Lec-11 Constitution of 1956 (Fall)

HIS-103
LEC- 11
The Constitution of 1956
Introduction
 Constitution is a set of basic principle, and
framework for governance and exercise of political
power and legal authorities
 Constitution is generally understood as the guiding
force of a nation
 It clarifies the scope of power, relationship among
various institutions within the government and

society
 A constitution has precedence over ordinary laws and
cannot be changed like ordinary laws

Background
 The Government of India Act (1935) was adopted after
minor modifications as interim constitution of newly
independent state of Pakistan
 India framed its constitution just two years after
independence
 It took nine years for Pakistan to adopt its first
Constitution
Constitution of 1956
 The Constitution of 1956 was the fundamental law
of Pakistan from March 1956 until 1958
 It was the first constitution adopted by independent
Pakistan
Origin
 Pakistan 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
 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
Origin
 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
Reactions of the Non-Muslims
 The resolution was debated for five days
 The leading members of the government and a large
number of non-Muslim members, especially from East

Pakistan, 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 view in all the basic points
Reaction of the Muslims
 Muslim scholars and a large portion of the people of
Pakistan were of the view that this was exactly what
Jinnah wanted
 Good step forward in the constitutional history of
Pakistan
 Objective resolution provided the minorities with equal
rights and that they had no compulsion, whatsoever, in

adopting or converting into Islam
MUHAMMAD ALI BOGRA FORMULA
 After the assassination of L.A.Khan, Muhammad Ali
Bogra presented a formula to resolve the deadlock in
constitution making
 Bicameral Legislature
 Upper House Lower House
 Equal rep. of all the provinces. Rep. awarding to
pop.
 East Pakistan got more representation
 Both wings would have equal strength in joint sessions
of the Parliament
Adoption of the Constitution
 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
Salient Features
 Written 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
Salient Features
 Federal System - The constitution provides for a federal system in the
country. Powers was divided between the centre and the provinces
 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. In addition, there were 10 more
seats reserved for women for a period of 10 years
 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.
Salient Features
 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
Demise
 The people of East Pakistan were not happy with this
constitution because they were demanding their share
in the government according to their population
because their population was more than that of West
Pakistan.
 The Bengalis were underrepresented in the National
Assembly
 Most of the Bengali nationalists did not accept this
constitution and boycotted the celebration on the eve

of its enforcement
Demise
 This constitution went on for only two years
 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
 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

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HIS-103

various institutions within the government and

cannot be changed like ordinary laws

number of non-Muslim members, especially from East

about their position and role in the new policy

that the Objectives Resolution differed with

rights and that they had no compulsion, whatsoever, in

1956, and it was enforced on 23 March 1956,

 Written Constitution - This is a written and lengthy

constitution and boycotted the celebration on the eve

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