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PRE & POST-PARTITION

CONSTITUTIONAL
DEVELOPMENTS IN PAKISTAN
Topics INCLUDED:
The Pre-Partition Constitutional History |
Developments after the birth of a nation | The
Constitutional Developments (1947-56) | The
Constitution of Pakistan - 1956 | The Imposition of
First Martial Law | The Basic Democracies | The
Constitutional Commission | The Constitution of
Pakistan - 1962 | The Decade of Major Developments |
The Fall of Ayub Khan’s regime | The Rise of Yahya
Khan’s regime | The Outbreak of the 1971 War | The
Constitution in Making | The Constitution of
Pakistan - 1973 | Amendments to the Constitution of
Pakistan - 1973 | Dissecting the 18th Constitutional
Amendment | Competitive Review of the Constitutions

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PRE- PARTITION CONSTITUTIONAL HISTORY

THE GOVERNMENT OF INDIA ACT, 1858: council as an extraordinary member. The Executive
It was a constitutional colonial India. Under Council was enlarged by addition of fifth member.
this act, the territories under the control and The Viceroy was allowed, under the provisions of the
administration of the Company were Act, to overrule the council on affairs if he deemed it
transferred to and vested in the Crown. The necessary, as was the case in 1879, during the
Secretary of State, who was to sit in tenure of Lord Lytton. The Viceroy was allowed to
parliament, was empowered to exercise issue ordinances lasting six months if the Legislative
powers that were previously exercised by the Council is not in session in an emergency.
Company or the Board of Control. A Council, The Secretary of State for India, Sir Charles Wood,
consisting of 15 members was established believed that the Act was of immense importance:
under the Act. The Secretary of State could "The act is a great experiment. That everything is
override the opinion of the majority of the changing in India is obvious enough and that the
Council but had to record reasons for doing old autocratic government cannot stand unmodified
so. The expenditure of the revenues of India is indisputable.”
was made subject to the control of the
Secretary of State and the Council. The THE INDIAN COUNCILS ACT, 1892: It was enacted
accounts for each financial year were to be to amend the Indian Councils Act, 1861. The
laid before the British Parliament. The number of additional members of Governor-
Secretary of State could sue or be sued in General’s Council was raised from six to twelve, to
India, as well as, in England in the name of ten to twenty. This Act opened the way for the
the Secretary of State in Council as body appointment of Indian residents as additional
corporate. The Secretary of State and members of the Councils of the Governor-General,
Members of the Council were indemnified governors of the presidencies, or lieutenant-
against any personal liability regarding the governors of the provinces. The local legislature of
performance of their official duties and all any province was empowered to repeal or amend
liabilities, cost, and damages in respect any law or regulation as to that province.
thereof were to be paid of the revenues of
THE INDIAN COUNCILS ACT 1909: This Act
India. The Government of India Act, 1858
enlarged the size of Legislative Councils of the
was amended in 1859 and the Governor-
Governor-General and the Governors of various
General of India, Governors and certain
Provinces, which included the nominated as well as
officers (authorized by the Secretary of State
elected members. Indians became entitled to
and the Council) were empowered to sell and
nomination or election as members of these
dispose of all real and personal estate in India
Legislative Councils, subject to conditions laid down
which was vested in the Crown and to
in the regulations made by the Governor-General
execute any contracts in this behalf.
with the approval of the Secretary of State. The
THE INDIAN COUNCILS ACT, 1861: Functions of the Legislative Councils were increased
and individual members in the Imperial Legislative
The Indian Councils Act 1861 was an Act of Council could move resolutions relating to alteration
the Parliament of the United Kingdom that in taxation. Matters of general public interest could
transformed the Viceroy of India's executive also be discussed in the Legislative Councils and
council into a cabinet run on the portfolio members could ask questions and supplementary
system. This cabinet had six "ordinary questions. In the rules framed under this Act,
members", who each took charge of a official majority was given up in the Provincial
separate department in Calcutta's Legislative Councils, though working majorities were
government: home, revenue, military, law, maintained. Official majority was, however,
finance, and (after 1874) public works. The maintained in the Central Legislature. In the
military Commander-in-Chief sat in with the provinces, university senators, landlords, district
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boards, municipalities and Chambers of division of subjects was basically what they meant
Commerce were to elect members of the by introducing the Diarchy.
Legislative Councils. Muslims were given 3. The Government of India Act of 1919, made a
separate representation and Muslim members provision for classification of the central and
provincial subjects. The Act kept the Income Tax
of the legislature were to be elected by
as source of revenue to the Central Government.
Muslims alone. The demand for a separate However, for Bengal and Bombay for which, to
electorate was thus accepted. meet their objections, a provision to assign them
25% of the Income tax was made.
THE GOVERNMENT OF INDIA ACT, 1915: 4. No bill of the legislature could be deemed to
The Government of India Act 1915 was an act have been passed unless assented to by the
of the Parliament of the United Kingdom, governor general. The later could however enact a
which consolidated prior Acts of Parliament Bill without the assent of the legislature.
concerning British India into a single act. It 5. This Act made the central legislature
was passed in July 1915 and went into effect bicameral. The lower house was the Legislative
Assembly, with 145 members serving three year
on 1 January 1916 (5 & 6 Geo. V, c. 61). The
terms (the model for today's Lok Sabha); the
act repealed 47 prior acts of Parliament, upper house was the Council of States with 60
starting with an act of 1770, and replaced members serving five year terms (the model for
them with a single act containing 135 today's Rajya Sabha)
sections and five schedules. It was introduced 6. The Act provided for the establishment of a
first to the House of Lords, where it was Public Service Commission in India for the first
referred to a joint committee of Parliament time.
chaired by Lord Loreburn. The committee 7. This act also made a provision that a
statutory commission would be set up at the end
removed several provisions which went of 10 years after the act was passed which shall
beyond the simple consolidation of existing inquire into the working into the system of the
law. A supplemental act, mostly technical in government. The Simon commission of 1927 was
nature and including several of the provisions an outcome of this provision.
struck out of the consolidation act, was 8. The communal representation was extended
introduced and passed in 1916, becoming the and Sikhs, Europeans and Anglo Indians were
"Government of India (Amendment) Act, included. The Franchise (Right of voting) was
granted to the limited number of only those who
1916" (6 & 7 Geo. V, c. 37). The Government
paid certain minimum “Tax” to the government.
of India Act 1915 and its supplemental act 9. The seats were distributed among the
the following year "made the English statute provinces not upon the basis of the population
law relating to India easier to understand, but upon the basis of their importance in the eyes
and therefore easier to amend." of the government, on the basis of communities,
and property was one of the main basis to
THE GOVERNMENT OF INDIA ACT, 1919: determine a franchisee. Those people who had a
The Government of India Act, 1919 made property, taxable income & paid land revenue of
substantial changes to the law. The salient Rs. 3000 were entitled to vote.
10. The financial powers of the central
features of the Act were as follows:
legislature were also very much limited. The
1. This Act had a separate Preamble budget was to be divided into two categories,
which declared that Objective of the British votable and non-votable. The votable items
Government is the gradual introduction of covered only one third of the total expenditure.
Even in this sphere the Governor-General was
responsible Government in India.
empowered to restore any grant refused or
2. Diarchy was introduced as Provincial
reduced by the legislature, if in his opinion the
Level. Diarchy means a dual set of
demand was essential for the discharge of his
governments one is accountable another is
responsibilities. Thus the Government of India Act
not accountable. The provincial subjects
provided for partial transfer of Power to the
were divided into two groups: One was
electorate through the system of diarchy. It also
reserved and another was transferred. The
prepared the ground for the Indian Federalism, as
reserved subjects were kept with the
it identified the provinces as units of fiscal and
Governor and transferred subjects were
general administration.
kept with the Indian Ministers. This
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due to opposition from rulers of the princely states.

THE GOVERNMENT OF INDIA ACT, 1935: The remaining parts of the Act came into force in
In March 1933, the British government 1937, when the first elections under the act were
announced its proposals for how India should also held.
be governed. These were published in a ‘White
Paper’ (a discussion document issued before a
Bill is presented at the British Parliament).
After discussions by British politicians, and
consultation with the ‘safe’ Indian delegates,
nominated by the government to take part in
talks, a Bill was introduced before the British
Parliament in December 1934. In August
1935 the Government of India Act became law.
This was the last major legislation that the
British government passed before
independence was granted. Its main terms
were:

 the grant of a large measure of

autonomy to the provinces of British
India (ending the system
of diarchy introduced by the Government
of Indian Act 1919
 provision for the establishment of a
"Federation of India", to be made up of
THE INDEPENDENCE ACT: On 15th July 1947 the
both British India and some or all of the
"princely states" Indian Independence Act was passed. The Act stated
 the introduction of direct elections, that from 15th August, British India would be
thus increasing the franchise from seven partitioned into two dominion states – India and
million to thirty-five million people Pakistan. Each state would have complete freedom
 a partial reorganization of the to pass any law it wished. The Government of India
provinces: Act 1935 would be the provisional constitution until
 Sindh was separated the states devised their own. On 14th August 1947, a
from Bombay new country came into being – Pakistan!
 Bihar and Orissa was split into
separate provinces AFTER THE BIRTH OF A NATION
of Bihar and Orissa
 Burma was completely CONSTITUTIONAL DEVELOPMENTS FROM 1947
separated from India TO 1956: The modified Government of India Act
 Aden was also detached from (1935) became the Interim Constitution of Pakistan
India, and established as a separate in 1947. The Constituent Assembly was given the
Crown colony
task of framing the Constitution of Pakistan.
 membership of the provincial
assemblies was altered so as to include THE CONSTITUENT ASSEMBLY: Pakistan's first
any number of elected Indian
Constituent Assembly came into being on 26th July
representatives, who were now able to
form majorities and be appointed to form 1947 and its inaugural session was held on 10th
governments August 1947. On 12th March 1949, the Constituent
 the establishment of a Federal Court Assembly assumed the future Constitution had to
be formulated. The Assembly also appointed
However, the degree of autonomy introduced
Objectives Resolution, enumerating the ideals on
at the provincial level was subject to
important limitations: the provincial which the on the same date a Basic Principle
Governors retained important reserve powers, Committee had to work out the principles on which
and the British authorities also retained a the Constitution was to be drafted.
right to suspend responsible government. The
parts of the Act intended to establish the OBJECTIVES RESOLUTION: The Objectives
Federation of India never came into operation, Resolution was a resolution adopted on 12th March
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1949 by the Constituent Assembly of g) East Pakistan had a much larger population
Pakistan. The resolution proposed by the than West Pakistan and resented the idea of
Prime Minister Liaquat Ali Khan proclaimed equal representation in the National Assembly.
that the future constitution of Pakistan would The East Pakistanis also resented having Urdu
not be modeled entirely on a European as the official language, at the expense of
pattern, but on the ideology and democratic Bengali.
faith of Islam. It declared: h) Provincial politicians objected to the power
a) The constitution should observe the being given to the Head of State and to the
principle of democracy, freedom, equality, Federal Government.
tolerance, and social justice as laid down i) Religious groups complained that the
by Islam. constitution was not sufficiently Islamic.
b) Muslims would be able to lead their lives Religious Scholar Maulana Maududi was
according to Islamic principles. disappointed with the fact that it did not
c) Other religious groups should be able to produce any positive results. According to him,
practice their religion freely. it was such a rain which was neither preceded
d) Minorities and the poor would be legally by a gathering of clouds, nor was it followed by
protected from social injustice. vegetation. Prime Minister Liaquat Ali Khan
e) All fundamental human rights should be decided that since there was so much criticism
guaranteed. of the proposals they should be given further
f) The legal system should be independent consideration. His untimely death meant that
of government. constitutional change had to wait until a new
leader was found and had time to settle in.
It was targeted by much criticism:

CONSTITUTIONAL MATTERS: The Basic Houses. Urdu would be the national language. This
Principles Committee (BPC) consisting of 24 report was severely criticized. The religious group
members was made to work for the objects that the report contained nothing related to
constitution. The various sub-committees on Islam. This report was also criticized strongly by S.C.
Federal and provincial duties, Franchise, Chattopadyaya and East Pakistan: the crux of
Judiciary, and Fundamental Rights started criticism was related to under representation in the
working. Board of Talimat-e-Islamia was also central legislature and the proposal for a strong center
set to look for advice on the religious matters. with vast powers on financial matters; East Pakistan
was given equal number of seats in Upper House, the
BASIC PRINCIPLES COMMITTEE (FIRST same as West Pakistan. Thus it reduced the principle
DRAFT) – 28TH SEPTEMBER 1950: The of majority and turned East Pakistan into a minority.
Objectives Resolution was to be built-in in the Moreover, the interim report was preposterous for the
Constitution as the order principles. East Pakistan since it had Urdu as national language
Bicameral Legislature would be set up. The and Bengali was nowhere in the constitutional arena.
Upper House: (House of Units) would have
equal representation for the units, consisting BASIC PRINCIPLES COMMITTEE REPORT (SECOND
of 100 members. The Lower House: (House of DRAFT) – 22 DECEMBER 1952 (Date According to
People) will be on the basis of Population, Nigel Kelly): This revised Report suggested the
consisting of 400 members. Both Houses will following:
enjoy equal powers. The Head of State would
be elected by joint session for five years (two 1) The Head of State must be Muslim.
times only). President had the powers of 2) There should be a House of Units with 60
emergency proclamation, official members from East Pakistan and 60 from West
appointments. The President was not Pakistan. The House of People should have 400
responsible to give answers to anyone. He members with 200 elected from each wing.
could be a Muslim or a Non-Muslim. He 3) Religious minorities would have representatives
would be assisted by the Prime Minister (PM) at National and Provincial levels.
and Cabinet. Parliament can change him by 4) The Cabinet was to be responsible to the National
2/3 majority. Nevertheless, he was given the Assembly, not the Head of State.
power to break the constitution if need be.
The Cabinet was answerable to both the
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5) The Head of State would choose a dissolved the Constituent Assembly that was
committee of Islamic specialists to ensure challenged in the Sindh High Court by Maulvi
that all legislation conformed to Tamizuddin. Sindh High court declared the dissolution
Islamic law. illegal but the Federal Court upheld the Governor-
6) The official language should be settled by General action and asked for setting up an elected
the Assembly. Constituent Assembly. Quoting from a speech by
Ghulam Muhammad on 24th October 1945 when he
Like the first report this was also criticized, dissolved the Assembly, “The constitutional machinery
but this time criticism arose from Punjab has broken down… The Constituent Assembly has lost
which considered the federal formula to be the confidence of the people and can no longer
defective. They demanded equal function.” Part of the decision made by the Sindh High
representation for various units in lower Court in February 1955 was, “The Constituent
house and equal power for both Houses. The Assembly is a sovereign body. The Governor-General
Punjab members in the Basic Principles has no power of any kind to dissolve it.”
Committee and the Federal Cabinet disliked
the formula because they felt East Pakistan THE SECOND CONSTITUENT ASSEMBLY, JUNE-
would easily dominate West Pakistan which JULY 1955: Ghulam Muhammad called a Convention
had been divided into nine units. As yet, on 10th May 1955. All its members were to be elected
Pakistan had no official language, although indirectly (by the provincial assemblies). In this way,
Urdu had been suggested under the Quaid the 2nd Constituent Assembly came into existence
and had much government support. Due to during the months of June-July, 1955.
the political crisis, on 17th April 1953 (date
according to Nigel Kelly) Ghulam Muhammad ONE UNIT SCHEME, OCTOBER 1955: The presence
dismissed Khawaja Nazimuddin and three of different provinces in the West Pakistan had
other members of the Cabinet. Ghulam complicated the issue of the West Pakistan’s
Muhammad said that: ‘I have been driven to representation in the Constituent Assembly. In
the conclusion that the Cabinet of Khawaja November 1954, Bogra had proposed that the four
Nazimuddin has proved entirely inadequate to provinces and 10 princely states within Pakistan
grapple with the difficulties facing the should be joined together to form West Pakistan. On
country.’ 5th October 1955 (date according to Nigel Kelly),
Iskander Mirza passed an order unifying all of West
BOGRA FORMULA: Mohammad Ali Bogra Pakistan in what became known as the ‘One Unit
presented his package popularly known as Scheme’. Now both the parts had become two units
the 'Bogra Formula'. The Bogra Formula was and could be addressed equally.
discussed in detail and was approved by the
Assembly. On 21st September 1954, while THE CONSTITUTION MAKING: One Unit scheme
Ghulam Muhammad was out of country,
helped the task of constitution making to achieve
Bogra persuaded the Assembly to pass laws
limiting the powers of the Governor-General successfully. The previous committee’s work helped
by saying: the new Assembly that completed its work and
1. That all his ministers, including the presented it in the 2nd Constituent Assembly on 9th
Prime Minister, must be member of the January 1956. With certain amendments, it was
Assembly. approved on January 29, 1956 On March 23, 1956, it
2. That the Assembly had to approve the was promulgated as Constitution of Pakistan. With
Cabinet, this, Pakistan had finally become an Islamic Republic.
3. That the Governor-General had to take
the advice of the ministers. THE CONSTITUTION OF 1956: The main points of
But before it could be written down in the
this constitution are as follows:
form of constitution, the Constituent
Assembly was dissolved by the then
1) Pakistan was to be federal republic based on
Governor-General, Ghulam Muhammad, on
24th October 1954. Islamic Ideology.
2) A detailed and comprehensive list of fundamental
CONSTITUENT ASSEMBLY DISSOLUTION: rights with an Independent Judiciary was
On 24th October 1954, Governor-General provided in the constitution.
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3) The system of the parliamentary form of administrative units of the western wing of the country
government was adopted both at the into One Unit, in order to neutralize the numerical
Centre and in the provinces. majority of East Pakistan. These aspects of the
4) There was distribution of powers between Constitution paved the way for subsequent crises and
the Centre and the provinces. swift changes in the governments with four prime
5) The constitution provided for Pakistan, ministers coming to office between 1956-1958.
wherein equality between East and West
wings had been maintained. RIGHTS GUARANTEED BY THE CONSTITUTION:
6) For the distribution of subjects between
 Free speech and assembly
the centre and the provinces, three lists
 Right to vote
of subject had been drawn up.
 Right to form political parties
7) There was a special procedure to be
adopted for the amendment of the  Right to criticize
constitution, yet it was the least rigid  Freedom from unlawful arrest
constitution. It was reasonably flexible.  Freedom of religion
8) It had provided for two National  Equality as a citizen
languages Urdu for the West Pakistan  Freedom of culture
and Bengali for the East Pakistan  Right to security
9) Instead of double citizenship, one  Right to marry
citizenship system was provided for the  Right to education
Federation of Pakistan.  Right to own property
10) The constitution was silent as to be  Right to choose trade and profession
method of conducting elections both for  Right to practice that profession
the Central and the Provincial
legislatures.
11) And finally, there were the Islamic
characters of the constitution. The
Islamic Provisions are as following:
i. The name of the country will be Islamic
republic of Pakistan.
ii. The preamble of the constitution
embodied the sovereignty of
God Almighty.
iii. The Head of the State shall be a
Muslim.
iv. Islamic Advisory Council shall be set
up.
v. No Law detrimental to Islam shall be
enacted.

The Second Constituent Assembly passed the

Constitution based on arbitrarily made
compromises. Hence, the Constitution could
not ensure stability. The most adverse
implication was its decision to vest extra-
ordinary powers in the President despite the
claim of the Constitution to be a
parliamentary one. The Constitution also
could not resolve the issue of the electorate.
Moreover, it created an artificial parity
between East and West Pakistan by merging
the provinces, states and others
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THE FIRST MARTIAL LAW: On October 7th,

1958, President Iskander Mirza imposed
Martial Law in the country and abrogated the
Constitution. He appointed General Ayub
Khan as the Chief Martial Law Administrator.
Twenty days later on 27th October 1958, Ayub
Khan overthrew Mirza and assumed the office
of the President as well.

BASIC DEMOCRACIES: A year later on 26th

October 1959 (date according to Nigel Kelly),
Ayub Khan introduced the Basic Democracies
Order creating 80,000 Basic Democracies
member who had to serve as the Electoral
College later. Through this Electoral College,
Ayub got elected as President in a referendum
on 14th February 1960.
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THE CONSTITUTION OF 1956 – GOVERNMENT STRUCTURES

Powers: Chooses Prime Minister, PRESIDENT FEDERAL and

can impose emergency, can dissolve PROVINCIAL
the National Assembly

Restrictions: Muslim, over 40,

Prime Minister must be from
National Assembly, dissolving of NA
only on advice of Prime Minister
PRIME MINISTER
Powers: Chooses Cabinet

Restrictions: Cabinet must be

from National Assembly

Powers: Advises President Islamic Committee now + right

of veto on legislation
Restrictions: Advises only
CABINET

PROVINCIAL ASSEMBLY
NATIONAL ASSEMBLY
A body for East Pakistan.
One house of parliament, with 300
A single ‘one unit’ body for the 4 provinces
members elected by adults over 21 years.
of West Pakistan Elected as before
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THE CONSTITUTIONAL COMMISSION: After the membership minimum age limit was 25 years.
taking over President Ayub Khan set up a 7) The National Assembly had all the powers of law
constitutional commission under Justice making but law was to be finally ratified by the
Shahab-ud-Din to suggest recommendations president. President could sign, reject or return
for the new constitution of the country. The the bill.
commission after through and lengthy 8) Financial Powers of the National Assembly were
discussion submitted its report on 6th March limited. Only new expenses could be voted. NA
1961. The report was examined by president. could not reject join Fund List and Recurring
In its report the commission highlighted the Expenditure.
reasons of the failure of parliamentary 9) There were two provinces of the federation: East
democracy in Pakistan: Pakistan and West Pakistan. Only one list of
1. It fixed the responsibility for the debacle subjects, i.e. the Central list was given in the
of democracy on the lack of dedicated constitution.
leadership. 10) Governors were head of the provinces and govern
2. Absence of well-organized political parties the province with his cabinet. Provincial
3. And the self-aggrandizement of the governments were directly under the control of
greedy politicians President. There was a strong center with a
In the view of the recommendation of the Powerful President. He had enough powers to
commission a new constitution was not manage provincial affairs. In case of emergency
framed by a constitutional body which was powers Central government could take direct
elected, nor did it enjoy popular support. The control of the province.
constitution was thrust upon the people in an PRINCIPLE POLICIES:
undemocratic and authoritarian manner. 1) National solidarity would be observed.
2) Interests of backward people would be looked
THE CONSTITUTION OF 1962: The new after.
constitution was announced on 1st March 3) Opportunities for participation in national life
1962. Although Ayub described it as 4) Education and well-being of people
combining ‘democracy with discipline’, in 5) Islam would be implemented in day to day life.
reality it set up a presidential form of 6) Fundamental Rights were provided in the
government. The Salient Features of the constitution.
Constitution were: 7) Originally Political Parties were not allowed.
1) The title of the State will be Islamic Political Parties Act was introduced in 1962.
Republic of Pakistan. 8) Objectives Resolution was the Preamble of the
2) A Powerful President who was responsible Constitution. Other Islamic provisions were a
for administration and affairs of the state. part of Principles of Policy and not the
He should be a Muslim, no less than 40 constitution.
years of age, should be capable to be a 9) An Advisory Council for Islamic Ideology was
member of NA. He would be elected made in the constitution having 5-12 members.
through not direct elections for a time of It was a recommendatory body. It was designed
five years. If he has held office for more for the Research and instructions in Islam for
than 8 years, he could look for reelection assisting the reconstruction of Muslim society
with the support of the NA and the PAs. on truly Islamic lines.
3) The National Assembly was given the power Muhammad Ayub Khan provided the Second
to charge the president, however it was Constitution to the country. Discarding the
difficult to achieve. parliamentary system, the Constitution adopted the
4) President could dissolve the NA but in that presidential form of government, but it was void of
case he must seek re-election. the system of checks and balances which is
5) President was the central point of all the enshrined in democratic Presidential systems in
Executive, Legislative and Judicial powers. other countries. Moreover, the Constitution gave
Cabinet was responsible to him. All key overwhelming powers to the President, allowing him
appointments were to be made by President. to dominate the entire constitutional system.
He could issue Ordinances. He could also
announce State of Emergency in the THE DECADE OF DEVELOPMENT
country. 10) AGRICULTURE REFORMS: Ayub’s advisors
6) The National Assembly was consisted of wanted to bring reforms in the field of
one house on the basis of principle of parity agriculture and make it more productive. They
between two wings of the country. There said that many small, subsistence holdings
were 150 seats plus 6 seats were reserved could never be efficient. A law was passed
for women. All were elected indirectly. For saying that no farm could be smaller than 12.5
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acres or larger than 500 acres (irrigated)

or 1000 acres (not irrigated). This meant
that many smaller farms found their land
was redistributed. However, the resulting A NEW CAPTIAL: Since partition, the capital had
larger farms did produce a steady rise in been Karachi. Muhammad Ayub’s government
food output. Big land owners were forced decided to build a new capital. In 1959, the site of
to find tenants for parts of their lands Islamabad was chosen to replace Karachi as the new
and this, too, raised productivity as the capital of Pakistan.
tenants and smaller farms were often AYUB KHAN STEPS DOWN:
more efficient than the larger, poorly run
Ayub's Constitution lasted as long as he survived in
farms. Three major dams were built to
office. With his departure, his system was also
help irrigation. Farmers were also loaned
folded. In fact, Ayub himself renounced the
money to build wells to reduce the need
imposition of Martial Law on 25th March 1969 as he
for canal irrigation. had realized that he had barely any support to
11) INDUSTRIAL REFORMS: Ayub’s sustain. But he did not call for new elections to
advisors pressed for more industrial choose another President. Instead he handed over
development. This was carried out with power to the army and for the second time in its
the help of loans from more short history, Pakistan experienced a Martial Law.
industrialized western countries,
particularly the USA, Germany and the
THE RISE OF YAHYA KHAN
UK. In 1962, an oil refinery was
established in Karachi and a Mineral New Chief Martial Law Administrator General Yahya
Cooperation set up for the exploration of Khan, soon after the taking-over announced that he
mineral deposits. In 1964, an economic would hold elections for the constituent assembly at
union was formed with Iran and Turkey, an appropriate time. Before the elections that were
the Regional Cooperation for held in December 1970, General Yahya dissolved
Development in which three countries One Unit and restored the former provinces along
agreed to develop ties and trade, with the creation of the Province of Baluchistan in
commerce and industry. An Export the western part of the country. He also announced
Bonus Scheme was set up offering the Legal Framework Order (LFO).
incentives to industrialist who increased The LFO brought an end to parity between East and
exports. West Pakistan, accepting the numerical majority of
12) SOCIAL & EDUCATIONAL REFORMS: the eastern wing. It also gave up the indirect
Ayub’s advisors drew up new curricula elections as had been introduced by Ayub Khan. The
for schools and suggested that new 1970 elections, thus, were the first general elections
textbooks should be published. The in the country to be held on the basis of adult
government began an extensive literacy franchise.
program, building new schools and However, the election results that brought Sheikh
colleges. There was also an attempt to Mujib-ur -Rehman's provincial autonomist Awami
deal with shelter less people. In some League as the majority party in the National
cities, especially Karachi, refugees from Assembly could not be reconciled by the military
the partition era had still not been able to regime. The failure of dialogue between the regime,
find permanent homes. Ayub’s the Awami League and the Pakistan People's Party
government also tried to control which had emerged as the majority party in two
population growth and set up the Family provinces of West Pakistan - the Punjab and Sindh-
Planning Programme, funding largely by paved the way for a crisis which the military regime
American loans. The government used tried to resolve by force.
radio, cinema, newspapers, posters and
leaflets to persuade Pakistanis to limit THE OUTBREAK OF THE 1971 WAR: There was
the size of their families. The Programme, first an outbreak of a civil war in Pakistan as a
however, was not particularly successful. consequence of Yahya sending an army into East
Medical facilities were also improved. Pakistan to ‘keep order’ and the Awami League was
More medical and nursing training banned. Yahya claimed that Mujib (leader of Awami
schools were set up to increase the League) was claiming to declare independence, and
number of doctors and nurses. although this was unlikely, fears increased when on
26th March (date according to Nigel Kelly), Sovereign
CSS Exam Desk by Aamir Mahar People’s Republic of Bangladesh was announced in
a secret radio broadcast from Dhaka. Problems
aroused when a war broke out with India as a result
 https://superiorexams.pk

of a mistake. On 3rd December Pakistani Air government with a very weak President.
Force launched attacks, not on East Pakistan, President must act on the advice of PM. All his
but on Northern India. Mrs. Gandhi, the orders were to be countersigned by PM. Prime
Indian leader, reacted immediately. This led Minister to be elected by the NA. PM exercised
to the war between India and Pakistan in all executive authority. An important aspect of
1971. India assisted East Pakistan – or what, the Constitution of 1973 was the sustainability
by this stage, was Bangladesh, in gaining of the National Assembly, which was elected for
independence. In this war, Pakistan army the duration of five years and could be dissolved
decided to surrender although it was positive by the President only on the advice of the Prime
to defeat India and punish East Pakistan for Minister. This was a normal parliamentary
rebelling. It was due to the fact that East practice that was incorporated in the
Pakistanis were determined to fight against Constitution. In order to strengthen the
West Pakistan to attain freedom and now had parliament, it was laid down that a Prime
India’s support, while Pakistan could expect Minister against whom a resolution for a vote of
very little from its allies in arbitration and no-confidence had been moved in the National
pacification of this outbreak. The military Assembly, but had not been yet voted upon, or
regime's failure in crisis management led to against whom such a resolution had been
its intensification and culminated in the passed, or who was continuing in office after his
separation of East Pakistan on December 16, resignation, could not recommend the
1971. On 21st December 1971, the Republic dissolution of the National Assembly to the
of Bangladesh was officially declared. Defeat President. PM was answerable to the NA. In
in the war brought disgrace for Yahya and for 1985, powers of the President were increased.
the army. On 20th December, Yahya resigned He enjoyed some discretion in appointments of
as President and was replaced by Z.A. Bhutto; PM. He had power to break up the NA. He had
hence, Bhutto uplifted the second Martial the powers of appointment of caretaker PM. He
Law. He got the approval of the Opposition for gives his assent to bills passed by the
his interim Constitution to govern the country parliament or returns these.
as long as the permanent Constitution was 2. President: Must be at least 45 years of age,
not made. National Assembly approved a Muslim, qualified to become member of the NA.
temporary Constitution, which was imposed He is elected by the Parliament and the
on April 21, 1972. Provincial Assemblies for 5 years.
3. Parliament with two houses: Upper House is
THE CONSTITUTION MAKING: called Senate. In this house equal
The Constitutional Committee comprising representation is given to Provinces. Seats are
National Assembly members from all parties reserved for the tribal areas, women and
was set up in April 1972. Law Minister was technocrats. Its original strength was 63, which
the Chairman of this Committee. All parties was later raised to 87 and then to 100. Senate
agreed on the future political system in is elected indirectly. It’s a permanent House as
October 1972. The Committee reported on half of its members are elected after three years.
December 31, 1972. After long deliberations Lower House is called the National Assembly.
and compromises, final draft was approved National Assembly is elected on population
commonly on April 10, 1973. basis. Its original strength was 210 but now it is
342. It is elected for five years through direct
THE CONSTITUTION OF 1973 elections. Voting age for the franchise is lowered
The new Constitution was adopted on from 21 to 18. Parliament under 1973
August 14, 1973. The Constitution functioned constitution is a powerful legislative body that
since then with two gaps. It remained enjoys all legislative powers. It has control of the
operational during following periods: executive through questions, resolutions,
parliamentary committees, etc. National
1973-77: Operational
Assembly is more powerful than the Senate.
1977-1985: Suspended
Budget is presented before NA. Cabinet is
1985-1999: Operational after changes answerable to National Assembly.
1999-2002: Suspended 4. Federal System: The federation of Pakistan has
2002 onwards Operational after changes four provinces and federally administered areas.
(Next Section). Following are the features of The two lists are given in the constitution:
the constitution: Federal list and Concurrent list. Residuary
1. Parliamentary System: It was a powers belong to provinces. Provincial
parliamentary constitution having Governors are appointed by the President on the
powerful Prime Minister (PM) as head of advice of the PM. Elected Chief Minister

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exercises executive powers. article 2-A of 8th amendment it was inserted in

Parliamentary system is there in the the constitution in 1985. Islam was declared the
provinces. Size of the provincial State Religion of Pakistan. Definition of Muslim
assemblies varied but in 2002, Punjab was included by an amendment. Principles of
had 371; Sindh had 168; NWFP (later Policy also carry some Islamic clauses. Council
renamed as Khyber Pakhtunkhwa) 124; for Islamic Ideology is recognized under the
Balochistan had 65. Enough provincial constitution. Federal Shariat Court was added
independence is guaranteed and the in 1981.
tradition of strong center continued. 8. National Language: Urdu was declared the
Centre has emergency powers. National language, however English may be
Governor’s rule can be forced if the used for official purposes until preparations
government cannot function in the would be made for its replacement by Urdu.
provinces. Provinces are dependent on Provincial Assembly may prescribe measures for
center for Finances. teaching, promotion and use of a provincial
5. Principles of Policy: Islamic provisions language in addition to the national language.
are provided in Principles of Policy. 9. National Security Council: National Security
6. Fundamental Rights: Fundamental Council was added in 2002 in advisory capacity.
Rights are protected in the constitution 10. Judiciary: An independent judiciary is given
and are implemented through the highest under the constitution. Supreme Court of
court. Pakistan is the highest court. One High Court is
7. Islamic Provisions: Title of the state is established in each province and one in Azad
Islamic Republic of Pakistan. The Kashmir. A chain of lower courts is there under
objectives resolution was the Preamble in the high courts.
the initial constitution but through

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LIST OF AMENDMENTS TO THE CONSTITUTION OF PAKISTAN

1.
Redefined the boundaries of Pakistan and removed references to East May 4, 1974
Pakistan.
2. Defined a Muslim and declared the status of Ahmadis as minority and 'non- Sept 7, 1974
Muslim'.
3. Extended the period of preventive detention. February 18, 1975
4. Decreed additional seats for minorities, it also deprived courts of the power November 21, 1975
to grant bail to any person detained under any preventive detention.
5. Widened the scope of restriction on the High Courts. September 5, 1976
6. Provided that Chief Justice of Supreme Court will be retired at the age of 65 December 22, 1976
and High Court judges at age 62.
7. Enables the Prime Minister to obtain a vote of confidence of the people of May 16, 1977
Pakistan.
8. Changed Pakistan's government from a Parliamentary system to a Semi- November 11, 1985
presidential system by giving the President a number of additional powers.
9. Bill to impose Shariah law as the supreme law of land. The bill was passed Not Passed
by Senate but could never be passed by National Assembly owing to the
latter's dissolution.
10. Fixed the interval period between sessions of the National Assembly to not March 29, 1987
exceed 130 days.
11. Revision of the reserved seats for women in the National and the provincial Not Passed
assemblies. The bill was withdrawn in 1992
12. Created Speedy Trial Court for 3 years. Passed in 1991
13. Stripped the President of Pakistan of his reserve power to dissolve Passed in 1997
the National Assembly of Pakistan, and thereby triggering new elections and
dismissing the Prime Minister.
14. Allowed members of parliament to be dismissed if they defect. July 3, 1997
15. Bill to impose Shariah law as supreme law of land. Was never passed. Not Passed
16. Increased the term appointed for quota system as per 1973 Constitution 1999
from 20 to 40 years.
17. Made changes dealing with the office of the President and the reversal of the 2003
effects of the Thirteenth Amendment.
18. Removed the power of President of Pakistan to dissolve the Parliament April 8, 2010
unilaterally.
19. Provided for the appointment of the Judges of the Supreme Court of December 22, 2010
Pakistan and made amendments in the number of members of the
parliamentary committee for the appointment of Chief Electoral
Officers at Election Commission of Pakistan.
20. For Free and Fair Elections. February 14, 2012
21. For Speedy Trial Military Courts to deal with terrorism. January 7, 2015
22. ECP powers deputed to Chief Election Commissioner. June 8, 2016
23. The 23rd Amendment was passed to re-establish the military courts for January 7, 2017
further two years till 6th January 2019.[3] In 2015, National Assembly
passed the 21st Amendment and created the military courts for the period
of 2 years. The period of two years was expired on 6th January 2017 hence
this 23rd Amendment was passed to re-establish the military courts for
further two years till 6th January 2019. At the end of this period all the
amendments will be expired/removed automatically.
24. Reallocation of National Assembly seats among federating units and December 22, 2017
allowing election authorities to update boundaries of constituencies based
on provisional results of 2017 Census of Pakistan.
25. Merges Federally Administered Tribal Areas with Khyber Pakhtunkhwa May 31, 2018

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MOST IMPORTANT AMENDMENTS

 8TH AMENDMENT (58-2b): The Eighth required by law to establish local government
Constitutional Amendment added a clause to systems, devolve political, administrative and
the Article 58 giving to the President the financial responsibility and authority to elected
power to dissolve the National Assembly in representatives. PM to be the chairperson of CCI;
his discretion where, in his opinion, an members to include CMs; 3 members from
appeal to the electorate was necessary. This federal government. Amendment to Article 157
clause had far reaching implications not only says federal government must consult provincial
in making the assembly dependent and government before installing hydroelectric power
subservient to the President, but also stations in any province. PM to forward three
drastically changing the parliamentary names for office of CEC, in consultation with
character of the Constitution, tilting it opposition leader in National Assembly, to a
towards a presidential one. After being parliamentary committee for confirmation.
inducted in the Constitution, this clause was Committee proposes insertion of Article 175(a) to
invoked by the President on four occasions deal with appointment of judges to Supreme
in a short span of nine years between 1988 Court, high courts, Federal Shariah Court.
and 1996. This clause was repealed in the Committee proposes substitution of Article 243,
Thirteenth Constitutional Amendment says federal government ‘shall have control and
passed on April 04,1997 (Nawaz Sharif govt). command of armed forces, supreme command of
The Eighth Amendment had given similar armed forces shall [rest with] … president.
power to the governors with respect to the President to appoint Joint Chiefs of Staff
provincial assemblies. Committee chairman, Chief of Army Staff, Chief
 13TH AMENDMENT: The parliamentary of Naval Staff, Chief of Air Staff. NWFP will be
character of the Constitution was restored as renamed ‘Khyber Pakhtunkhwah’. State will
a result of the Thirteenth Amendment (1997) provide free, compulsory education to children
which also accompanied the restoration of aged between 5 and 16 years. Amendments to
the prime ministerial advice as being binding Clause 1 seek substitution of ‘Baluchistan’ with
for the President with respect to the ‘Balochistan’, ‘Sind’ with ‘Sindh’. Insertion of
appointment of governors and taking away of clause sought to bar persons acquiring
the discretionary powers of the President to citizenship of foreign country from contesting
appoint the three chiefs of the armed forces. elections to parliament. All elections will be held
 17TH AMENDMENT: However, the under constitution, other than those of PM and
Seventeenth Amendment (was an CM, to be by secret ballot.
amendment to the Constitution of Pakistan
passed in December 2003, after over a year CONCLUSION:
of political wrangling between supporters The constitutional history of Pakistan reflects the
and opponents of Pakistani President Pervez social, economic and political dynamics of the
Musharraf) once again shifted the pendulum state, exhibiting the clashes between the vital
to the side of the President. The President interests of the main social groups in Pakistan.
can now once again dissolve the National The struggle over most constitutional issues (the
Assembly at his discretion. state language, from of elections, division of
 18TH AMENDMENT: It was passed by the powers between the Federation and the Provinces,
National Assembly of Pakistan on April 8, etc.) went on for years altogether, often time to
2010, removing the power of the President of an extreme extent under adverse political
Pakistan to dissolve the Parliament exploitation. The present Constitution of
unilaterally, turning Pakistan from a semi- Pakistan is characterized by such fundamental
presidential to a parliamentary republic. principles as a parliamentary republican system,
federal state structure, and proclamation of
Highlights of the 18th Constitutional democracy, freedom, equality, tolerance and
Amendment: Amendment to Article 6 seeks to other bourgeois-democratic freedoms, and the
pre-empt military coups in future. Article 58(2b) attainment of social justice as the supreme aim
to be repealed, substituted with ‘Dissolution of of the state. After the huge turnout of 2018
National Assembly’. President may dissolve NA in elections, the society unanimously has taken
case no confidence vote passed against PM. Total democratic values of the state in their hands to
strength of cabinet should not exceed 11% of make Pakistan as peaceful and tolerant of a
total membership of parliament. Governor society as the global arena today yearns for.
should be a resident and registered voter of Pakistan has and will continue to stand in the
his/her province, he/she would be appointed by face of extremism, terrorism, intolerance and
president on prime minister’s advice. Provinces corruption, and now Pakistanis show a profound

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political sense to take responsibility of the state

reputation and the sanctity of her constitution.

REFERENCES
I. Jamil, Tahir. Constitutional Development
in Pakistan. (Presentation). Retrieved from:
LinkedIn
II. Kelly, Nigel. (2004). The History and
Culture of Pakistan, 2010 Edition. London,
England. PEAK PUBLISHING.
III. Khan, Hamid. (2001). CONSTITUTIONAL
AND POLITICAL HISTORY OF PAKISTAN,
3RD Edition 2017. Karachi, Sindh. Oxford.
All dates are according to this book, if not
mentioned otherwise.
IV. https://en.wikipedia.org/wiki/Amendme
nts_to_the_Constitution_of_Pakistan
V. https://en.wikipedia.org/wiki/Governme
nt_of_India_Act,_1915
VI. https://en.wikipedia.org/wiki/Governme
nt_of_India_Act_1919
VII. https://en.wikipedia.org/wiki/Governme
nt_of_India_Act_1935
VIII. https://en.wikipedia.org/wiki/Indian_Co
uncils_Act_1861

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