Constitution of Pakistan of 1956:

· The Constitution of 1956 was the fundamental law of Pakistan from

March 1956 until the 1958 Pakistani coup d'état. It was the first
constitution adopted by independent Pakistan. There were 234 articles
13 parts and 6 scheOrigins

Origin:
n became independent of the United Kingdom in 1947, but remained a British
Dominion, like Canada and Australia, until 1956. Under Section 8 of the Indian
Independence Act, 1947, the Government of India Act 1935 - with certain
adaptations - served as the working constitution of Pakistan; still, the need of a
full independence and a constitution to be framed by the elected
representatives of the people was all the more necessary for the free citizens
of a sovereign state. Therefore, the first Constituent Assembly was formed
under the Independence Act and was entrusted with two separate functions:

· To frame a Constitution for the country, and

· To set as a Federal Legislative Assembly or Parliament until that

Constitution came into effect.

The powers and functions of the central legislature under the Government of
India Act were conferred on the Constituent Assembly. The Constituent
Assembly could, however, amend the Indian Independence Act (1947) or the
Government of India Act (1935) and no Act of the British Parliament could be
extended to Pakistan without legislation by the Constituent Assembly. The first
Constituent Assembly originally consisted of 69 members; subsequently the
number of members was increased to 79.

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', popularly known as the
Objectives Resolution. It laid the foundation of the constitution and indicated
the broad outline of its structure. The resolution was moved by Liaquat Ali
Khan, the first Prime Minister of Pakistan.[2] While moving the Resolution he
said:

Sir, I consider this to be a most important occasion in the life of this country, next in importance only
to the achievement of independence, because by achieving independence we only won an
opportunity of building up a country and its polity in accordance with our ideals. I would like to
remind the house that the Father of the Nation, Quaid-i-Azam, gave expression of his feelings on this
matter on many occasions, and his views were endorsed by the nation in unmistakable terms,
Pakistan was founded because the Muslims of this sub-continent wanted to build up their lives in
accordance with the teachings and traditions of Islam, because they wanted to demonstrate to the
world that Islam provides a panacea to the many diseases which have crept into the life of humanity
today.

The resolution was debated for five days. The leading members of the
government and a large number of non-Muslim members, especially from East
Bengal, took a prominent part. Non-Muslim members expressed grave
apprehensions about their position and role in the new policy. Hindu members
of the Constitutional Assembly argued that the Objectives Resolution differed
with Muhammad Ali Jinnah's (Quaid-e-Azam) view in all the basic points. Sris
Chandra Chattopadhyaya said:
 What I hear in this (Objectives) Resolution is not the voice of the great creator of Pakistan -
the Quaid-i-Azam, nor even that of the Prime Minister of Pakistan the Honorable Mr. Liaquat
Ali Khan, but of the Ulema of the land.

Birat Chandra Mandal declared that Jinnah had "unequivocally said that
Pakistan will be a secular state." Bhupendra Kumar Datta went a step further:
"...were this resolution to come before this house within the life-time of the
Great Creator of Pakistan, the Quaid-i-Azam, it would not have come in its
present shape...

However, Muslim scholars and a large portion of the people of Pakistan were
of the view that this was exactly what the Quaid-a-Azam wanted and that it
was a good step forward in the constitutional history of Pakistan. They also
argued that objective resolution provided the minorities with equal rights and
that they had no compulsion, whatsoever, in adopting or converting into Islam.

After nine years of efforts, Pakistan was successful in framing a constitution.

The Constituent Assembly adopted it on 29 February 1956, and it was enforced
on 23 March 1956, proclaiming Pakistan to be an Islamic republic.

Provisions:
The Constitution of 1956 was lengthy and detailed; it contained 234 articles
divided into thirteen parts and six schedules. The Constitution of 1956
provided for federal system with the principle of parity between East Pakistan
and West Pakistan. The Federal Legislature was to perform like the British
Parliament. The Centre was invested with such powers as to take unilateral
action in emergency and it could influence the provincial autonomy.

The Constitution of 1956 provided for the parliamentary form of government,

where real executive authority was vested in a cabinet, collectively responsible
to the legislature. The cabinet was presided over by the Prime Minister. The
Constitution declared that there would be only one house of parliament
known as the National Assembly and equality between the two Wings (i.e. East
Pakistan and West Pakistan) was maintained in it. The Governor General was
replaced by a President, who was to be elected by the Electoral College of
Pakistan composed of members of the National Assembly and Provincial
Assembly.

Familiar democratic rights and freedoms such as freedom of speech and

expression, of assembly and association, of movement and of profession were
all provided in the Constitution, with the usual qualifications. With regards to
civil rights, familiar rights such as rights of life, liberty and property were
granted, again with the usual qualifications and safeguards. The judiciary was
given power to enforce the fundamental rights and the courts were to decide if
a law was repugnant to any provisions of the fundamental rights.
As per the Constitution, Urdu and Bengali were made national languages.[5]

Salient features
witten Constitution - This is a written and lengthy document. It consists
of 234 Articles divided into 13 parts and 6 schedules.

flexible Constitution - The constitution could be amended through a

process requiring the amendment to be passed by at least a two-thirds
majority of the parliament. However the president had the right to veto the
draft, which then could be overridden by simple parliamentary majority.

Islamic Republic of Pakistan - The name of the country was adopted

as the Islamic Republic of Pakistan.

Objectives Resolution - The objective resolution was included as a

preamble of the constitution.

Federal System - The constitution provides for a federal system in the

country. Powers was divided between the centre and the provinces. The
subjects were divided into three lists; The Federal List, The Provincial List, and
the Concurrent List.

Unicameral Legislature - The legislature would consist of a single

house. Both the wings of the country were given representation in the National
Assembly. The National Assembly consisted of 300 members. 150 members
were drawn from each wing.
Parliamentary System - a parliamentary system was adopted, according
to it the president was the head of state and the Prime Minister the head of
government.

The President - required to be a Muslim of at least forty years of age. The

tenure of his office was five years. In case of internal or external danger he
could declare a state of emergency in the country. He was authorized to
appoint the Governors, the Judges of the Supreme Court, Auditor General and
the Advocate General.

The Prime Minister - He was to be the leader of the Parliamentary group and
was thus indirectly elected by the people. He could choose his cabinet from
the members of the National Assembly; the cabinet was answerable to the
Assembly.

Provincial Autonomy - Curtailed in the constitution to a great extent.

Islamic Law - no law would be passed against the teachings of the Quran and
Sunnah.

Free Judiciary - An independent judiciary in the country. A Supreme Court

interpreted the constitution, advised the state whenever required, and decided
the issues whenever required.

Fundamental Rights - included freedom of movement, freedom of

speech and expression, freedom to choose profession and freedom to profess
religion. Right to life, liberty, and property.

Language - Urdu & Bengali

 Delay:
· The Bengalis were underrepresented in the National Assembly.

Demise:
On 7 October 1958, President Iskander Mirza staged a coup d'état. He
abrogated the constitution, imposed martial law and appointed General
Muhammad Ayub Khan as the Chief Martial Law Administrator and Aziz Ahmad
as Secretary General and Deputy Chief Martial Law Administrator. However,
three weeks later General Ayub—who had been openly questioning the
authority of the government prior to the imposition of martial law—deposed
Iskandar Mirza on 27 October 1958 and assumed the presidency, which
practically formalized the militarization of the political system in Pakistan.[6]
Four years later a new document, Constitution of 1962 was adopted. This was
eventually succeeded by the Constitution of 1973, current as of 2020.