Overview of Constitutional Developments in Pakistan (1947–1973)

Pakistan’s constitutional journey from 1947 to 1973 was marked by political instability, civil-
military conflicts, and ideological struggles between Islamic and democratic governance.
The country witnessed three different constitutions (1956, 1962, and 1973), each reflecting
changing political realities and civil-military power struggles.

This account focuses on:

1. Making of the Constitution of Pakistan (1962)

2. Salient Features of the 1962 Constitution

3. Making of the Constitution of Pakistan (1973)

4. Salient Features of the 1973 Constitution

1. Making of the Constitution of Pakistan (1962)

1.1. Background and Context

 The 1956 Constitution, Pakistan’s first democratic constitution, was abrogated by

President Iskander Mirza in 1958, and martial law was imposed by General Ayub
Khan.
 In October 1958, Ayub Khan overthrew Mirza, abolished the parliamentary system, and
established military rule.

 In 1959, he appointed a Constitution Commission to draft a new constitutional

framework that would ensure stability and governance under his rule (Kennedy,
2006).

1.2. Goals of the 1962 Constitution

 Ayub Khan sought a presidential system, arguing that parliamentary democracy had
failed in Pakistan.

 He wanted a strong central authority to prevent political instability and regional

separatism (Jalal, 1994).

 The new constitution aimed to introduce controlled democracy under military

oversight.

1.3. Promulgation of the Constitution (1962)

 The constitution was drafted under the supervision of Justice Shahabuddin and senior
military advisors.
  The 1962 Constitution was formally promulgated on June 8, 1962.

 It replaced martial law with constitutional rule but strengthened the executive
authority of the president.

"Ayub Khan designed the 1962 Constitution to centralize power and limit democratic
instability." — Kennedy (2006).

2. Salient Features of the 1962 Constitution

The 1962 Constitution introduced a presidential system and concentrated executive power in
the hands of the president.

2.1. Presidential System of Government

 The President was both the Head of State and Government.

 All executive powers were centralized in the President’s office, eliminating the role of a
Prime Minister.

 The President had the authority to appoint governors, ministers, and judiciary officials
(Rizvi, 2000).

2.2. Unicameral Legislature

 The constitution introduced a unicameral legislature (National Assembly) instead of a
bicameral system.

 The President could dissolve the National Assembly at will, limiting parliamentary
autonomy.

2.3. Indirect Elections

 The President and the National Assembly members were elected through an indirect
electoral system known as Basic Democracies.

 A college of 80,000 elected representatives (local government officials) selected the

President and the legislature.

 This system limited direct democracy and gave the military control over electoral
outcomes.

2.4. Role of Islam

 The 1962 Constitution removed the title of "Islamic Republic", declaring Pakistan
simply as "Republic of Pakistan".
  However, under public pressure, Ayub Khan reinstated Pakistan’s Islamic character in
1963, reaffirming that laws must align with Islam (Kennedy, 2006).

2.5. Fundamental Rights

 The constitution ensured fundamental rights, including freedom of speech, religion,

and property.

 However, these rights could be suspended under emergency laws.

2.6. Separation of Judiciary and Executive

 The Supreme Court was given limited autonomy, and the President could remove
judges.

 The judiciary remained under the influence of the executive.

2.7. Provincial Autonomy

 The 1962 Constitution weakened provincial autonomy, concentrating power in the

federal government.

 The Governor of each province was directly appointed by the President.

"The 1962 Constitution created a bureaucratic and military-dominated state, limiting true
democratic representation." — Rizvi (2000).
2.8. End of the 1962 Constitution

 The 1962 Constitution failed to address growing demands for democracy.

 It was abrogated in 1969 when General Yahya Khan imposed martial law after Ayub
Khan’s resignation.

3. Making of the Constitution of Pakistan (1973)

3.1. Background and Political Crisis (1971 War & Breakup of Pakistan)

 The failure of the 1962 Constitution and the secession of East Pakistan in 1971 forced
Pakistan to draft a new democratic constitution.

 Zulfikar Ali Bhutto, the new Prime Minister, initiated the constitution-making process in
1972 to restore democratic governance (Ahmed, 2017).

3.2. Consensus-Building and Drafting

 A Constitutional Committee was formed under Bhutto’s leadership, with participation

from all major political parties.
  The constitution was drafted based on the principles of parliamentary democracy,
federalism, and Islamic governance.

 On April 10, 1973, the National Assembly approved the new constitution, which was
formally enacted on August 14, 1973 (Rizvi, 2000).

"The 1973 Constitution was Pakistan’s first democratic constitution with full political
consensus." — Ahmed (2017).

4. Salient Features of the 1973 Constitution

The Constitution of 1973 remains the current and most enduring legal framework of
Pakistan.

4.1. Parliamentary System of Government

 The President became a ceremonial head, while executive power was vested in the
Prime Minister.

 The Prime Minister was elected by the National Assembly and held real executive
authority.

4.2. Bicameral Legislature

 A bicameral parliament was introduced, consisting of:

o National Assembly (lower house) – based on direct elections.

o Senate (upper house) – representing the provinces equally.

4.3. Islam as the State Religion

 The constitution declared Islam as the state religion and required all laws to be
consistent with Islamic teachings (Ahmed, 2017).

 The Council of Islamic Ideology was established to ensure laws conformed to Islamic
principles.
4.4. Fundamental Rights and Judiciary Independence

 Guaranteed fundamental rights, including freedom of speech, religion, equality, and

legal protection.

 Strengthened the judiciary’s independence, ensuring that judges could not be arbitrarily
removed.
4.5. Federalism and Provincial Autonomy
  The four provinces (Punjab, Sindh, Balochistan, and Khyber Pakhtunkhwa) received
greater autonomy.

 The Concurrent List defined powers shared between federal and provincial
governments.

4.6. Official Language

 Declared Urdu as the national language, with English as an official language for
administrative use.

"The 1973 Constitution was the first constitution that reflected the political aspirations of
Pakistan’s diverse population." — Rizvi (2000).

Conclusion

The constitutional development of Pakistan (1947–1973) reflects the country’s struggle

between democratic governance and military rule. The 1962 Constitution created a
centralized presidential system, but it failed due to lack of democratic legitimacy. The 1973
Constitution, in contrast, introduced a parliamentary democracy, ensuring a balance of power
between the center and provinces.
Despite amendments and political changes, the 1973 Constitution remains the foundation of
Pakistan’s legal and political structure today.

Works Cited

 Ahmed, I. (2017). Pakistan: The Garrison State. Oxford University Press.

 Jalal, A. (1994). The Sole Spokesman: Jinnah, the Muslim League, and the Demand for
Pakistan. Cambridge University Press.

 Kennedy, C. H. (2006). Constitutional Development in Pakistan: Stagnation and

Conflict. Vanguard Books.

 Rizvi, H. A. (2000). Military, State, and Society in Pakistan. Palgrave Macmillan.