Early constitutional history of Pakistan, !956,1962 and 1973 constitutions are explained in these slides. #Constitutions_of_Pakistan_On_slideshare

1. Constitutional History of Pakistan
Introduction
• Pakistan got its independence on 14 August 1947. Pakistan became a republic in
1956 as it remained without constitution almost 9 years. Soon, it was abrogated by
military coup d’etat in 1958. The military government gave a new constitution to
Pakistan which was presidential in nature.
• Again the 1962 constitution was suspended in 1969 and later on abrogated in1972.
• The 1973 constitution was first one which was framed by elected body. This
constitution still incumbent in the country. The constitution grants parliamentary
form of government in the country. Again, this constitution has faced a number of
ups and downs which would be discussed later on. Now our focus would be on
early constitution making history of Pakistan.

2. Do you know
• What is republic? A republic is one which has an elected head of state either elected
directly or indirectly.
• What is parliamentary form of government? It is a government in which head of
state is president while head government is prime minister. All the powers rest with
prime minister while president is titular head of state. Pakistan, India, United
Kingdom and Bangladesh are best examples of parliamentary form of government.
Parliament is powerful. Executive belongs to parliament. While presidential form of
government is one in which all power lies in the office of president. Parliament has
no influence in executive affairs. The best example of it is United States of
America.

3. Early Constitutional Making History in
Pakistan
• The early constitutional history of the country can be divided into three
phases
I. 1947 to 1954 phase
II. 1954 to 1956 phase
III. 1956 to 1958 Republic period
• The constitutional phase of 1947 to 1954 can be studied as period of First
Constituent Assembly of Pakistan. In this period, we shall discuss all those
steps taken by first constituent assembly of Pakistan for constitution making
process.

4. Formation of First Constituent Assembly
• The first constituent assembly came into being under Indian Independence
Act of 1947. The roots of the assembly went back to the elections of 1945-
46 in India. It was established with the acceptance of 3rd June 1948 plan.
• It was comprised on 69 members, later on numbers were extended to 79.
The first session of Pakistan first constituent assembly was held on 10
August 1947 in Karachi. In this session, Mr. Jugandernarth Mendal was
elected as its temporary chairman while Jinnah was elected its first president
subsequently. Maulvi Tamiz ud din was elected as its deputy president.

5. continue
• Under the Indian Independence Act 1947, the assembly was given two tasks:
first one is to formulate new constitution and second is to act as a federal
legislature. The functions of federal legislature were defined under 1935 Act
of India.
• As a constitution making body it was completely independent. The
constituent Assembly could amend Indian Independence Act with simple
majority. Moreover, no law without its approval. The bill needed to be signed
by the president of Assembly.
• The constituent Assembly formed several committees to carry out its
functions. The most important of them was Basic Principal Committees.

6. The Objectives Resolution
• One of the most important documents in the constitutional history of Pakistan.
Passed on 12 March 1949, it is Magna Carta in constitutional history of Pakistan.
• Its object was to pacify the centrifugal forces as well as centripetal ones in the
country.
• It has been included in all the three constitutions of Pakistan as preamble. However,
after 8th Amendment, it was incorporated in Pakistan Constitution during Zia’s
regime. The followings are major features of objective Resolution:

7. • Sovereignty belongs to Allah, all the decisions and laws are formulated in
light of Quran and Sunnah. Authority is sacred trust which should be
exercised within prescribed limits.
• Head of state must be Muslim as well as head of government.
• All the Muslims should be provided enviable environment for carrying out
all the religious rituals.
• The state will exercise its powers through elected representatives.

8. • The provisions were granted for the smooth environment for well being of
minorities.
• Pakistan would be federation with autonomous units. The sovereignty would
be protected.
• Pakistan would provide its due role in international peace and prosperity.
• Special efforts would be taken for economic well being of the people. The
backward regions would be uplifted with due attention.

9. • Urdu would be national language.
• Pakistan must have peaceful relationship with Muslim nations.

10. Significance of Objectives Resolution
• For the time being, it diffused the tensions between religion and politics.
• It answered the questions of conservatives( Islamists and fundamentalists)
• It also answered the questions of liberals.
• It acts as a policy guideline even today world
• It envisaged democracy in Pakistan.