (NAP), which won a majority in the provinces of NWFP and Baluchistan, demanded the constitutional recognition of the multiethnic character of Pakistani society and the protection of minority ethnonational groups' interests. The Pakistan People's Party (PPP), which held a majority in the assembly of the two largest provinces, Punjab and Sindh, rejected these appeals.
The PPP's refusal to incorporate consociational principles into the draft constitution further contributed to the dissatisfaction and highlighted the challenges of reaching a consensus in a deeply divided society. The 1962 constitution ultimately failed due to the autocratic actions of President Ayub Khan and the inability to address the demands and interests of all ethnonational groups in the country.
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The role of ethnonational groups
Pakistan is an ethnically and linguistically diverse country. The major Pakistani ethnolinguistic groups include Punjabis, Pashtuns, Sindhis, Saraikis, Muhajirs, Balochis, Hindkowans/Hazarewals, Brahuis, and Kohistanis. Pakistan's census does not include the 1.4 million citizens of Afghanistan who are temporarily residing in Pakistan, most of whom belong to the Pashtun ethnic group.
Pakistan's ethnonational groups have historically had differing views on the country's constitution. The Islamic character of the state and federalism were the two main issues that prevented consensus among these groups during the constitution-making processes of 1947-1954 and 1955-1956. The Pakistan People's Party (PPP), representing the two largest ethnonational groups, the Punjabis and Sindhis, rejected the National Awami Party's (NAP) appeals for the incorporation of consociational principles to protect the interests of minority ethnonational groups. The PPP instead favoured a centralised Muslim nation-state, employing Islam as a unifying force.
The NAP, representing the ethnonational groups of the NWFP and Balochistan, demanded constitutional recognition of Pakistan's multiethnic character, a strong upper chamber in the federal legislature, and a non-majoritarian framework for the constitution-making process. They sought to ensure equality for all four ethnonational groups: Punjabis, Sindhis, those from the NWFP, and Balochis. However, their demands were not met in the 1956 constitution, which was promulgated after a protracted nine-year process.
The 1973 constitution, which is currently in force, was drafted by the PPP under Zulfikar Ali Bhutto, who became President in 1971. It designates the President as a ceremonial Head of State, representing the unity of the state, and outlines Pakistan's political system as a federal parliamentary republic with Islam as its state religion. The constitution also stipulates that the legal system must comply with Islamic injunctions from the Quran and Sunnah. While it has been amended over time, the challenges in achieving consensus among Pakistan's diverse ethnonational groups during the constitution-making processes highlight the difficulties in enforcing a unified constitutional framework.
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The influence of previous governments
Pakistan's first constitution was enacted in 1956, nine years after its independence from British rule in 1947. The country's founding fathers aimed to combine the best features of Western and Islamic democracy, proclaiming the Islamic constitutional principle of the sovereignty of Allah and modern doctrine of popular sovereignty. The 1956 constitution also declared the country an Islamic republic and stipulated that only a Muslim could be the head of state.
The 1956 constitution was replaced by a new constitution in 1962, under the leadership of President Ayub Khan. Khan's growing autocracy and the perception of an illegitimate election win in 1965 contributed to popular dissatisfaction with the 1962 constitution. The 1962 constitution also failed to address the country's deeply divided society and multiethnic character, with the Pakistan People's Party (PPP) rejecting appeals from the National Awami Party (NAP) to incorporate consociational principles to protect the interests of minority ethnonational groups.
The PPP, led by Zulfikar Ali Bhutto, gained power in 1971 after the Pakistan military surrendered to India. Bhutto called for a constitutional convention in 1972, leading to the enactment of the current constitution in 1973. This constitution designates the President of Pakistan as a ceremonial Head of State and outlines the country's political system as a federal parliamentary republic with Islam as its state religion. The constitution also stipulates that the legal system must comply with Islamic injunctions contained in the Quran and Sunnah, and it has been amended over time to incorporate new impulses for political upgrades and reforms.
Despite the promulgation of the 1973 constitution, Pakistan's political system has continued to be influenced by military rule and martial law. Orders issued by generals during periods of martial law have affected the constitution, with some orders later deemed null and void by the Supreme Court. The country's constitutional history has been characterised by protracted processes and competing visions of identity, with the Islamic character of the state and federalism presenting challenges in reaching a consensus on constitutional design.
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Frequently asked questions
Pakistan gained independence from British rule in 1947, but it took until 1956 for the first constitution to be enforced. This was due to a protracted constitution-making process, which involved two constituent assemblies, three Governor Generals, and four Prime Ministers.
The Islamic character of the state and federalism were two major issues that prevented consensus. The National Awami Party (NAP) advocated for the recognition of Pakistan's multiethnic society and a non-majoritarian framework, while the Pakistan People's Party (PPP) rejected these appeals.
The first constitution of Pakistan, enacted in 1956, declared the country an Islamic Republic and stipulated that the President, as Head of State, must be a Muslim. It also stated that all existing laws contrary to Islam would be changed to comply with Islamic teachings.
The 1956 constitution was replaced by a new version in 1962, which introduced a presidential system and granted more powers to the President. This constitution was short-lived due to the growing autocracy of President Ayub Khan and his controversial decisions, such as the Tashkent Declaration. The current constitution of Pakistan was enforced in 1973, following a constitutional convention led by President Zulfikar Ali Bhutto.
The current constitution designates the President as a ceremonial Head of State and outlines the political system as a federal parliamentary republic with Islam as the state religion. It also includes provisions for the legal system's compliance with Islamic teachings and allows for amendments with a two-thirds majority in both houses of Parliament.
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