CONSTITUTIONAL

DEVELOPMENT OF
PAKISTAN
THE PRAGMATICS:
1. Muhammad Hammad Sabir (Leader)
2. Kamran Rizwan (Presenter)
3. Hafi z Syed Muhammad Ammar(Presenter)
4. Muhammad Hasan Ismail (Presenter)
5. Asif Ali Gujjar (Researcher)
6. Syed Shahbaz Shakil (Researcher)
7. Muzammil Ahmed Siddiqui (Compiler)
CONSTITUTION:
Constitution means the set of basic laws, rules and
regulations which are necessary to run the administration of
the state with an objective that people may lead an
independent, disciplined, peaceful and happy life.

WHY IS CONSTITUTION NECESSARY FOR A COUNTRY?

It is important for a nation to have a constitution because without
one you will be very unorganized and people won't know whether or
not something is legal. It would also be harder to press justice because
you wouldn’t be able to legally enforce the law because technically
there is no law. A constitution sets the boundaries of a country's morals
so lets say in the united states if the constitution didn't say that soldiers
couldn't live in your home against your will that might just occur all the
time because whether there is war or not they can legally do that and
would be silly not to take advantage.
OBJECTIVES RESOLUTION (1949):
In the history of constitution making of Pakistan, the objectives
resolution is an important document and a basic step to frame the
constitution. It was a resolution adopted on 12 March 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.

SALIENT FEATURES OF OBJECTIVES RESOLUTION:

 Sovereignty of Allah.
 Democratic type of government.
 Development of Islamic ways of life.
 Rights of minorities.
 Federal government.
 Fundamental rights.
 Backward Classes.
 Independent judiciary.
 Safeguard of integrity of the country.
 Role in universal peace.
 IMPORTANCE OF OBJECTIVES RESOLUTION:
The Objectives Resolution, which combines features of both Western and
Islamic democracy, is one of the most important documents in the
constitutional history of Pakistan. At the time it was passed, Liaquat Ali
Khan called it "the most important occasion in the life of this country, next
in importance only to the achievement of independence".
This resolution is regarded as the ideological basis of all the
constitutions of Pakistan. After passing this resolution the work of framing
the constitution was taken up in the lights of the provisions of resolution
and full attention was paid towards its work. From the contents of this
resolution it had been revealed that the basis of Pakistan’s constitution
would be the Islamic principles.
CONSTITUTION OF 1956:
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.
The Constitution of 1956 was lengthy and detailed; it contained 234 articles
divided into thirteen parts and six schedules. The Constitution of 1956
provided for federal system with the principle of parity between East
Pakistan and West Pakistan. The Federal Legislature was to perform like the
British Parliament. The Centre was invested with such powers as to take
unilateral action in emergency and it could influence the provincial autonomy.
 SALIENT FEATURES OF CONSTITUTION OF 1956:
 Rigid constitution.
 Islamic Provisions e.g. Name of country, Religion of Prime minister and
President and No Un-islamic laws.
 Federal system.
 Parliamentary type of government.
 Provincial autonomy.
 Unicameral system.
 Electorates.
 Election of president.
 Power of president.
 Fundamental rights.
 Independent judiciary.
 National language.
DRAWBACKS OF CONSTITUTION OF 1956:
 No Increment in authorities of Provincial Government and reduction
in the authorities of the Central Government.
 Consolidation of regional loyalties by the introduction of parity of
representation in the national assembly.
 constitutional recognition to devolution of power.

ABROGATION OF THE CONSTITUTION OF 1956:

On 7 October 1958, President Iskander Mirza abrogated the

constitution, imposed martial law and appointed General
Muhammad Ayub Khan as the Chief Martial Law Administrator and
Aziz Ahmad as Secretary General and Deputy Chief Martial Law
Administrator. However, only three weeks later General Ayub, who
was 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 that practically formalized the
militarization of the political system in Pakistan.
CONSTITUTION OF 1962:
On 17th February 1960 Ayub Khan appointed a commission to report on
the future political framework for the country. The Commission was headed
by the former Chief Justice of Pakistan, Muhammad Shahabuddin, and had
ten other members, five each from East Pakistan and West Pakistan,
composed of retired judges, lawyers, industrialists and landlords. The report
of the Constitution Commission was presented to President Ayub on 6 May
1961 and thoroughly examined by the President and his Cabinet. In January
1962, the Cabinet finally approved the text of the new constitution. It was
promulgated by President Ayub on 1st March 1962 and finally came into effect
on 8th June 1962. The Constitution contained 250 articles divided into twelve
parts and three schedules.

SALIENT FEATURES OF THE CONSTITUTION OF 1962:

 Rigid constitution.
 Islamic provisions such as The Sovereignty of Allah, Head of state, existing
laws in accordance with the teachings of Islam.
 Federal system.
 Uni-cameral legislature.
 Presidential form of government.
 Elections of president.
 Powers of president.
 Impeachment and removal of the president.
 The speaker.
 Restriction of the president.
 Elections and power of the legislature.
 Proclamation of emergency.
 Role of judiciary.
 Language of the country.

ABROGATION OF CONSTITUTION OF 1962:

The second martial law was imposed on 25 March 1969, when
President Ayub Khan abrogated the Constitution of 1962 and handed
over power to the Army Commander-in-Chief, General Agha
Mohammad Yahya Khan. On assuming the presidency, General Yahya
Khan acceded to popular demands by abolishing the one-unit system in
West Pakistan and ordered general elections on the principle of one
man one vote.
CONSTITUTION OF 1973:
After gaining power, Zulfiqar Ali Bhutto invited the leaders of the
parliamentary parties to meet him on 17th October 1972, which resulted in an
agreement known as the 'Constitutional Accord', after an intensive discussion.
As per consultations floated by PPP, the National Assembly of Pakistan
appointed a committee, of 25 members, on 17th April 1972, to prepare a draft of
the permanent Constitution of Pakistan. Mahmud Ali Kasuri was the elected
chairman of the Committee. On 20th October 1972, the draft bill for the
Constitution of Pakistan was signed by leaders of all parliamentary groups in
the National Assembly. A bill to provide a constitution for the Islamic Republic
of Pakistan was introduced in the Assembly on 2nd February 1973. The
Assembly passed the bill nearly unanimously on 19th April 1973 and endorsed
by the acting President Zulfiqar Ali Bhutto on 12th April 1973. The Constitution
came into effect from 14th August 1973. On the same day, Bhutto took over as
the Prime Minister and Choudhary Fazal-e-Elahi as the President of Pakistan.

SALIENT FEATURES OF COSTITUTION OF 1973:

 Rigid constitution.
 Name of state.
 State religion.
 Islamic way of life.
 Teaching of Holy Quran and Islamiat.
 Organization of Zakat and Waqf.
 Promotion of social justice and eradication of social evils.
 Religion of the president and prime minister.
 Provisions relating to Holy Quran and Sunnah.
 Council of Islamic ideology.
 Reference to Islamic council of parliament.
 Proper definition of a Muslim.
 Strengthening bonds with Muslim world.

COMPARISON OF 1973 CONSTITUTION WITH THE

PREVIOUS CONSTITUTIONS:
With regard to provincial rights the 1973 constitution was in fact the most
centralized of Pakistan's various constitutions. The Government of India Act of
1935, which Pakistan adopted as its first working constitution, granted the
federal government 96 items of power. The 1956 constitution reduced that
number to 49, and this was retained in the 1962 constitution. In 1973, however,
it was then enlarged to 114.
The constitution of 1973 is still in force although certain amendments in
the Constitution have been incorporated in it.
CONSTITUTIONAL CAUSES OF THE SEPERATION OF EAST
PAKISTAN:
 Martial laws.
 Language issue.
 Provincial autonomy.
 Military actions in East Pakistan.
 AMENDMENTS IN THE CONSTITUTION OF PAKISTAN:
1. Recognition of Bangladesh.
2. Ahmedi sect declared as a non-Muslim minority.
3. Extension of period of preventive detention.
4. Reduction of powers of High court in case of writ jurisdictions.
5. The interprovincial transfer of judges of HC and SC was fixed at 5 years and
four years respectively.
6. The chief justice of SC and HC can complete their term even after the age of
retirement.
7. Prime Minister can submit any matter for referendum.
8. (a) Change in electoral college.
(b) Inclusion of four provincial assemblies with national assembly.
(c) Power head of the state to Veto any bill except a financial bill.
(d) Power of president to dissolve the national assembly.
9. Presentation of Shariat bill.
10. Intervals between two parliamentary sessions should not exceed 130 days.
11. Revival of the reserved seats for women in national and provincial
assemblies.
12. Establishment of speedy trial courts to eradicate acute law and order situation.
13. Amendments in some clauses by which powers of the president and governors
curtailed.
14. Horse trading and political black mailing has been banned.
15. The law to make Quran and Sunnah the supreme law.
16. The period of Quota system has been extended and the word province has been
declared as Federal unit.
17. Reversal of 13th amendment, largely incorporation of LFO in the constitution
with few changes and the president regained the authority to dissolve national
assembly.
18. Removal of the power of the President of Pakistan to dissolve
the Parliament unilaterally, turning Pakistan from a semi-presidential to
a parliamentary republic, and renaming North-West Frontier Province to
Khyber Pakhtunkhwa.