Constitutions of pakistan

Pakistan studies
Constitutionsof Pakistan
1
ASSIGNMENT # 2
SUBMITTEDTO:
MAM MISBAH RANI
SUBMITTEDBY:
RABIA ZAFAR
17581556-045
AQSA REHMAN
17581556-023
MUBARAKA NAZIR
1758156-037
BS (IT)

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Constitution is the supreme law of Pakistan.
Who made Constitution of Pakistan?
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 and Aziz Ahmad as Secretary General and Deputy Chief
Martial Law Administrator.
There are three constitutions and they are following.
1. 1956
2. 1962
3. 1973
After assuming charge as Prime
Minister, Chaudhary Muhammad
Ali and his team worked hard to formulate a constitution. The
committee, which was assigned the task to frame the Constitution,
presented the draft Bill in the Constituent Assembly of Pakistan on

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January 9, 1956. The bill was opposed by the Bengali autonomists.
Bhashai, the leader of Awami League in East Pakistan, even used the
threat of secession to press for autonomy and his party staged a
walkout from the Assembly on February 29, when the Assembly
adopted the Constitution. Later on, Awami League boycotted the
official ceremonies celebrating the inauguration of the Constitution.
However, in spite of their opposition, the Constitution was adopted
and was enforced on March 23, 1956. With this Pakistan’s status as a
dominion ended and the country was declared an Islamic Republic of
Pakistan. Constituent Assembly became interim National Assembly
and Governor-General Iskander Mirza sworn in as the first President
of Pakistan.
The Constitution of 1956 consisted of 234 articles, divided into 13
parts and 6 schedules. Following were the chief characteristics of this
Constitution:
1.SOVEREIGNITY OF ALLAH
IT was clearly declared in constitution that all the powers and
sovereignties belong to Allah.
Pakistan was declared as an Islamic Republic and it was made
mandatory that only a Muslim could become the President of the
country. President would set up an Organization for Islamic Research.
Good relations with the Muslim countries became the main objective

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of the Foreign Policy. Objectives Resolution and Quaid’s declaration
that Pakistan would be a democratic state based on Islamic principles
of social justice were made the preamble of the Constitution. Steps
were to be taken to enable the Muslims individually and collectively
to order their lives in accordance with the teaching of Quran and
Sunnah and to implement Islamic moral standards. The sectarian
interpretations among the Muslims were to get due regard. Measures
were to be taken to properly organize zakat, waqfs, and mosques.
However, one clause relating to the elimination of riba, which was the
part of the draft was eventually dropped.
2.GOVERNMENT:
The constitution provided for the federal form of government with
three lists of subjects: federal, provincial and concurrent. The federal
list consisted of 33 items, provincial of 94 items and concurrent list of
19 items. The federal legislation was to get precedence over
provincial legislation regarding concurrent list. In case of a conflict
between federal and provincial governments, or between the
provincial governments, Chief Justice of the Supreme Court was to act
as a mediator. Federal government exercised wider control in
provincial matters in case of emergency.
3.AUTHORITY OF FEDERATION

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Though the constitution provided for the Parliamentary form of
Government, yet it declared that the executive authority of the
Federation would be in the president.
4. CRITERIA OF PRESIDENT
Any Muslim citizen of Pakistan, who was at least forty years old, could
be elected as the President of Pakistan for the term of five years. No
one was entitled to hold this office for more than two tenures.
3/4th
members of the Assembly could impeach the president.
5. CRITERIA FOR PM
President could appoint from amongst the MNAs a Prime Minister
who had to take the vote of confidence from the house in two
months. The Prime Minister had to inform the president about all the
decisions of the cabinet.
6. CRITERIA FOR MINISTERS
Ministers could be taken from outside the National Assembly but
they were to get themselves elected within six months.
7. AUTHORITIES OF PRESIDENT
President had the power to summon, prorogue, and dissolve the Assembly on the
advice of the cabinet. No bill imposing taxes or involving expenditure could be
moved without his consent. He had partial veto power. He could give or withhold
his assent to a bill passed by the Assembly.

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8. AUTHORITIES OF PM AND HIS CABINET
Prime Minister and his cabinet were to aid and advise the president.
The president was required to follow the advice of the cabinet except
where he was empowered to act in his own discretion.
9. CRITERIA FOR NATIONAL ASSEMBLY
The Constitution entitled for a Unicameral Legislature. The National
Assembly was to consist of 300 members. Age limit of a candidate for
a seat in National Assembly was 25 years.
10. RIGHT OF WEST PAKISTAN
Principle of parity was accommodated in the Constitution. West
Pakistan was treated as one unit and seats were divided equally between
the two wings of the country. National Assembly was to meet at least
twice a year. Minimum of one session should be held at Dhaka.
11. NATIONAL ASSEMBLY
Members of the Assembly were to be elected on the basis of Direct
Elections conducted on the basis of Adult Franchise. However, for the
first ten years five additional seats were reserved for women from
each wing. Every citizen, who was more than 21 years in age was
considered as an adult.
12. PROVISIONAL ASSEMBLIES

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The provincial structure was similar to that of the center. There were
300 members in both provincial assemblies. Ten additional seats were
reserved for women. Punjab was given 40% seats in the West Pakistan
Assembly.
13. FLEXIBLE CONSTITUTION
It was a Flexible Constitution and two third members of the Assembly
could bring amendment in the constitution.
14. FUNDAMENTAL RIGHTS
Fundamental Rights were made justiciable. However, the President
had power to suspend the fundamental rights in case of emergency.
15. INDEPENDENCE OF JUDICIARY
Elaborate provisions were made for the higher judiciary to ensure its
independence.
16. NATIONAL LANGUAGE
Urdu and Bengali were declared as the state languages. However, for
the first twenty years English was to continue as an official language.
After ten years, the president was to appoint a commission to make
recommendations for the replacement of English.
The constitution was never practically implemented as no elections
were held. It was eventually abrogated on October 7, 1958 when

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Martial Law was enforced. Constitution of
1962
After the military coup of 1958, Ayub Khan waited for some time
with the intention of paving public opinion in his favour. A legislative
commission was established under the leadership of Justice Shahaab-
ud-din. The commission forwarded a report on 6th
May 1961. Justice
Manzoor Qadir designed and drafted the entire constitution. Ayub
Khan with the help of a presidential ordinance enacted the new
constitution on 8th
June 1962. It had the following salient features:-
Features of 1962 Constitution
The Salient Features of 1962 Constitution of Pakistan are as follows:
ORIGINS
Pakistan became an independent state in 1947. The first document
that served as a constitution for Pakistan was the Government of
India Act, 1935. The first Pakistani Constituent Assembly was elected
in 1947 and after nine years adopted the first indigenous constitution,
the short-lived Constitution of 1956. In October 1958, President
Iskander Mirza abrogated the constitution. Shortly afterwards General
Ayub Khan deposed Iskandar and declared himself president.

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On 17 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
(according to some writers report was presented on 29 April
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 1 March 1962
and finally came into effect on 8 June 1962. The Constitution
contained 250 articles divided into twelve parts and three schedules.
With the enforcement of this Constitution after 44 Months, Marshal
Law came to end.
1.Federal System
Under the constitution of 1962 federal system was adopted. The
powers of the central government were enumerated in the Federal
List while all the residuary powers were given to the provinces so as
to meet the demand of provincial autonomy. However, with in this
federal structure, the central government was made domineering
even at the cost of provincial autonomy. Besides in the administrative
matters, centralism was clearly reflected. The provincial governors

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were the appointees of President and accountable to him: Hence the
provincial executive was under the control of the center. This
centralism bore more disastrous results in respect of provincial
autonomy. Consequently, the federal structure practically seemed
unitary due to which the demand of provincial autonomy became
more popular and widespread which threatened our solidarity in the
later stage.
2.A Written and DetailedDocument
The 1962 constitution was written in nature and character. It consisted
of 250 Articles and 3 Schedules. Thus it was comparatively detailed
document. Keeping in view the lack of democratic values and
established norms it was thought expedient to give a detailed code of
constitutional law as could regulate the conduct of different political
institutions.
3.Islamic Provisions
Like previous constitution of 1956 the Objective Resolution was
included in the Preamble of the constitution. The teachings of Quran
and Islamiyat were to be made compulsory. The President was to be
Muslim. Pakistan was declared an Islamic republic through first
amendment. No un-Islamic law would be enacted and all the existing
laws would be Islamized etc.
The preamble of the Constitution of 1962 was based on the
Objectives Resolution.

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The Constitution laid down simply that the state of Pakistan shall be
an Islamic republic under the name of Islamic Republic of Pakistan'.
According to the principles of policy, steps were to be taken to
enable the Muslims of Pakistan individually and collectively, to order
their lives in accordance with the fundamental principles and basic
concepts of Islam, and should be provided with facilities whereby they
may be enabled to understand the meaning of life according to those
principles and concepts.
No law shall be enacted which is repugnant to the teachings and
requirements of Islam as set out in the Qur'an and Sunnah and all
existing laws shall be brought in conformity with the Qur'an and
Sunnah.
Only a Muslim could be qualified for the election as President.
Teaching of the Quran and Islamiyat to the Muslims of Pakistan was
made compulsory.
Proper organisation of Zakat, waqf, and mosques was ensured.
Practical steps were to be taken to eradicate what were seen as social
evils by Islam, such as the use of alcohol, gambling, etc.
A novel Islamic provision in the 1962 Constitution had introduced an
'Advisory Council of Islamic Ideology' to be appointed by the
President. The functions of the Council was to make

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recommendations to the Government as to means which would
enable and encourage the Muslims of Pakistan to order their lives in
accordance with the principles and concepts of Islam and to examine
all laws in force with a view to bring them into conformity with the
teachings and requirements of Islam as set out in the Qur'an and
Sunnah.
There shall be an organisation to be known as Islamic Research
Institute, which shall be established by the President. The function of
the Institute was to undertake Islamic Research and Instruction in
Islam for the purpose of assisting in the reconstruction of Muslim
society on a truly Islamic basis.
The state should endeavour to strengthen the bonds of unity among
Muslim counter.
4.Positionof the President
Under the Constitution of 1962 US-type presidential system was
enforced to overcome political instability and establish a firm socio-
economic and political order. All the executive authority was vested in
the President who was unanimously responsible for the business of
the central government. All the ministers were appointed by him and
they were accountable to him alone. They could participate in the
deliberations of the legislature but they were not responsible to it.
Along with the provincial governors all the top ranking officials were
appointed by him. The president also enjoyed certain legislative,

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military and judicial powers. The provincial set up also followed the
central structure. In short, it was the President who was all in all.
5.Unicameral Legislature
The 1962 Constitution like the previous constitution provided for
unicameral legislature called National Assembly. Its total strength was
156 (later 218 and then 313, who were elected by the electoral
college of Basic Democrats. Besides, certain seats were also reserved
for women. Its term was 5 years, which was fixed. The
members were elected on the basis of parity of representation
between East and West wing. The proceedings of the Assembly might
not be challenged in any court of law. Unlike the previous practices
the members of the cabinet were not the members of the legislature.
The ministers could attend its meetings but like US system neither the
president nor his cabinet colleagues were responsible to it.
6.Indirect Section
It was a new innovation in the 1962 Constitution. It was a general
impression that one of the causes of the failure of the constitutional
machinery was the direct and adult suffrage and without proper and
necessary political education and training. Hence this constitution
provided indirect method of election for President and for the
legislative assemblies was envisaged. Accordingly, the primary voters
would elect the Basic Democrats who had then to elect the
representatives to higher positions.

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7. Independence of Judiciary
Proper safeguards were introduced in the 1962 Constitution to ensure
the independence of judiciary. Judges of the superior courts were
appointed by the President and were appointed by the President and
were ensured security of service. They could be removed on the
inquiry report submitted by the Supreme Judicial Council on the
ground of misbehavior or physical or mental inability to perform their
duties. By induction of first amendment the judiciary had full, power
to pass judgment over the views of the legislature. Moreover, the
court also enjoyed the power of judicial review of executive actions.
8. Fundamental Rights add Principles of Policy
In the original constitution there was no list of fundamental rights. It
was due to the first amendment in the constitution in 1963 that these
were included and made its part, prior to that these were laid down
in the directive principles of policy. The list of fundamental rights
contained almost all the rights secured to its citizens by a modern
state. The Principles of Policy were also incorporated in the
constitution. Most of the Islamic provisions were made the part
thereof. These principles of policy dealt with such matters as Islamic
way of life, national integration and solidarity, social welfare,
protection of the rights of minorities, development of backward areas
etc.
9. Provincial Governments

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Each province had a provincial assembly, which was organized on the
lines of National Assembly. The relationship of the provincial
governors with their assemblies was the same like that of President
with National Assembly. The assemblies of the East and West Pakistan
used to meet at Dacca and Lahore respectively. Each had 155
members, at least of who were women. The governors appointed by
the President, had a Council of Ministers in the same manner, as the
President, who belonged to their respective province.
Although the 1962 constitution of Pakistan had transferred several
responsibilities to the provincial governments but in actual practice
the central government or its representatives used to exercise these
powers.
10. Human rights
The constitution guaranteed the basic human rights for all the citizens
of Pakistan without any discrimination of cast, creed and color.
11. Indirect Method of Election
The President was elected by an Electoral College comprising 80,000
Basic Democrats, equally distributed between the two provinces.
There was no restriction of religion for a person holding the office of
the Speaker of the National Assembly. Also, if the President resigned
from his office or vote of no-confidence passes against him,
according to the Constitution, the Speaker would act as the President
of the State till the election of new President. Under these special

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circumstances, a non-Muslim might get the chance to be an acting
President of Pakistan.
The Constitution of 1962 provided for elections of the central and
Provincial legislatures for a term of five years. The members of the
assemblies were elected by the Basic Democrats. The National
Assembly was exclusively empowered to legislate for the central
subjects. However, it could legislate on matters falling under
provincial jurisdiction. The power to impose taxes was laid with the
central legislature. The Assembly had to serve as a court in the cases
of impeachment or conviction or to declare the President as
incapacitated. It could amend the Constitution with a two-thirds
majority. However, if the president's veto was overridden, he had the
right to ask for the assent of the Electoral College. The procedure of
the provincial assemblies was identical with that of the National
Assembly.
12. national languages
Urdu and Bengali were recognized as national languages.
Comparison of 1956 and 1962 Constitution
1. Constitution of 1956 introduced parliamentary form of Govt.
2. Constitution of 1962 introduced presidential form of Govt.
3. Constitution of 1962 introduced two Islamic institution i. e advisory
council of Islamic ideology and Islamic research institutions.

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4. There was no such institute in the constitution of 1956.
5. Most of the executive powers vested in the president under the
1962 constitution.
6. Most of the executive powers were exercised by the prime minister
under the constitution of 1956.
7. Executive Powers Constitutions of 1962 introduced a new
institution supreme judicial council.
8. There was no such institution in the constitution of 1956.
Supreme judicial council.
9. Constitution of 1962 introduced indirect election.
10. Constitution of 1956 introduced direct election.
11. Constitution of 1962 provided only two list of subjects i. e
central and provincial.
12. Constitution of 1956 contains three lists of subject i. e Federal,
provincial and concurrent matter.
CONSTITUTION OF 1973

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One of the most pressing tasks for the new government was to draft
a new constitution. When martial law was finally lifted, the Assembly
was summoned in April 1972 on the basis of the 1970 election
results in the former West Pakistan region. A committee was set up
from a cross-section of politicians from different parties. There were
disagreements within the committee as to whether the new
constitution should bring in parliamentary rule or a presidential
system of government. There were also differing views over the
question of provincial autonomy. It took the constitutional committee

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eight months before it submitted it's report on 10th April 1973. The
draft constitution was passed by the federal Assembly by 135 votes in
favor, with three abstentions. It was brought into force on 14th
August 1973, and Bhutto was elected prime minister by the National
Assembly on 12th August.
The Constitution's main features were:
1.Name of country
The name of the country is the Islamic Republication of Pakistan
2. Islamic Republic
Pakistan shall be declared an Islamic Republic by default.
3.Government
Pakistan shall be a Federal Republic with a Parliamentary system of
government. The prime minister shall be the head of government,
elected from the majority party.
4. Prime Minister and President
The special position of Islam as the state religion shall be emphasized
and both the prime minister and president are required to be
Muslims.
5. Fundamental Rights

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All fundamental human rights shall be guaranteed but the stipulation
was added that it was subject to resonable restrictions imposed by
law'.
The Supreme Court and High Courts shall be given the power to
enforce fundamental rights.
6. Role of president & prime minister
The president shall act in accordance with the binding advice of the
prime minister, and all orders of president shall be counter signed by
the prime minister.
7. Bicameral Legislature
The senate, or upper house, shall be elected mostly from the
provincial governments and so, for the first time, the interests of the
provinces shall be safeguarded at the center. The Senate shall not be
dissolved even in emergencies.
The Senate or the Upper House consists of 63 members (the 8th
Amendment has raised this number to 87). The National Assembly
consists of 200 members (Now this number has been raised to 207).
The Majlis-e-Shoora enjoys wide powers of legislature.
In case of emergencies, the federal government can pass legislation
on anything and can even suspend fundamental freedoms.
8. National Language

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Urdu shall be the official language of the country, with Pakistani
English to be retained for the next 15 years.
9. Compulsoryof Islamic Education
The teaching of holy Quran and Islamiat should be compulsory.
10. Islamic state
Pakistan shall be a federal Islamic state, so residuary powers shall rest
with provinces not the central government.
11. Arabic Education
From class six to eight, the education of Arabic is compulsory in
schools.
12. Federal System
The Constitution of 1973 has introduced a Federal system in the
country. The federation of Pakistan consists of a Central Government
and four Provincial Governments. The Federal Government is headed
by a President elected by members of Majlis-e-Shoora (Parliament).
13. Direct Method of Election
The Constitution of 1973 gives a direct method of election. The
members of the National Assembly, the Provincial Assemblies are
directly elected by the people.
14. Single Citizenship
The Constitution of 1973 has established the principles of single
citizenship. According to this principle the rights and duties of the

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citizens are determined by the Federal Constitution only. Thus the
people throughout Pakistan are citizens of Pakistan.
15. Independence of Judiciary
The Constitution of 1973 stresses upon the establishment of an
independent judiciary. Full job security has been provided. The judges
are appointed by the President. They cannot be removed from service
before the end of their term except on the recommendation of the
Supreme Judicial Council. In addition the Judges are paid respectable
salaries.
16. Rule of Law
The 1973 Constitution establishes rule of law in Pakistan. According to
rule of law no person can be deprived of his fundamental rights. All
the citizens of Pakistan are equal before law.

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The 1973 Constitution, therefore, marked a return to a parliamentary
form of democracy after the presidential experiment introduced under
the 1962 constitution. There were also concessions made to the
provinces to alleviate fears that the central government would over
rule them on every issue. This was important as the one unit scheme
had only recently been abolished and because 2 of the 4 provincial
governments in the new State of Pakistan were non-PPP. The 1973
Constitution, however, had another advantage over its two
predecessors: it had been agreed and voted on by a democratically

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elected Assembly. This gave it greater authority and, even though it
was suspended under the next martial law regime, Since
independence, Pakistan has devised and changed three written
constitutions and the fourth one was drawn up and it was restored in
1985 and remains in place to date.

Constitutions of pakistan

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