Pakistan Studies

Assignment

Constitutional Development

Group members:
Umair Asghar

Mir Hamza

Muhammad Asad

Muhammad Hassan

Muhammad Hunzilah Ahmad

Department of Electrical Engineering

Pakistan Institute of Engineering and Applied Sciences

Nilore, Islamabad
Table of Contents
Constitutional Development .................................................................................................................. 3
1. Introduction ........................................................................................................................................ 3
2. The need for a constitution in Pakistan in 1947................................................................................ 4
3. The making of the Pakistani Constitution ......................................................................................... 4
4. The evolution of the Pakistani Constitution...................................................................................... 5
5. Conclusion .......................................................................................................................................... 6
 Constitutional Development

The Pakistani Constitution has a long and complicated history. It has been amended, changed,

and adapted many times in the 71 years since it was originally written. In this assignment, we

will take a look at how the constitution has changed over time and the reasons for these changes.

We will also explore how the constitution has shaped Pakistan into the country it is today.

The Constitution of Pakistan is the supreme law of Pakistan. Passed by the Constituent

Assembly on 10 August 1947, it came into effect as a result of the Independence of Pakistan

on 14 August 1947. The Constitution establishes the structure, procedures, powers and duties

of the government of Pakistan and vests sovereignty in the people of Pakistan.

Pakistan’s Constitution underwent a number of phases as it was drafted, adopted and eventually

enforced. The first and longest stage of this process took place between 1947 and 1956. Then

there is another phase of 1962 constitution. The 1973 Constitution of Pakistan set out the

country as a federal republic, with Islam as its official religion. The document has been

amended several times since its ratification, most notably in 2010 when a new article was added

to allow the Pakistani military to intervene in civilian governance under certain circumstances.

Here we will look at the different phases that the Pakistani Constitution has undergone, and

how they have affected different aspects of Pakistani society.

1. Introduction

The Pakistani Constitution has been amended and changed many times since it was first written

in 1947. After gaining independence from British rule, Pakistan had to rapidly create a

constitution in order to establish a functioning government. This first constitution was heavily
influenced by the British system, and granted a large amount of power to the central

government.

The first Pakistani Constitution was drafted in 1947, just after the Partition of India. This

Constitution was based on the Government of India Act 1935, which was used to govern British

India. The first Pakistani Constitution was very short, and consisted of just 116 articles.

Since then, the Pakistani Constitution has been amended and revised many times. The most

significant changes were made in the 1970s, after the country was divided into East and West

Pakistan. The Constitution of 1973 is considered the most important document in Pakistani

history, as it laid the foundation for democratic rule.

2. The need for a constitution in Pakistan in 1947

Pakistan is a country that is in dire need of a constitution. For the past several years, the nation

has been without an official document that lays out the rights and responsibilities of its citizens.

This has led to much unrest and violence, as different groups within Pakistani society fight for

supremacy. A constitution would provide a framework for the people of Pakistan to live by,

guaranteeing certain rights and protections to all. It would also help to promote stability within

the country, which is desperately needed.

3. The making of the Pakistani Constitution

After nine years-long struggle, the 1956 Constitution, the first-ever constitution of the state,

was made. The country was named as the Islamic Republic. The Constitution was consisting

of 234 Articles, having 13 divisions and 6 agendas. Salient Points of the constitution were as

under:
 i. President was elected through national and provisional assemblies of Pakistan.

Moreover, it was decided that only Muslims will have the right to become the

president of Pakistan.

ii. Equal seats were given to both wings of Pakistan i.e. West and East.

iii. The two-third majority was mandatory to pass any bill and amend the Constitution.

iv. Urdu, along with English, was declared the official language of Pakistan. It was

also decided that within a limited time, all documents will be translated into Urdu.

v. The 1956 Constitution was silent regarding conducting of elections both for the

Central and the Provincial legislatures

vi. It was decided that provinces will have the right to work and plan for their

development and the federal government will not interfere in their matters

vii. It was also decided that the judiciary will be considered supreme and will be free

from all kinds of pressures.

viii. The legislation will be done while keeping in view Islamic laws or orders given by

Almighty in the Holy Quran and they will be also incorporated

4. The evolution of the Pakistani Constitution

Three principal factors have been named as root causes of the difficulties that have faced the

constitution-makers in Pakistan since the very inception of the State. The present regime puts

the blame squarely on the shoulders of the legislators of the past. Another school of thought,

which has increased in volume, holds the geographical division of the country responsible.

Others stress the religious issue of the Islamic State. The observer on the spot was able to

distinguish some well-sheltered, well entrenched, but impish force that allows the lawyer-

politicians to wrangle about not greatly relevant issues, yet, whenever they settle down to the

serious business of government, it appears, shoots a quick and deadly accurate arrow, and
withdraws again. It happened in I954, when the first Constituent Assembly was dissolved, not

because it failed to produce a Constitution, but because it was about to produce one.4 It

happened again in I958, not because the Constitution of I956 was unworkable, but because it

was to be fully implemented by the first elections to be held in the country.

In conclusion, it cannot be held that the \Vestminster system of parlia mentary government

has failed in Pakistan. It is the system the people understand and have come to regard as their

own. Indeed for them demo cracy and Parliament are interchangeable terms.1 There should

have been a provision in the Constitution of 1956 making it clear how soon after its

promulgation general elections would have to be held. There certainly should have been a

provision stopping the frequent crossing of the floor. If ever the people of Pakistan regain their

political freedom they are likely to remember that democracy perished in 1958 as a result of

structural faults in the organization of the political parties. Legislation that would discourage

splinter parties and encourage regular and contributing mem bership and solid organization

in the districts is certainly called for. The adoption, as in the Constitution of Ceylon, of the

constitutional conven tions of the United Kingdom has proved successful. It has to be

admitted, however, that the Presidential prerogative cannot be entirely dispensed with at

present, although an examination of its legitimate use might well fall within the competence of

a revived system of judicial review

5. Conclusion

Pakistan out of 71 years of age experienced five military dictators for about 36 years. 49 Heads

of State or Heads of Department took2 an oath to reign the country. Only during early eleven

years, 12 Heads of State or Heads of Departments3 administered the oath to run the
government. Two sitting and former prime ministers4 were assassinated, while one prime

minister was hanged.5 Three sitting prime ministers were declared disqualified by the court.6

East Pakistan was also separated due to political instability. About eight times, constitutional

assemblies were dissolved. About three to four times Constitutions were abrogated or

suspended. These constitutions with number of amendments highlight political instability in

the history of Pakistan. During the first ten years of history from 1947 to 1956, it was the

weakness of the political players which invited the military to interfere in politics. Overall, the

transformation took place peacefully. Besides other factors, a mature, developed, and intact

constitution plays major role in order to maintain the political stability in a state. 25

amendments have been incorporated in the Constitution of 1973, and now it has been mature

enough and developed to an extent that for the last ten years smooth and democratic shift of

government has happened.