Constitutional development in Pakistan

Week 5 – 1956- 1962

Week 6 -- 1973
 What Is Constitution

Constitution is a set of laws/principles may be

written or unwritten on which a country is
acknowledged to be governed.
The system of fundamental laws and principles that
prescribes the nature, functions, and limits of a
government or another institution.
Constitution is the fundamental law of the land and
it is from this source that all the laws spring.
 Kinds & Types of Constitution

 Written
 Unwritten
Partly written
Types:
Federal
Unitary
 Constitution making 1947 to 1956

The modified Government of India Act (1935)

became the Interim Constitution of Pakistan in 1947.
The Constituent Assembly (CA) was given the task of
framing the Constitution.
first Constituent Assembly came into being on July
26, 1947 and its inaugural session was held on
August 10, 1947.
 Objective Resolution

The Objectives Resolution was a resolution adopted

on March 12, 1949 by the Constituent Assembly of
Pakistan.
 The resolution, proposed by the Prime Minister,
Liaquat Ali Khan, proclaimed that the future
constitution of Pakistan would not be modeled
entirely on a European pattern, but on the ideology
and democratic faith of Islam.
 Provisions:

Sovereignty belongs to Allah alone but He has

delegated it to the State of Pakistan through its
people for being exercised within the limits
prescribed by Him as a sacred trust.
 The State shall exercise its powers and authority
through the chosen representatives of the people.
 The principles of democracy, freedom, equality,
tolerance and social justice, as enunciated by Islam,
shall be fully observed.
 The Basic Principles Committee (BPC)

consisting of 24 members was made to work for the

constitution.
The various sub-committees on Federal and
provincial duties, Franchise, Judiciary, and
Fundamental Rights started working.
 Board of Talimat-i-Islamia was also set to look for
advice on the religious matters.
 First Draft

Basic Principles Committee (Ist Draft) 28th

September 1950
The Objectives Resolution to be built-in in the
Constitution as the order principles.
Legislature: Bicameral Legislature.
 Upper: (House of Units) Equal representation for
the units 100 members.
 Lower House (House of People) on the basis of
Population-400 members. – Both Houses will enjoy
Equal powers.
 First Draft

The Head of State elected by joint session would be for

five years (Two times only).
 President had power of emergency proclamation.
 Appointment and other powers. • was not responsible to
give answer to anyone. • can be a Muslim or non-Muslim.
• would be assisted by the Prime Minister (PM) and
Cabinet . • Parliament can charge him by 2/3 majority. •
He was given the power to break the constitution.
 Cabinet was responsible to both the Houses.
: Urdu will be national language.
Highly Criticized
 Basic Principle Committee Report, July 1952 (2nd Draft)

Head of State would be Muslim and no change in powers.

 Equal representation to East and West wings:
 UH (Upper House-House of Units) 60, 60.
 LH (House of People) 200, 200.
 More powers were given to Lower House.
 Cabinet was made responsible to Lower House.
 It was promised that law making would be in accordance
with ISLAM.
 Advisory Board of five Islamic scholars was founded.
 Quiet on national language again.
 Political Instability

 The political crisis removed Prime Minister Nazimuddin (October

07, 1953), and attention unfocused from the main issue.
 Bogra Formula • Mohammad Ali Bogra, presented his package
popularly known as the 'Bogra Formula'.
 The Bogra Formula was discussed in detail and was approved by
the Assembly but before it could be written down in the form of
constitution, the Constituent Assembly was dissolved by the then
Governor general, Ghulam Muhammad, on October 24.
 Constituent Assembly Dissolution On 24th October 1954, GG
(Governor General) dissolved the CA that was challenged in the
Sindh court by Maulvi Tamizuddin.
 Sindh High court declared the dissolution illegal but the Federal
Court upheld the GG action and asked for setting up an elected CA.
 2nd Constituent Assembly

2nd Constituent Assembly, June-July 1955 • Ghulam

Muhammad called a Convention on May 10, 1955. • All
its members were to be elected indirectly (by the
provincial assemblies). • In this way, the 2nd CA came
into Existence.
 One Unit Scheme, October 1955 & Constitution of
1956

 The presence of different provinces in the WP had complicated

the issue of the WP’S representation in the CA. It was handled
by uniting all the WP units into ONE (One Unit, October 30,
1955).
 Now both the parts had become two units and could be
addressed equally.
 Constitution-making • One Unit scheme helped the task of
constitution making to achieve successfully. • The previous
committees work helped the new Assembly that completed its
work and presented it in the 2nd CA on January 9, 1956. • It,
with certain amendments, it was approved on January 29, 1956
• On March 23,1956, It was promulgated as Constitution of
Pakistan. • With this Pakistan had become an Islamic Republic.
 Provisions of 1956 Constitution

 Pakistan was to be federal republic based on Islamic Ideology.

 A detailed and comprehensive list of fundamental rights with an
Independent Judiciary was provided in the constitution. •
 The system of the parliamentary form of government was adopted both at
the Centre and in the provinces.
 There was distribution of powers between the Centre and the provinces.
 The constitution provided for Pakistan, wherein equality between East and
West wings had been maintained.
 For the distribution of subjects between the centre and the provinces, three
lists of subject had been drawn up.
 There was a special procedure to be adopted for the amendment of the
constitution, yet it was the least rigid constitution. It was reasonably
flexible.
 It had provided for two National languages Urdu for the West Pakistan and
Bengali for the East Pakistan.
Islamic provisions of the 1956 constitution:

The name of the country will be Islamic republic of

Pakistan.
 The preamble of the constitution embodied the
sovereignty of God Almighty.
 The Head of the State shall be a Muslim.
 Islamic Advisory Council shall be set up.
 No Law detrimental to Islam shall be enacted.
Could not resolve the issue of Elections
 Martial Law 1958

 On October 07, 1958, President Iskander Mirza imposed

Martial Law in the country and abrogated the Constitution
and appointed General Ayub Khan as the Chief Martial
Law Administrator. • Twenty days later on October 27,
1958, Ayub Khan overthrew Mirza and assumed the office
of the President as well.
31. Basic Democracies • A year later on October 27, 1959,
Ayub Khan introduced the Basic Democracies Order
creating 80,000 BD member who had to serve as the
electoral college later Through this electoral college, Ayub
got elected as President in a referendum on February 14
1960.
 Constitutional commission and 1962 constitution

 After taking over President Ayub Khan set up a constitutional

commission under justice Shahab-ud-Din to suggest
recommendations for the new constitution of the country. • The
commission after through and lengthy discussion submitted its
report on 6th March 1961.
 commission highlighted the reasons of the failure of parliamentary
democracy in Pakistan:-
 It fixed the responsibility for the debacle of democracy on the lack of
dedicated leadership.
 In the view of the recommendation of the commission a new
constitution was not framed by a constitutional body which was
elected nor did it enjoy popular support.
 The constitution was thrust upon the people in an undemocratic and
authoritarian manner.
 Features of 1962 Constitution

 Title of the State will be Islamic Republic of Pakistan.

 A Powerful President who was responsible for administration and
affairs of the state.
 He should be a Muslim, no less than 40 years of age, should be
capable to be a member of NA.
 He would be elected through not direct elections for a time of five
years.
 If he has held office for more than 8 years, he could look for
reelection with the support of the NA and the PAs.
 National Assembly was given the power to charge the president,
however it was difficult to achieve.
 President could dissolve the NA but in that case he must seek re-
election.
 Features of 1962 Constitution

President was the central point of all the Executive,

Legislative and Judicial powers.
 Financial Powers of NA were limited.
National solidarity would be observed.
Islam would be implemented in day to day life.
 Originally Political Parties were not allowed.
Objectives Resolution was the Preamble of the
Constitution
An Advisory Council for Islamic Ideology was made
in the constitution having 5-12 members
 Ayub Khan step down and Separation of Bangladesh

 Ayub Steps Down • Moreover the Constitution gave over whelming

powers to the President who dominated the entire constitutional system.
• Ayub's Constitution lasted as long as he survived in office. • With his
departure his system was also folded. • In fact Ayub himself announced
the imposition of Martial Law on March 25, 1969. The
 Yahya Khan • New Chief Martial Law Administrator General Yahya
Khan, soon after the taking-over announced that he would hold elections
for the constituent assembly at an appropriate time.
 Before the elections that were held in December 1970, General Yahya
dissolved One Unit and restored the former provinces along with the
creation of the Province of Baluchistan in the western part of the country.
 . • The 1970 elections, thus, were the first general elections in the country
to be held on the basis of adult franchise,
 Sheikh Mujib and Zulfiqar Ali Bhutto issue
 Constitution Making

Constitutional Committee comprising National

Assembly (NA) members from all parties was set up in
April 1972.
 Law Minister was the Chairman of this Committee.
 All parties agreed on the future political system in
October 1972.
 The Committee reported on December 31, 1972. After
long deliberations and compromises final draft was
approved commonly on April 10, 1973.
 The new Constitution was imposed on August 14,
1973.
 Features of the Constitution 1973

 It was a parliamentary constitution having powerful

Prime Minister (PM) as head of government with a
very weak President. President must act on the advice
of PM. All his orders were to be countersigned by PM.
Prime Minister to be elected by the NA. PM exercised
all executive authority.
The sustainability of the National Assembly, which
was elected for the duration of five years and could be
dissolved by the President only on the advice of the
Prime Minister. • This was a normal parliamentary
practice that was incorporated in the Constitution.
 Removal Of PM

 In order to strengthen the parliament, it was laid

down that a Prime Minister against whom a
resolution for a vote of no-confidence had been
moved in the National Assembly, but had not been
yet voted upon, or against whom such a resolution
had been passed, or who was continuing in office
after his resignation, could not recommend the
dissolution of the National Assembly to the
President.
 Parliament with two houses:

 Upper House called Senate. In this house equal representation is

given to Provinces. Seats are reserved for the tribal areas, women
and technocrats. Its original strength was 63, which was later
raised to 87 and then to 100.
 Lower House(National Assembly) National Assembly is elected on
population basis.
 Its Original strength was 210 but now it is 342.It is elected for five
years.
 Direct elections Voting age for the franchise is lowered from 21 to
18.
 National Assembly is more powerful than the Senate. Budget is
presented before NA.
 Cabinet is answerable to National Assembly.
 Islamic Provisions:

 Title of the state is Islamic Republic of Pakistan.

 The objectives resolution was the Preamble in the
initial constitution but through article 2-A of 8th
amendment it was inserted in the constitution in 1985.
 Islam was declared the State Religion of Pakistan.
 Definition of Muslim was included by an amendment.
 Principles of Policy also carry some Islamic clauses.
 Council for Islamic Ideology is recognized under the
constitution.
 Federal Shariat Court was added in 1981.
 Amendments in 1973 constitution

1. May 4, 1974: Recognition of Bangladesh; Redefined boundaries of the

country; Omission of References to East Pakistan in the Constitution.
2. September 7, 1974: Defined a Muslim; Ahmadis were defined as non-
Muslim and Minority.
3. February 18, 1975: To victimize political opponents period of preventive
detention was increased from one month to three months.
4. November 21, 1975: Curtailed the jurisdictions of courts; courts were not
allowed to grant bail to a person detained under preventive detention
5. September 5, 1976: Widened the scope of restrictions
6. December 22, 1976: passed on the last day of the assembly before the
elections; Chief Justice of Supreme Court and High court would
complete 5 and 4 years of tenure even if they get past the age of 65 and
62 respectively.
7. May 16, 1977: Provided for a referendum to demonstrate confidence in
the Prime Minister.
 Amendments in 1973 constitution

8. November 11, 1985: This gave the president the power to nominate PM
from amongst the members of NA
9. (NOT PASSED): Bill to impose Shariat Law as the supreme law of the
land; passed by the senate but before the committee appointed
presented it before the National Assembly, it was dissolved.
10. March 29, 1987: Decreased the duration of the interval between the
sessions of the NA and Senate from 160 to 130 days.
11. (NOT PASSED): Presented in Senate on August 31, 1989, to restore the
seats of women
12. July 28, 1991: Established Speedy Courts for the trial of dreadful
offenses for 3 years; raised the salaries of the judges of Supreme Court
and High Courts.
13. April 4, 1997: Moved and passed in minutes by relaxing the usual rules
to pass constitutional amendment; Undone 8th amendment (Powers of
the president including 58-2 (B) were reduced but no change in the
changes related to Islam.
 Amendments in 1973 constitution

15. (NOT PASSED): Bill to impose Shariat Law as supreme Law of the Land;
Passed by NA on August 28, 1998; Never passed by the senate.
16. August 5, 1999: Increased the validity of quota system from 20 to 40 years
17. December 29, 2003: On December 24, PML (Q) signed a seven-point
accord with MMA on constitutional amendment package;
18. April 8, 2010: Speaker of the NA constituted a Committee on Constitutional
Reforms (27 members from all the parties in the parliamentAlmost
consensus was reached (only 11 notes of reiteration from various parties
were submitted; 18th Amendment: a) Repealed 17th amendment; b)
Provincial Autonomy (abolished concurrent list; several federal ministries
were dissolved); c) Khyber Pakhtoon Khawa was given a new name
19. December 22, 2010: Taken powers from Chief Justice for the appoint new
judges and given the power to Judicial Council of Pakistan consisting of 4
senior judges; Tribal Areas adjacent to Laki Marwat and Tank were made
part of FATA; Islamabad High Court was established.
20. February 14, 2012: Set down the process of installing a caretaker set-up hold
free and fair elections January 7, 2015: Speedy trial military courts to deal
with terrorism for two years to be expired on January 6, 2017.
21. June 8, 2016: Besides retired Judges of the Supreme and High courts, retired
senior bureaucrats and technocrats could also become Chief Election
Commissioner and Members of the Election Commission; one each member
from every province; Maximum age of appointing as CEC 68 and member 65.
22. January 7, 2017: Extension of speedy trial military courts to deal with
terrorism for another two years.
23. December 22, 2017: Reallocation of the NA seats among federating units and
readjust constituencies according to the provisional results of the census of
2017.
24. May 25, 2018: Merger of FATA with KP.
25. May 13, 2019: Seats of Tribal districts in NA would remain 12 while their seats
in KP assembly will be increased from 16 to 24.