The document discusses the political and constitutional development of Pakistan from its creation in 1947 to the present constitution of 1973. It covers the adoption of the Government of India Act 1935 as the initial constitution, the objectives resolution of 1949, and the passing of the first constitution in 1956 which established Pakistan as an Islamic republic. Subsequent constitutions in 1962 and 1973 established a parliamentary system, president, and bicameral parliament. The 1973 constitution remains in effect today.

1. Political and
Constitutonal
Development of
PAKISTAN
Background 0f Pakistan:
 Creation of Pakistan in 1947 was in many
ways a unique event which at the same time
was bound to have many difficulties primarily
due to a consistently hostile attitude adopted
by Indian leadership. The Indian leaders

2. continued to create difficulties for Pakistan in
the hope that Pakistan would not survive for
long.
 One of the most uphill task for the newly
created Pakistan was The framing of its
comprehensive Constitution. Both India and
Pakistan at their birth adopted Government of
India Act of 1935 with essential amendments
as the interim constitution i.e.Parliamentary
andFederalinnature.
 Quaid-e-Azam with his vast and strong
background of handling legal matters took up
this problem with urgency however gravity of
other issues compelled him to pay his

3. attention to other matters which delayed this
importantprocessofconstitutionMaking.
Measures Taken by QUAID-e-AZAM
MUHAMMAD ALI JINNAH:
 Appointed the first constituent
assembly of Pakistan in August
1947 :
1. 69memberselectedin1945-46election.
2. 10 members were included from princely
states.

4.  Dual responsibility of acting as the federal
legislatureandconstituentassembly.
 The members however lacked the essential
requisites of high competence, commitment
and political experience. Even though Jinnah
wanted to improve this situation but his early
demise in 1948 struck another blow to
fledglingPakistan.
Liaquat Ali Khan and his
Objectives of 1949:

5. Objectives resolution was passed on 12th March
1949 while Liaquat Ali Khan was the Prime
Minister and Khawaja Nazimuddin was the 2nd
GovernorGeneralatthetime.
MainFeaturesof Objective
Resolution:
SovereigntyofALLAH.
Democracy:Electedrepresentation.
FederalRepublicbasedonIslamicPrinciples,
juistice,equalityandtolerancewithan

6. independentjudiciaryplusprotectionof
minorities.
Muslimwayoflifeaccordingtoteachingof
QuranandSunnah.
AfterSharpcriticismbyrelgiousscholarsa basic
principlescommitteewassetuptoreviewthe
recommendationshoweverrecommendationsin
EastandWestPakistan.
PoliticalcrisisdevelopedasthePrimeMinister
LiaquatAliKhanassassinatedin1952,aftera
threeyeardelaygeneralelectionwereheldon
21st
june1955.Assemblymeton7th
july
1955.Finallythefirstconstitutionwas

7. promulgatedbythe2nd
constitutionassemblyon
23rd
March1956.
Constitution:
What is Constitution:
 Constitution is a set of laws/principles may
be written or unwritten on which a country is
acknowledgedtobegoverned.
 The system of fundamental laws and
principles that prescribes the nature, function,
and limits of a goverment or another
institution.
 Constitution is the fundamental laws of the
land and it is from this source that all the laws
spring.

8.  Body of rules which regulates the system of
govermentwithinastate.
 In Muslim states,particularly Pakistan,laws
are not derived from the constitution but rom
the Almighy Allah who has revealed them in
his book and which have been interpreted and
explained by Holy Prophet Muhammad
(PBUH)throughhissayings.
 Conduct and actual practice. For practical
purpose we can assume that laws which are
not repugnant to the Holy Quran and Sunnah
have to be framed under the authority of the
constitution and cannot be antagonistic to its
commandandspirit.

9. FormsofConstitution:
 Written.
 Unwritten.
 PertlyWritten.
Kinds of
Constitution:
 Federal and unitary constitutions Under a
federal constitution there is a scheme of
distribution of powers between the central and
local units which are to a certain extent
independent within their own territorial limits.
The central government has its own sphere of
operation of its laws, while the federating units

10. are governed by their own laws. No one is
subordinate nor are acts as an agent of the
other, e.g. the constitution of Switzerland,
AustraliaandIndia.
 In the unitary constitution the legislature of
the whole country is the supreme law making
body which may permit other legislatures to
exist subordinates to it. Sweden, New Zealand,
France,haveunitaryconstitutions.
Islamic Point of View
about Costitution:

promulgated by the holy prophet of Islam
Mohammad (pbuh) when he migrated to

11. madina and foundation was laid for the
government of a city state. This constitution
was framed and put into effect with the full
consensus of not only the followers of the
prophet Mohammad (pbuh) but also had the
concurrence of the Jews and other
non?converts.The constitution thus framed
gave the details of the rights and duties of the
rulerandtheruled.
 The characteristic of Muslim administration
had been that the people including the rulers
were subject to shariat and it was enforced
with greater force of equity, justice and good
conscience in the case of those who did not

12. embrace the faith of Islam. Such notions as
“the king can do no wrong”, “the king cannot
be tried in his own court”, “act of state” and
“privilege” etc, are unknown to Islamic
jurisprudence. Even the first four rightly
guided caliphs had great respect for the law
and would humbly appear before the Qazi if
eversuchanoccasionarose.
 Muslim theologians and jurists believe in
the supremacy of the law as laid down in the
holy Quran and interpreted by Sunnah and
hold it to be eternal and immutable. This law
was therefore the actual sovereign in Muslim
lands. Sovereignty, says the Holy

13. Quran,belongs to almighty Allah alone and
the authority to be exercised by the state is
therefore a sacred trust on behalf of Allah and
must be exercised within the limits prescribed
byHim.
Constitution
History of Pakistan:
Minto-MarleyReforms1909:
The Act of 1909 enlarged the size of Legislative
Council.It was provided that the imperial
Legislative Council shall consist of 37 official and
32 non- 0fficial members.It was decided that

14. there would be no official majority in the
provincial Legislative Councils but such majority
was considered essential in the Central
Legislature.The principle of territorial
representation was not accepted.“Representation
by classes and benefit was considered to be the
only practical method of embodying the elective
principle in the constitution of the Indian
Legislative Council.” The Act provided for
separate or extraordinary electorates for the due
representation of the different communities,
classesandbenefit.
The Goverment of
INDIA ACT 1935:

15.  TheacceptanceofanAllIndiaFederation.
 The introduction of partial responsibility in
theformofdiarchyattheCentre.
 Thegrantofautonomytotheprovinces.
 Safeguards, reservations, special
responsibilities, overriding Powers, etc.in the
hands of the Governors and the
governor-General.
 Creation of a Federal Court, Federal Railway
authority, the reserve Bank of India, public
service Commission for the Federation and
provinces.

16. Basic purposes
of Act:
Act:-
 Establishmentofa Federation.
 Provincial autonomy with parliamentary
Government.
 TheseparationofBurmafromIndia.
Provisions:
 ProvincialAutonomy.
 AllIndiaFederation.
 DiarchyattheCentre.
 Safeguards.

17.  RigidConstitution.
Constitution of
1956:
 Pakistan was to be federal republicbased on
IslamicIdeology.
 A detailed and comprehensive list of
fundamental rights with an Independent
Judiciarywasprovidedintheconstitution.
 The system of the parliamentary form of
government was adopted both at the Centre
andintheprovinces.
 There was distribution of powers between
theCentreandtheprovinces.

18.  The constitution provided for Pakistan,
wherein equality between East and West wings
hadbeenmaintained.
 For the distribution of subjects between the
centre and the provinces, three lists of subject
hadbeendrawnup.
 There was a special procedure to be adopted
for the amendment of the constitution, yet it
was the least rigid constitution. It was
reasonablyflexible.
 It had provided for two National languages
Urdu for the West Pakistan and Bengali for
theEastPakistan.

19.  Instead of double citizenship, one
citizenship system was provided for the
FederationofPakistan.
 The constitution was silent as to be method
of conducting elections both for the Central
andtheProvinciallegislatures.
 And finally, there were the Islamic
charactersoftheconstitution.
Islamic provision of the
1956 constitution:
 The name of the country will be Islamic
republicofPakistan.
 The preamble of the constitution embodied
thesovereigntyofGodAlmighty.

20.  TheHeadoftheStateshallbea Muslim.
 IslamicAdvisoryCouncilshallbesetup.
 No Law detrimental to Islam shall be
enacted
Constitution of
1692:
 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.

21. He would be elected through not direct
elections for a time of five years. If he has held
office for more than 8 years, he could look for
reelection with the support of the NA and the
PAs. National Assembly was given the power
to charge 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.

22. He could issue Ordinances. He could also
announceStateofEmergencyinthecountry.
Constitution of
1973:
 ParliamentarySystem.
 President.
 Parliamentwithtwohouses.
 FederalSystem.
 ProvincialStructure.
 PrinciplesofPolicy.

23.  FundamentalRights.
 IslamicProvisions
 NationalLanguage.
 Judiciary.
 Rigid.
Amendment of Constitution:

create in the national Assembly and when the
Bill has been passed by the votes of not less
than two-thirds of the total membership of
Assemblyitshallbetransferredtothesenate.

amendments it shall be reconsidered by the
National Assembly; and if the Bill as amended

24. by the Senate is passed by the Assembly by the
votes of not less than two-thirds of the total
membership of the Assembly, it shall be
presented to the President for the assent.If the
Bill is passed by the Senate by a majority of the
total membership of the Senate it shall be
presentedtothePresidentforassent.
 If the Bill is not passed by the Senate within
ninety days from the day of its receipt the Bill
shall be deemed to have been rejected by the
senate.
Conclusion:
 The constitution of 1973 was an expression
of the balance of class forces established after

25. the political crises of 1971 and the collapse of
themilitarydictatorship.
 The present Constitution of Pakistan is
characterized by such fundamental principles
as a parliamentary republican system, federal
state structure, and proclamation of
democracy, freedom, equality, tolerance and
other bourgeois?democratic freedoms, and the
attainment of social justice as the supreme aim
ofthestate.