How Pakistan's Constitutions were made and how the amendments were added to the latest constitution

1. Constitutional
Development of
Pakistan
Presented by
Malik Ahsan Nadeem 01-171212-038
Eman Nuwair 01-171212-020
Iman Faisal 01-171212-030

2. What is a Constitution?
 The basic principles and laws of a nation, state, or social group
that determine the powers and duties of the government and
guarantee certain rights to the people in it. (Merriam Webster,
n.d.)
 Types of Constitution
 Codified, Uncodified
 Flexible and Inflexible
 Monarchical and Republican
 Presidential and Parliamentary
 Federal and Unitary

3. Jinnah views on Pakistan’s Constitution
February 26, 1948
 “The constitution of Pakistan has yet to be framed by the
Pakistan’s Constituent Assembly. I do not know what the
ultimate shape of this constitution is going to be, but I am sure
that it will be of a democratic type, embodying the essential
principles of Islam”. (Jinnah, 1948)
 “In any case Pakistan is not going to be a theocratic state to be
ruled by priests with a divine mission. We have many non-
Muslims, Hindus, Christians, and Parsees but they all are
Pakistanis. They will enjoy the same rights and privileges as any
other citizens and will play their rightful part in the affairs of
Pakistan”. (Jinnah, 1948)

4. Pakistan’s Constitution pre 1956
 Government of India Act 1919
 Intended to increase participation by Indians in government of
India.
 Government of India Act 1935
 Granted higher level of autonomy to British Indians in government
affairs.
 Introduced direct elections.
 Indian Independence Act 1947
 Added new legislation to 1935 act, for the new dominions.
 Appointed Governors-General of the newly created dominions.
 Objectives Resolution 1949

5. Objectives Resolution in detail
 Presented by Prime Minister Liaquat Ali Khan on March 7, 1949.
 Adopted by the Constituent Assembly of Pakistan on March 12, 1949.
 Key Principles
 Sovereignty of Allah.
 Resolve to frame a constitution for Pakistan.
 Move towards are more theocratic state.
 Pakistan to be a federation and its constituent units to be autonomous.
 Fundamental rights guaranteed for both Muslims and non Muslims.
 Independence of judiciary guaranteed.
 Criticism
 Non-Muslim members of the constituent assembly voted against it and vigorously
opposed it.
 They believed it went against Jinnah’s promise of a secular state.
 It also received criticism from Awami league.

6. Overview of 1956 Constitution
 Important names
 In 1950,Liaquat Ali Khan authored the first constitution.
 Muhammad Ali was the President at that time.
 Important dates
 The constitution of 1956 was framed on 9 January 1956.
 The Constitution was enforced and adopted on March 23 1956.
 Composition
 234 Articles (Divided into 13 parts)
 6 Schedules
 25 Amendments

7. Salient features of 1956
Constitution
 Pakistan was achieved in the name of Islam.
 Written Constitution.
 Federal Constitution.
 Parliamentary form of Government.
 National Language.
 Independence of Judiciary.
 Fundamental Rights.
 Islamic Provisions of the Constitution.
 Name of the Country as Islamic Republic of Pakistan was stated in
1956’s Constitution.

8. Demise of 1956 Constitution.
 In 1958 General Ayub Khan imposed a Martial law in the
Country and the Constitution was dissolved.
 It was never practically implemented as no elections were
held and eventually abrogated on October 7, 1958, when
martial law was enforced.

9. Overview of 1962 Constitution
 Important names
 Justice Manzoor Qadir designed and drafted the whole constitution.
 President Ayub khan, by passing a presidential ordinance, enacted the new
constitution.
 Important dates
 The constitution of 1962 was promulgated on 1st March 1962.
 It came into being on 8th June 1962.
 Composition
 250 articles (Divided into 12 parts)
 3 schedules

10. Salient features of 1962 Constitution
 Federal System
 A federal system consisting of a central government and two provincial government
comprising East and West Pakistan was introduced.
 Presidential forum of Government
 President was the head Executive of the nation. He was given the power to nominate the
ministers of his cabinet.
 Indirect Method of Election
 The President was elected by an Electoral College comprising 80,000 Basic Democrats,
equally distributed between the two provinces.
 Provincial Governments
 There were two provincial governments. Each headed by a governor who enjoyed powers in
the province which the President enjoyed in the center. The Governor was sanctioned by
President to appoint provincial ministers.
 Provincial Legislature
 Each province was provided with a legislature. It originally consisted of 150 members.
However, later on this number was increased to 218.

11.  Powers of President
 According to the 1962 Constitution the President should be a Muslim with the term of 5 years. He
was eligible to promulgate Ordinances and veto against legislated laws only override-able by
two/thirds of the National Assembly. However, the President was not empowered to dissolve the
Assembly except the cost of his office also.
 Restrictions to the President
 The President was not allowed to hold any office of profit in the service of Pakistan but was not
prevented from holding a managing private property.
 Islamic Law
 No Law would be passed against the teaching of Quran and Sunnah and the existing laws would be
made Islamic in character.
 Fundamental Rights
 The constitution of 1962 laid down fundamental rights of speech and expression, freedom to
choose profession and freedom to profess religion. With Regards to civil rights, familiar right such
as the rights of life, livery and property were granted.
 Role of Judiciary
 The Judiciary was responsible for the interpretation of laws and executive orders in the light of
the principles embodied in a written constitution.
 Language
 Urdu and Bengali were recognized as National Languages.

12. Abrogation of 1962 Constitution:
 Constitution was abrogated on March 26,1969 when
General Ayub Khan resigned and handed over the control
of the Government to Yahya Khan, who declared Martial
Law.
 Major Reason of it’s dissolution
 Main cause for failure of constitution of 1962 was that it was
unpopular among the masses. It did not reflect the true spirits of
people.
 Zulfiqar Bhutto called it, “Dictatorship under the label of
democracy.”

13. Overview of 1973 Constitution
 Important names
 Drafted by President Zulfiqar Ali Bhutto.
 Mian Mahmud Ali Kasuri (Law minister) .
 Abdul Hafeez Pirzada (Education Minister).
 Important dates
 May 22,1972 (Committee began work on the constitution).
 October 20,1972 (Consensus reached on the characteristics of constitution in All parties
conference).
 April 10,1973 (Unanimously approved by then Parliament of Pakistan).
 August 14, 1973 (Ratified as official constitution of Pakistan).
 Composition
 280 Articles
 7 Schedules
 25 Amendments

14. Salient features of 1973 Constitution
 Written Constitution
 All the laws are codified in the form of articles of constitution.
 Federal Constitution
 It establishes a central government and the governments of the
federating units, namely the province of Punjab, Sindh, Khyber
Pakhtunkhwa and Baluchistan.
 Parliamentary form of Government
 Return to Parliamentary form of government, where Prime Minister
holds the most power and President is a nominal head of state.
 Bicameral Legislature
 Parliament consists of two houses, National Assembly (the lower
house) and the senate (the upper house).

15.  Fundamental Rights
 Equality of all citizens before the law.
 Security of persons and of their properties and other belongings.
 Freedom of speech.
 Freedom of expression.
 Freedom of association.
 Religious Freedom.
 Right to adopt any lawful profession.
 Islamic Provisions
 The Constitution names the country as the Islamic Republic of Pakistan.
 Islam is the State Religion of Pakistan.
 Sovereignty belongs to Allah Almighty.
 Only Muslims could become President and Prime Minister of Pakistan.
 Islamic way of life.
 Islamization of laws.

16.  National language
 Urdu was made the national language of Pakistan
 Direct Election System
 Members of the National Assembly and Provincial Assembly are to be selected
through Direct Election.
 Independence of Judiciary
 The Constitution also provides independence of the judiciary from the Executive.
 President can appoint members of judiciary by will but he cannot dismiss them
without the advise of Supreme Judicial Council of Pakistan.

17. Amendments to 1973 Constitution
 Either of two houses (Senate or National Assembly) can originate a bill
to make an amendment to the constitution.
 Two thirds majority is needed in both houses to pass an amendment bill.
 To date 25 amendments have been made to the constitution of 1973.
 Three of these proposed amendments did not pass.
 9th Amendment (To impose Sharia Law) (Passed by Senate but could not make it to
National Assembly as it was dissolved)
 11th Amendment (Pertaining to reserved seats for women in National and Provincial
Assemblies) (withdrawn)
 15th Amendment (To Impose Sharia Law) (Passed by National Assembly, rejected by
Senate)

18. Major Amendment
 1st Amendment 4 May 1974
 Boundaries of Pakistan were redefined and any references to East Pakistan were
removed.
 2nd Amendment 17 September 1974
 Definition of Muslim was defined and Ahmadi’s were declared non Muslims and a
minority.
 8th Amendment 11 November 1985
 President was given additional powers, moving Pakistan’s government from a
Parliamentary system to a Semi-Presidential system.
 13th Amendment 1997
 Stripped President of his reserve power to dissolve the National Assembly of
Pakistan, and thereby triggering new elections and dismissing the Prime Minister.

19.  17th Amendment 2003
 Reversed 13th Amendment and gave more powers to the President.
 18th Amendment 8 April 2010
 Again removed the power of President to dissolve the Parliament unilaterally.
 Gave more authority to the provinces.
 Abrogation, subversion or suspension of constitution by use of force or by any other
unconstitutional means shall be considered high treason.
 21st Amendment 7 January 2015
 Established military courts for speedy trials of terrorist in aftermath of APS
Peshawar attack.
 25th Amendment 31 May 2018
 Merged Federally Administered Tribal Areas with Khyber Pakhtunkhwa.

20. References
Jinnah, M. A. (1948, February 26). Jinnah’s vision of a
democratic welfare state. Retrieved from The News:
https://www.thenews.com.pk/print/878192-jinnah-s-vision-of-
a-democratic-welfare-state
Merriam Webster. (n.d.). constitution. Retrieved from Merriam
Webster: https://www.merriam-
webster.com/dictionary/constitution