HISTORY OF

CONSTITUTIONAL
DEVELOPMENT OF PAKISTAN
 PRE-PARTITION
CONSTITUTIONAL HISTORY
 The Government of India Act 1858
 The Indian Councils Act 1861
 The Indian Councils Act 1892
 The Indian Councils Act 1909
 The Government of India Act 1915
 The Government of India Act 1919
 The Government of India Act 1935
 The Independence Act 1947
CONSTITUTIONAL DEVELOPMENT
FROM 1947-1956
 The modified Government of India Act (1935) became the Interim
Constitution of Pakistan in 1947. The Constituent Assembly was given
the task of framing the Constitution of Pakistan
 The Constituent Assembly
~Pakistan's first Constituent Assembly came into being on 26th July
1947 and its inaugural session was held on 10th August 1947. On 12th
March 1949, the Constituent Assembly assumed the future Constitution
had to be formulated. The Assembly also appointed Objectives Resolution,
enumerating the ideals on which a Basic Principle Committee had to
work out the principles on which the Constitution was to be drafted.
The Objectives Resolution
 The Objectives Resolution was a resolution adopted on 12th 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.
 It declared
~The constitution should observe the principle of democracy, freedom,
equality, tolerance, and social justice as laid down by Islam.
~Muslims would be able to lead their lives according to Islamic principles.
~Other religious groups should be able to practice their religion freely.
~Minorities and the poor would be legally protected from social injustice.
~All fundamental human rights should be guaranteed.
~The legal system should be independent of government.
CONSTITUTIONAL MATTERS
 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-e-Islamia was also set to look for advice on the
religious matters.
 Basic Principles Committee (First Draft), 28th September 1950.
 Basic Principles Committee (Second Draft), 22nd December 1952.
 Bogra Formula
 Constituent Assembly Dissolution
 Second Constituent Assembly, June-July 1955
 One Unit Scheme, October 1955
 The Constitution Making
CONSTITUTION OF 1956
 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 center 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.
 Instead of double citizenship, one citizenship system was provided for the
Federation of Pakistan.
 The constitution was silent as to be method of conducting elections both for the
Central and the Provincial legislatures.
 And finally, there were the Islamic characters of the constitution. The Islamic
Provisions are as following:
~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.
Rights Guaranteed by the Constitution
 Free speech and assembly
 Right to vote
 Right to form political parties
 Right to criticize
 Freedom from unlawful arrest
 Freedom of religion
 Equality as a citizen
 Freedom of culture
 Right to security
 Right to marry
 Right to education
 Right to own property
 Right to choose trade and profession
 Right t practice that profession
HURDLES FACED DURING THE
FORMATION OF
FIRST CONSTITUTION
 Lack of skilled leadership
 Lack of political will
 First fight against India over Kashmir issue
 Security state narrative
 Absence of well-organized political parties
 Feudalism mantra
 High illiteracy
 Diffused situation of national institutions
 Economic instability
 Polarized legislation
 Orthodoxy and mullahism
 Looming water crisis
 Judicial issues
 Colonial mentality
 Corruption
CONSTITUTION OF 1962
 First Martial Law
~On October 07, 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 14 th
February 1960.
 Constitutional Commission
~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 thorough and lengthy discussion submitted its report on
6th March 1961. The report was examined by president. In its report the 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.
~Absence of well-organized political parties
~And the self-aggrandizement of the greedy politicians
 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.
Major Features of 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 not be elected through direct
elections for a time of five years. If he has held office for more than 8 years,
he could look for re-election with the support of the NA and the PAS.
 National Assembly was given the power to change the president, however it
was difficult to achieve.
 President could dissolve the NA but in that case he must seek re-election.
 President was the central point of all the Executive, Legislative and Judicial
powers. Cabinet was responsible to him. All key appointments were to be
made by President. He could issue Ordinances. He could also announce
 NA was consisted of one house on the basis of principle of parity between two
wings of the country. There were 150 seats plus 6 seats were reserved for women.
All were elected indirectly. For the membership minimum age limit was 25 years.
 NA had all the powers of law making but law was to be finally ratified by the
president. President could sign, reject or return the bill.
 Financial Powers of NA were limited. Only new expenses could be voted. NA
could not reject joint Fund List and Recurring Expenditure.
 There were two provinces of the federation: East Pakistan and West Pakistan. Only
one list of subjects, i.e. the Central list was given in the constitution.
 Governors were head of the provinces and govern the province with his cabinet.
Provincial governments were directly under the control of President. There was a
strong center with a Powerful President. He had enough powers to manage
provincial affairs. In case of emergency powers Central government could take
direct control of the province.
Principle Policies
 National solidarity would be observed.
 Interests of backward people would be looked after.
 Opportunities for participation in national life
 Education and well-being of people
 Islam would be implemented in day to day life.
 Fundamental Rights were provided in the constitution.
 Originally Political Parties were not allowed. Political Parties Act was introduced in
1962.
 Objectives Resolution was the Preamble of the Constitution. Other Islamic
provisions were a part of Principles of Policy and not the constitution.
 An Advisory Council for Islamic Ideology was made in the constitution having 5-
12 members. It was a recommendatory body. It was designed for the Research and
instructions in Islam for assisting the reconstruction of Muslim society on truly
Islamic lines.
HURDLES FACED DURING THE
FORMATION OF
1962 CONSTITUTION
 Lack of skilled leadership
 Military regimes
 Security state narrative
 Lack of democratic culture
 Absence of well-organized political parties
 Feudalism mantra
 High illiteracy
 Diffused situation of national institutions
 Polarized legislation
 Orthodoxy and mullahism
 Judicial issues
 Colonial mentality
 Corruption
CONSTITUTION OF 1973
 A new capital
 Ayub Khan step-down
 Yahya Khan step-up
 Outbreak of 1971 war
 Separation of East-Pakistan
 Constitution Making
~Constitutional Committee comprising National Assembly 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
Major Features of Constitution
 Parliamentary System
 President
 Two houses of the parliament
 Federal system
 Principles of policies
 Fundamental rights
 Islamic provisions
 National language
 National security council
 Judiciary
HURDLES FACED DURING THE
FORMATION OF
1973 CONSTITUTION
 Military regimes
 Security state narrative
 Wars of 1965 and 1971
 Lack of democratic culture
 PPP as only national party
 Partition of eastern Pakistan
 Feudalism mantra
 Diffused situation of national institutions
 Polarized legislation
 Orthodoxy and mullahism
 Judicial issues
 Colonial mentality
 Corruption
 Money laundering
ISLAMIC PROVISIONS OF
1973 CONSTITUTION
 Islamic Republic of Pakistan
 State Religion
 Sovereignty Belongs to Allah
 Definition of a Muslim
 A Muslim to be a President and Prime Minister
 Islamic way of life
 Promotion of Social Justice and Eradication of Social Evils
 Teachings of Holy Quran
 Strengthen Bond, with Muslim World
 Council of Islamic Ideology
 Error Free Publication of Quran
 Oath to Project and Promote Islamic Ideology
 Ahmadi's A Non Muslim Minority
 Proper organization of Zakat, Auqaf and Mosques is ensured.
AMENDMENTS IN THE
CONSTITUTION OF 1973
COMPARISON OF CONSTITUTIONS