The document summarizes the history of constitution making in Pakistan from its independence in 1947. It discusses how the first Constituent Assembly, led by Muhammad Ali Jinnah, was tasked with drafting Pakistan's first constitution. Jinnah laid out important principles for the constitution, including protecting minorities and prohibiting corruption. However, Pakistan experienced frequent amendments and suspensions of its constitution over the decades as different regimes imposed martial law. The current constitution was drafted in 1973 but has also faced numerous amendments. The frequent changes to Pakistan's constitution have undermined its role as a stable, guiding document.

1. Constitution making in Pakistan:
An exercise replete with constant
amendments
By Aqeel-ul-Zafar Khan
One of the most delicate issues faced by the British
Government in India attributed to complex communal
problems; the different communities residing in the vast
continent of India, professing diverse
faiths, inherited district social and
political traditions, divided by the
regional and geographical areas,
always created a difficult task for the
policy makers in their efforts to unite the people on a
common platform. During the 20th century the British
Government initiated efforts to establish a legal
framework order to streamline the aims and objectives
of different communities.
The Acts of 1909 and 1919 were designed to meet the
ever-increasing needs of the educated Indians, who
demanded substantial share in the management of public
institutions. Imbibed with national spirit and driven by
the dream of freedom from the foreign yoke, the Indian
leaders, irrespective of their political affiliation,
pressurised the British Government to introduce reforms

2. in the public institutions of India. Realising the growing
discontent among the Indian people, the British
Government invited the prominent persons, representing
various interests and classes, to England to participate in
the Round Table Conferences held in 1930-32. The
delegates deliberated on the basic issues and tried to
evolve a viable constitution, catering to the needs of the
rulers as well as the ruled. It was a unique exercise in
the history of constitutional development. The British
parliament passed the Government of India Act on August
2, 1935, providing a framework for the future
development of a popular constitution. The Act was
amended by the British parliament on July 18, 1947, as
the Indian Independence Act, setting up in India, two
Independent Dominions.
On August 14, 1947 Pakistan came into being as an
independent country. The preparations for the
constitution of the new dominion were commenced with
the election of the Quaid-i-Azam Muhammad Ali Jinnah
as the first president of the Constituent Assembly of
Pakistan on August 11, 1947; it was a historic occasion.
Addressing the Constituent Assembly the Quaid said,
"The Constituent Assembly has got two main functions to
perform. The first is the very onerous and responsible
task of framing our future constitution of Pakistan and
the second of functioning as a full and complete
Sovereign body as the Federal Legislature of Pakistan."

3. Identifying the major problems to be confronted by the
Legislature he pointed out, "The first observation that I
would like to make is this: You will no doubt agree with
me that the first duty of the government is to maintain
law and order, so that the life, property and religious
beliefs of its subjects are fully protected by the State.
The second thing that occurs to me is this: One of the
biggest curses from which India is suffering - I do not say
that other countries are free from it, but, I think our
condition is much worse - is bribery and corruption.
(Hear, hear). That really is a poison. We must put that
down with an iron hand and I hope that you will take
adequate measures as soon as it is possible for this
Assembly to do so."
Condemning the evil of black-marketing, he categorically
stated, "A citizen who does black-marketing commits, I
think, a greater crime than the biggest and most grievous
of crimes. These black-marketers are really knowing,
intelligent and ordinary responsible people, and when
they are indulged in black-marketing, I think they ought
to be very severely punished."
Another evil he described and which
needed to be crushed in the new state
was nepotism and jobbery. He
declared, "I want to make it quite
clear that I shall never tolerate any
kind of jobbery, nepotism or any

4. influence, directly or indirectly, brought to bear upon
me. Wherever I find that such a practice is in vogue, or is
continuing anywhere, low or high, I shall certainly not
countenance it".
In this speech he laid down important guiding principles
to be followed by the lawmakers and administrators. He
briefly stated his ideas about the duties of the future
state. Rejecting the criticism against the creation of
Pakistan, he referred to the prevailing situation. He said,
"Any idea of a United India could never have worked and
in my judgment it would have led us to terrific disaster.
Maybe that view is correct; maybe it is not; that remains
to be seen."
The question of minorities remained a core issue in any
political adjustment. In spite of countless efforts, both
individual and collective and private and official, Hindu-
Muslim unity became a dream, never to be realised. The
partition of India conclusively decided the fate of the
minorities in each dominion. The minority issue acquired
a new dimension in parameters of Pakistan. In spite of
the prevailing hatred and discontent, the Quaid assured
the minorities that their rights and interests would be
safeguarded. He laid down the noble principle for the
posterity of Pakistan, "Now if we want to make this great
State of Pakistan happy and prosperous we should wholly
and solely concentrate on the well-being of the people,
and especially of the masses and the poor. If you will

5. work in co-operation, forgetting the past, burying the
hatchet, you are bound to succeed.
If you change your past and work together in a spirit that
every one of you, no mater to what community he
belongs, no matter what relations he had with you in the
past, no matter what is his color, caste or creed, is first,
second and last a citizen of this State with equal rights,
privileges and obligations, there will be no end to the
progress you will make."
Pakistan, being an ideological state, was demanded to
establish an Islamic State which created fears in the
mind of the minorities about the safety of their own
religion and culture. To remove this misconception the
Quaid declared: "You are free: you are free to go to your
temples; you are free to go to your mosques or to any
other places of worship in this State of Pakistan. You may
belong to any religion or caste or creed -- that has
nothing to do with the business of the State." He further
stated that "in course of time Hindus would cease to be
Hindus and Muslims would cease to be Muslims, not in the
religious sense, because that is the personal faith of each
individual, but in the political sense as citizens of the
State."
Concluding his historic address, he pronounced his policy,
reflecting his noble sentiments, "I shall always be guided
by the principles of justice and fairplay without any, as is
put in the political language, prejudice or ill-will, in

6. other words, partiality or favouritism. My guiding
principle will be justice and complete impartiality, and I
am sure that with your support and co-operation, I can
look forward to Pakistan becoming one of the greatest
Nations of the world." The Quaid's speech was
appreciated worldwide; even his opponents admired the
liberal and secular ideas expressed in the speech.
However, questions were repeatedly asked about the
pattern of the constitution, which he articulated in his
broadcast speech to the people of the USA in February,
1948.
"The constitution of Pakistan has yet to be framed by the
Pakistan 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. Today, they are as
applicable in actual life as they were 1,300 years ago.
Islam and its idealism have taught us democracy. It has
taught equality of man, justice and fair play to
everybody. We are the inheritors of these glorious
traditions and are fully alive to our responsibilities and
obligations as framers of the future constitution of
Pakistan. 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 Parsis- but they are all Pakistanis. They will enjoy

7. the same rights and privileges as any other citizens and
will play their rightful part in the affairs of Pakistan."
After his death Prime Minister Liaquat Ali Khan, inspite of
the critical situation faced by the country, devoted his
energies for the preparation of the constitution. On
March 7, 1949 he moved in the Constituent Assembly, the
Objective Resolution, embodying the main principles on
which the constitution of Pakistan was to be based. The
objective resolution became preamble of future
constitutions.
"In the name of Allah, the Beneficent, the Merciful;
Whereas sovereignty over the entire Universe belongs to
God Almighty alone and the authority which He has
delegated to the State of Pakistan through its people for
being exercised within the limits prescribed by Him is a
sacred trust;
This Constituent Assembly, representing the people of
Pakistan, resolves to frame a constitution for the
sovereign independent State of Pakistan. Wherein the
State shall exercise its powers and authority through the
chosen representatives of the people;
Wherein the principles of democracy, freedom, equality,
tolerance and social justice as enunciated by Islam, shall
be fully observed.
Wherein the Muslims shall be enabled to order their lives
in the individual and collective spheres in accord with
the teachings and requirements of Islam, as set out in

8. the Holy Quran and the Sunnah; Wherein adequate
provision shall be made for the minorities freely to
profess and practise their religions and develop their
cultures;
Whereby the territories now included in, or in accession
with, Pakistan and such other territories as may be
hereafter be included in or accede to Pakistan shall form
a Federation wherein the Units will be autonomous with
such boundaries and limitation on their powers and
authority as may be prescribed;
Wherein shall be guaranteed fundamental rights
including equality of status, of opportunity and before
law, social, economic and political justice, and freedom
of thought, expression, belief, faith, worship and
association, subject to law and public morality;
Wherein adequate provision shall be made to safeguard
the legitimate interests of minorities and backward and
depressed classes;
Wherein the independence of the judiciary shall be fully
secured;
Wherein the integrity of the territories of the
Federation, its independence and all its rights including
its sovereign on land, sea and air shall be safeguarded;
So that the people of Pakistan may prosper and attain
their rightful and honoured place amongst the nations of
the world and make their full contribution towards
international peace and progress and happiness of

9. humanity. The first constitution of Pakistan was prepared
in eight years. The Constant Assembly was dissolved by
Governor General Ghulam Muhmmad in October, 1954. A
new Assembly tackled the task vigorously and on
February 29, 1956, presented the first constitution which
was promulgated on 23rd of March, 1956 as the
constitution of the Islamic Republic of Pakistan.
However, its life was very brief and on October 7, 1958,
the first Martial Law was imposed in Pakistan and the
constitution was abrogated. The Martial Law regime
appointed a Constitution Commission which produced its
report in 1961 and a new constitution was promulgated
by President Ayub Khan based on the basic democracies
and presidential system. This constitution was also
abrogated by General Yahya Khan when he imposed
Martial Law in 1969. The nation remained without a
constitution till 1973 when a new Constituent Assembly
adopted the present constitution unanimously.
The Constitution is considered a sacred document to be
preserved and protected. It signifies the aspirations of a
nation. However, in the case of Pakistan, the
constitution was neither respected nor implemented in
letter and spirit. The present constitution was amended
on a number of occasions to serve the needs of the
rulers. God knows how long the country would face this
situation which is becoming alarming every day. God save
Pakistan. (Ameen)

10. --The author is a former
research fellow-Quaid-i-Azam Academ