Constitutional Development in Pakistan Act of 1935

Constitutional Development in Pakistan (311) Page 1 of 25
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Subject Constitutional Development in Pakistan
(311)
YouTube Channel Law Wits
GOVT. OF INDIA ACT 1935
The Govt. of India Act, 1935 which is known as the masterpiece of
draftsmanship was passed by the British Parliament on 2nd August 1935.
This act consisted of 32 sections, 10 schedules and two parts i.e.
Provincial Part and Federal Part. The salient features of this act were as
under:-
Provincial Part:
1. Provincial Autonomy: It abolished diarchy in the provinces and
conferred autonomy to the provinces. Under it the whole provincial
administration, with certain reservations, was transferred to the
control of Indian Ministers.
2. Federation of India: It provided All India Federation comprising of
11 Governors’ provinces and 5 Chief Commissioners’ provinces plus
all Indian states willing to join federation.
3. Three lists of subjects were drawn up: 1) Federal List included
subjects to be administered by federal government, 2) Provincial list
included subjects to be administered by provincial government and
3) Concurrent list included subjects to be administered by both
federal and provincial government.
4. Provincial Legislature: this act created bicameral legislature in 6
provinces consisting of Legislative Council (upper house) and
Legislative Assembly (lower house). They were empowered to
legislate on all subjects included in the provincial and concurrent
lists provided that such laws did not conflict with federal laws.
5. Sindh and Orrisa were separated from Bombay and Bihar
respectively and were given the status of separate provinces.
6. Special Responsibilities: The Provincial Governors were made
responsible for peace and order, financial stability and credit, All
India Services and States, prevention of discrimination against
British subjects.
Federal Part:

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1. Diarchy: This act abolished diarchy in the provinces and established
it at the centre.
2. Federal Administration: the central administration was to be
divided into two parts; one part to be in charge of Councilors
responsible to the Governor-General and second part was to be
under the control of India Ministers responsible to and selected by
Governor-General among federal legislatures.
3. Federal Legislature: The Federal legislature was to be bicameral
consisting of Council of State and Federal Assembly. The council of
the State was to have 260 members, out of which 150 to be elected
and 10 to be nominated from British-India and 100 nominees of the
State. The Federal Assembly consisted of 375 members, out of
which 250 were to be elected by British-Indian provincial assemblies
and 125 by the rulers of princely states. It was empowered to pass
any bill with the approval of Governor-General.
4. Special Responsibilities: The Governor-General was made
responsible regarding peace and order, financial stability, All India
Services States, prevention of discrimination against British
subjects. He was also empowered to issue ordinances.
5. Federal Court: This act established a Federal Court to adjudicate
inter-states disputes and matters concerning the interpretation of
the constitution. It also acted as a Court of appeal from the
decisions of provincial High Courts, in certain cases appeals could
be made to Privy Council in England against the decision of Federal
Court.
This act was fully enforced on 1st April, 1937 except Federal Part as the
Second World War started and central government remained as it was
since the act of 1919.
Drawbacks/ Critical Analysis: The Govt. of India Act, 1935 was criticized
in many ways as under:
1. The concept of All India Federation failed because the Indian
provinces which are made autonomous for the first time were
intended to federate with States. It followed that the provinces had
no independent power or authority to surrender their autonomy or
authority to central legislature.
2. The federal legislature had no control over the Federal Executive
and Governor-General.

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3. The nominees of the States had a hand in legislation of provinces,
but the provincial representatives had no jurisdiction over the state
affairs. This would have granted a unique, unilateral advantage to
the States.
4. There was no guarantee to the individual liberties nor it could give a
workable dominion status.
5. The people were not given their rights.
6. The system of diarchy which has failed in the provinces was
introduced in the centre without any perspective results.
7. All authority was vested in Parliament which was under British
influence.
8. Vast authority was given to the Governors in the provinces and to
the Viceroy in the centre, which was against the principles of
democracy and provincial autonomy.
9. The Ministers of State could interfere in the Government services
without any reason.
Importance of Got. Of India Act, 1935: The Govt. of India Act, 1935 holds
a great significance in the constitutional history of Pakistan. At the time
of independence of Pakistan, it was a state without any law to regulate
the country, thus, this act was taken adopted as interim constitution of
Pakistan after certain changes. This act also guided the framers to
legislate a new constitution for Pakistan.
SPECIAL POWERS AND RESPONSIBILITIES OF GOVERNOR-GENERAL
1. He was incharge of the reserve departments of Defense, Foreign
Affairs, Ecclesiastical Affairs and Tribal Areas and he appointed
three councilors to help him in his work.
2. He could issue two kind of ordinances; one type of ordinance he
could issue at any time and that lasted for 6 months. The other kind
of ordinance would be issued when the legislature was not in
session.
3. He could appoint and dismiss council of ministers and also could
preside over their meetings.
4. The previous sanction of Governor-General was required for the
introduction of certain bills in the federal and provincial
legislatures. He was authorized to stop discussion on any bill. He
could also withhold assent to any bill, or send it back, or reserve it
for consideration.

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5. He was given control over 80% of the federal budget. The non-vote-
able items of the budget formed a major part of the budget.
6. He could in his discretion send instructions to the Governors and it
was the responsibility of the Governor to carry them out.
7. He was authorized to summon, prorogue or dissolve the federal
assembly. He could summon both houses for joint sitting. He could
address legislatures or send messages regarding certain bills.
8. He could suspend the constitution.
OBJECTIVE RESOLUTION 1949
Introduction: Before drafting a constitution for newly established
country, it was felt necessary to draft principles and ideal on which it is to
be based, and to guide the makers in their great task. For this purpose,
Prime Minister of Pakistan Liaquat Ali Khan moved a resolution before
first Constituent Assembly of Pakistan, which was adopted by assembly on
12th March, 1949. The principles and ideals proclaimed in it are as under:
1. Sovereignty: It proclaimed that the sovereignty belongs to Allah
Almighty; but He has delegated it to the State of Pakistan through
its people, to be exercised as a sacred trust within the limits
prescribed by Quran and Sunnah.
2. Representation: The State shall exercise its powers and authority
through the chosen representatives of the people.
3. Social Justice: The principles of democracy, freedom, equality,
tolerance and social justice as enunciated by Islam, shall be fully
observed.
4. Lives of Muslims: Muslims shall be enabled to live their lives
according to the teachings and requirements of Islam, as set out in
the Holy Quran and Sunnah.
5. Minority Rights: Adequate provision shall be made for the
minorities to profess, propagate and practice their religions,
develop their cultures, and safeguards their legitimate interests.
6. Structure of Pakistan: Pakistan shall be the Federal State wherein
provincial autonomy is guaranteed through constitution.
7. Fundamental Rights: Fundamental Rights of freedom, equality,
property, expression of opinion, belief, worship, association, etc.
shall be guaranteed.

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8. Independence of judiciary: Judiciary shall be independent and shall
act according to the provisions of the constitution.
Importance of Objectives Resolution: The Objectives Resolution is one of
the important and illuminating documents in the constitutional history
of Pakistan. It may be regarded as the beacon-light which guided the
framers of our constitution in their supreme but arduous (hard and
difficult) task. It proclaimed that in the present day world of warring
ideologies, the Islamic State of Pakistan would be a haven of peace,
democracy and progress, and that Pakistan would be a democracy not
only in political but also in social and economic sense. Its importance can
be ascertained from the fact that it served as preamble for the
constitution of 1956, 1962 and 1973.
THE BASIC PRINCIPAL COMMITTEE
On 12th March, 1949, after passing the Objective Resolution, a committee
named as Basic Principal Committee consisting of 24 members and headed
by Khwaja Nizamuddin was formed and assigned a task of framing
constitution in accordance with the Objective Resolution.
Structure: The Basic Principle Committee established 4 sub-committees:
(i) sub-committee to make lists of the fundamental rights of the citizen,
(ii) sub-committee to determine the principles of franchise, (iii) judicial
sub-committee, and (iv) sub-committee to prepare the outline of the
federal and provincial Constitution and of distribution of powers.
Reports: This committee published its three reports.
First Report: Its first report was published on 28th September, 1950,
which is as under:
1. The Objectives Resolution to be included in the Constitution as the
directive principles.
2. Legislature was to compose of two houses: Upper house (House of
Units) giving equal representation for the units and the Lower
House (House of People) was to give representation on the basis of
Population. Both the Houses would enjoy the equal powers.
3. The Head of State elected by a joint session for the term of five
years
4. Urdu was declared as National language.
Criticism: This report faced criticism as under:-

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1. This report was criticized throughout the country due to lack of
Islamic character as proposed by Objective Resolution.
2. East Pakistan claimed that it has turned their majority into minority
in the federal legislature.
3. Only Urdu was declared as National Language while Bengali was
totally ignored.
Due to these criticisms especially by the people of East Pakistan this
report was postponed by PM Liaquat Ali Khan.
Second Report: This committee published its second report on 22nd
December, 1952, as under:
1. The Objective Resolution was adopted as preamble of proposed
constitution. No law was to be made in contradiction of Islamic
principles.
2. Head of State would be Muslim and he would be elected by both
houses of federal legislature for the term of 5 years.
3. Legislature was to compose of two houses: Upper house (House of
Units) and the Lower House (House of People), and the seats of
both houses were equally distributed between East Pakistan and
West Pakistan.
4. More powers were given to Lower House and Cabinet was made
responsible to Lower House.
5. Silent about national language.
Criticism: This report was also criticized due to following reasons:
1. The draft ignored that East Pakistan had contained majority of
population and West Pakistan had the major part of country’s
territory.
2. The politicians particularly from the Punjab deplored the Report
because formation of the Upper House on the basis of
representation was not acceptable.
3. Religious leaders demanded for declaration of Ahmadis as Non-
Muslims.
This report was postponed twice for consideration and finally political
crisis removed Prime Minister Khwaja Nizamuddin.
Third Report: Third report of Basic Principle Committee is known as
Muhammad Ali Bogra’s Formula which was presented on 7th October 1953
before constitution assembly. It contained following features:

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1. Legislature was to compose of two houses: the Upper House was to
have 10 members from East Pakistan and 40 members from West
Pakistan. While the Lower House was to have total 300 members
out of which 300 were to be from East Pakistan.
2. If the Head of Pakistan is from West Pakistan, the Prime Minister
shall be from East Pakistan, and vice versa.
3. The President was to be empowered to dissolved the houses, if
incase they failed in resolving their disputes.
4. Urdu and Bengali were to be National languages.
This formula suggested some difficult process but it was widely
acceptable. It lead to closer integration and cooperation between the two
wings. Resultantly, a committee was formed for drafting constitution on
14th November, 1954.
DISSOLUTION OF CONSTITUENT ASSEMBLY
Before the finalization of constitution, the first constituent
assembly of Pakistan was dissolved by Governor-General Ghulam
Muhammad on 24th October, 1954 on the grounds of inactivity,
incompetency, corruption and misdeeds and created reconstituted
Council of Ministers. Resultantly, the speaker of dissolved assembly filed
petition U/S: 223-A of Govt. of India Act, 1935 before Sindh Chief Court
and prayed writ of mandamus against the federation of Pakistan and
ministers restraining them from implementation of aforesaid
proclamation and to prohibit them from interfering the functions of
Moulvi Tamizuddin as the President of constituent assembly. The Sindh
Chief Court allowed the petition in favour of Moulvi Tamizuddin,
thereafter federation of Pakistan challenged the decision before Federal
Court. The Federal Court held that Sindh Chief Court had no jurisdiction to
make decision, thus suspended its decision and held the dissolution of
constituent assembly as valid. The Federal Court, however, advised the
Governor-General to form a second constituent assembly immediately.
CONSTITUTION OF 1956
Finally after the hectic efforts of 9 years, Constitution of Pakistan
named as “the Constitution of Pakistan 1956” was framed. It was adopted
by constituent assembly on 29th February, 1956 and enforced on 23rd
March, 1956 throughout the country.

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Salient Features:. Its salient features are as under:-
1. Written Constitution: It was a written constitution in a codified
form consisting of 234 Articles, 13 parts and 6 Schedules
2. Rigid Constitution: It was a rigid constitution which could only be
amended by alteast two-third majority of the Parliament.
3. Islamic Provisions: The Sovereignty of Allah over the universe was
acknowledged. Muslims should be enabled to order their lives
individually and collectively in accordance with the teachings o f
Quran and Sunnah. No law was to be made against the injunctions
of Islam. Teachings of Holy Quran were declared compulsory. Salary
and forced labour was prohibited. An organization for Islamic
research and instructions was to be established for reconstruction
of Islamic society on truly Islamic basis.
4. Fundamental Rights: Fundamental rights including right to life,
liberty, property and personal security, freedom of speech,
expression, thought and action, right of movement, right to privacy
and family life right to life, liberty, property and personal security,
freedom of speech, expression, thought and action, right of
movement, right to privacy and family life etc were guaranteed to
all citizens. These rights could be enforced by the Supreme Court.
No law was to be valid if made in violation of fundamental rights.
5. Federation: It embodied all the features of federation. There were
three legislative lists Federal, Provincial and Concurrent. Federal
List contained 30 Subjects, the Provincial 94 and in the Concurrent
List only 19 Subjects. Both the central and provincial legislatures
could also make laws regarding Concurrent subjects. In case of
conflict between the centre and the provinces, the Chief Justice of
Pakistan would have to settle the dispute.
6. Parliamentary Form of Government: It provided parliamentary form
of government where the Chief Executive was to be Prime Minister
and the prime minister along with his cabinet was responsible to
the Parliament.
7. The President: The president is the Executive Head of the
Federation. He is also the head of the State. He is to be elected by
the members of National and Provincial Assemblies for the term of
5 years. He could summon, prorogue or dissolve the National
Assembly and could send messages to it. His assent is considered

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essential for enactments. He appoints Judges of Supreme and High
Court, the Governors of the provinces, the Advocate General, the
Auditor General, the Election Commissioner and Principle Military
Officers.
8. The Prime Minister: Under the constitution, the Cabinet and the
Prime Minister as its head aids and advices the President in the
exercise of his functions. He is appointed by the President among
the members of National Assembly. He holds the office during the
pleasure of President. He could be removed if a vote of no-
confidence is passed against him by the Parliament. He along with
his cabinet was responsible to Parliament for their actions and
policies.
9. Parliament: The Parliament of Pakistan consisted of President and
one house known as National Assembly. It consisted of 300 seats by
the people of both wings on parity basis for a period of 5 years.
Besides, 10 seats are reserved for women for 10 years. Any person
of 25 years of age could become its member. Speaker and Deputy
Speaker were its presiding officers. There were to be alteast 2
sessions of assembly every year. It tenure is 5 year, however, it
could be dissolved earlier.
10. Independence of Judiciary: Independence of Judiciary was
protected. The Supreme Court was entrusted the task of
interpreting the constitution and to adjudicate in any dispute
between federal and any provincial government or between
provincial governments.
11. The Governor: The executive authority of provinces is vested in the
Governor, which is exercised by him directly or through subordinate
officers. He is appointed by the President for the term of 5 years
and holds office during the pleasure of President. He could appoint
Chief Minister among the members of Provincial Assembly. Other
Ministers, Deputy Ministers and Parliamentary Secretaries were
appointed and removed by the Governor. He could summon,
prorogue and dissolve provincial assembly. His assent is essential
for any kind of enactment and money bills. He could issue
Ordinances when the assembly is not in session. It is responsible for
legislation and financial matters of province.

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12. The Chief Minister: There is a provincial cabinet and Chief Minister
as its Head, to be appointed by the Governor for the term of 5 years
and obtained the confidence of members of assembly. He was the
pivot of the whole system of provincial government.
13. Provincial Legislature: Each provincial assembly consisted of
Governor and one house known as Provincial Assembly. Its tenure is
5 years, unless sooner dissolved. It is composed of 300 elected
members, besides this 10 seats were reserved for women for 10
years.
14. Directive Principles of State Policy: These principles include Islamic
teachings, eradication of poverty, protection of rights of minoritie s,
elimination of illiteracy, uplift of life standard, enforcement of
socioeconomic justice, separation of executive and judicial
branches.
15. Language: Urdu and Bengali were made official languages of
Pakistan. Nevertheless, English was adopted and accepted as
language for official business for a period of 25 years.
Abrogation of First Constitution and Marshal Law: First constitution of
Pakistan was abrogated on 7th October, 1958 when Iskander Mirza
proclaimed martial law throughout the country and appointed the Army
Chief, General Muhammad Ayub Khan, as Chief Martial Law Administrator.
On 24th October, 1958, President Iskandar Mirza constituted a 12-man
Central Cabinet and General Ayub Khan its prime minster. Iskander Mirza
relinquished his office of president on 27th October, 1958, and handed
over all powers to CMLA Ayub Khan, who declared that the Cabinet it
would work directly under the president. A presidential referendum was
held throughout the country and Ayub Khan was elected as President. In
February, 1960 he established a constitutional commission, whose report
was reviewed by two committees and finally a constitution draft was
made. On 8th June, 1962, he lifted martial law after and took oath of the
office of the President under the new Constitution, providing presidential
form of government.
Causes of Failure: The constitution of 1956 failed due to many factors.
Some of them are as under:-
1. The multi-party system was one of the main causes of its failure.
2. General elections were not held up to 1956. Consequently, the
parliamentary system did not strike roots in country.

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3. The eleven-year period from 1947 to 1958 was a period of political
instability which witnessed the rise and fall of nine prime ministers.
These circumstances were not conducive to democracy which was a
hallmark of the constitution of 1956.
4. The constitution was modeled on the One Unit of West
Pakistan. Opponents of the One Unit created hatred against the
Constitution.
5. Pakistan seriously faced unemployment, bribery, hoarding and
dearness. Thus, people lost faith in the constitution of 1956.
6. The selfish politicians were insincere and preferred their personal
interests over national interests, and did not miss any opportunity
to damage the image of democracy. The ministries continued to fall
like nine pins even after the enforcement of the constitution of
1956. These circumstances convinced the military regimes that the
Constitution of 1956 was incapable of meeting the challenges of the
day.
SHAHABUDDIN COMMISSION
After the abrogation of the constitution of 1956, a presidential
referendum was held by Basic Democracies and Ayub Khan was elected as
the President of Pakistan. Thereafter, a Constitutional Commission known
as Shahabuddin Commission was established in February 1960 under the
chairmanship of Justice Shahabuddin, former Chief Justice. This
commission was assigned to major tasks as under:-
1. To examine the causes of failure of Parliamentary system
in Pakistan.
2. To recommend an appropriate system of Got. for Pakistan in view of
the (a) genius or temperament of the people, (b) standard of
education, (c) internal conditions of the country, and (d) need of
development.
Keeping in view the causes of the failure of parliamentary system and
these goals or objectives, the commission was to make certain
recommendations. For the accomplishment of assigned tasks, the
constitution commission visited different cities and interviewed a lot
of people. .This report provided an analysis of the political history
of Pakistan from1947 to 1958, identifying the causes of the failure of
the parliamentary system during the 1st eleven years. Afterward the

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report was reviewed by two committees and finally under the report of
these committees the new Constitution was drafted and presented on
1st March, 1962.
The constitution of 1962 was announced on 1st March, 1962 by
President Ayub Khan and came into effect from 8th June, 1962.
Salient Features: The salient features of the constitution of 1962 were as
under:-
1. Written Constitution: It was a written constitution in a codified
form It was a written constitution in a codified form consisting of
250 Articles divided into twelve parts and three chapters.
2. Rigid Constitution: It was a rigid nature which could only be
amended by alteast two-third majority of the Parliament.
3. 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. The
Governors were appointed by the President and were independent
in matter pertaining to the provincial domain but their actions
could be overruled by the President. However, in this federal
structure, the central government was made domineering even at
the cost of provincial autonomy.
4. Islamic Provisions: The Objective Resolution was included in the
Preamble of the constitution. The teachings of Quran and Islamiat
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.
5. Fundamental Rights: In the original constitution there was no list of
fundamental rights. It was later included through an amendment in
1963. The list of fundamental rights included that all the citizens
are equal before law and entitled to equal protection, there shall be
no discrimination on any basis, right to enter profession, form
unions, association and almost all the rights secured to its citizens
by a modern state.

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6. Principles of Law Making and Principles of Policy: The two sets of
principles were introduced in this constitution. Principles of law
making included certain rules that no law to be made against
Islamic injunctions, all citizen are equal before law, no law should
restrict rights of citizens etc. while Principles of policy included
certain principles that illiteracy will be wiped out, protection to
rights of minorities, full powers to the provinces, friendly relations
with Muslim countries, prohibition on the use of drugs, special
attention to the education, health and welfare of the people etc.
7. Basic Democracies: A new system of basic democracies consisted of
80,000 democrats with equal representation from East and West
Pakistan, was introduced for indirect election system. Basic
Democrats were to be chosen by people. The elected Basic
Democrats constituted an “Electoral College” which elected the
President and MNAs and MPAs.
8. Presidential Form of Govt: In order to overcome political instability
presidential system was established, in which the President was the
real executive head and was of the Legislature and Judiciary. He
must be Muslim and of atleast 35 years of age. He was elected
indirectly for the term of 5 years by the Electoral College consisting
of basic democrats. He could be removed from office by the
members of National Assembly on the grounds of violation of
constitution or gross misconduct. He appointed Governors of
provinces, Advocate Generals, Chief Justices and other Judges of
High Courts and Supreme Courts, Election Commissioners, and he
also had a Supreme Command of the Defense Services of Pakistan.
He was empowered to grand pardon, promulgate laws and issue
Ordinances, He could summon, prorogue or dissolve National
Assembly but at the cost of his own office, his assent was necessary
for any enactment, money bill or amendment. He appointed Council
of Ministers to aid and advice him for the performance of his
functions. He was empowered to proclaim emergency incase of
external aggression or internal disturbance as to be out of the
powers of provincial government.
9. Central Legislature: The central legislature consisted of the
President and one house known as National Assembly of Pakistan.
National Assembly consisted of 150 members, with equal

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distribution of seats between two wings and certain seats were
reserved for women. Its term was 5 years, unless sooner dissolved.
It was responsible to legislate for central subjects and many other
powers were also granted to it.
10. Independence of Judiciary: This Constitution had ensured
complete freedom of judiciary. It could take Sou-Motu action of any
matter. The authority of appointment and transfer of Judges rested
in the President. Judges could be deposed only on the pretext of the
decision of the Supreme Judicial Council.
11. Provincial Governor: The execute authority of a province is vested
in the Governor, who is appointed by the President, and performs
his functions with aid and advice of his council of Ministers and
directions of the President. He holds office during the pleasure of
President. He was the Head of province and provincial executive as
well. He was empowered to summon, prorogue, or dissolve the
provincial assembly and could address and send messages to it. His
assent was essential for any enactment or money bill. He could also
issue ordinances when the assembly was not in session.
12. Central Consolidated Fund: All revenue received and all the loans
rose by the central government and all money received by central
government in repayment of any loan should form part of the
Central Consolidated Fund. Certain remunerations and expenditures
are paid from this fund.
13. Advisory Council of Islamic Ideology: The President of Pakistan
establishes and appoints the members and one member as
Chairman of Advisory Council of Islamic Ideology for the term of 3
years. The purpose of this council is the reconstruction of Muslim
Society on a truly Islamic basis by identifying non-Islamic laws and
bringing them in accordance with the Shariah.
14. Islamic Research Council: It provided for the establishment of an
Islamic Research Institution with the aim of promoting the study of
Islamic History and Fiqa and to carry out research in this regard.
15. Public Service Commission: Two kinds of Public Service
Commissions were introduced: Federal Public Service Commission
and Provincial Public Service Commission. The members and
Chairman of FPSC is appointed by the President for the term of 5
years, while the members and Chairman of PPSC are appointed by

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the Governors for the term of 5 years. These have been established
to ensure impartiality in the appointment of Public Service and to
protect them from the undue pressure of Ministers and Political
parties. The power of commissioners is not absolute but advisory
and recommendatory, the real powers had been left to the
President incase of FPSC and to the Governor incase of PPSC.
16. Provincial Legislature: Each provincial assembly consisted of
Governor and one house known as Provincial Assembly. Its tenure
was to be 5 years, unless sooner dissolved. It was composed of 155
members including 5 seats reserved for women. It was responsible
to make laws for provinces and certain powers were also granted to
it.
17. Languages: Urdu and Bengali were recognized as the national
languages of Pakistan.
Abrogation of Second Constitution and Marshal Law:
The second constitution of Pakistan of 1962 was abrogated on 26th
March,1969 when General Ayub Khan resigned and handed over the
control of the Government to the Army Commander-in-Chief General
Yahya Khan, who declared Martial Law and abrogated the Constitution.
On 3rd April, he formed a three-member Council of Administration with
himself as its Chairman, and next day issued Provisional Constitution
Order, providing basis for governance of country. On 8th April, he ordered
that Martial Law Administrators of East and West Pakistan will also
perform duties of the governors. Zulfikar Ali Bhutto, Chairman Pakistan
People's Party, took over as president and the first civilian Chief Martial
Law Administrator on 20th December, 1971.
Causes of Failure: Following are some factors which affected the
constitution of 1962:
1. Presidential Dictatorship: This constitution was not in the best
interest of people but an instrument of constitutional autocracy.
There was lack of distribution of power and extensive powers were
enjoyed by the president. President was not accountable to
National Assembly and his impeachment was a very difficult task.
2. Nominal Provincial Autonomy: The constitution was outwardly
federal system but it was unitary in actual practice. The central
government was virtually made domineering and powerful at the

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cost of provincial autonomy. The provincial governors and ministers
were appointed by President and were accountable to him alone.
Even during emergency the central government could intervene in
provincial matters.
3. Indirect Election System: It provided indirect election of
legislatures and President through basic 80,000 democrats, to be
elected by the people. Consequently, it deprived the citizens of
their basic right.
4. Secularism: In the original constitution Pakistan was named as
Republic of Pakistan omitting the word Islamic. However due to
popular opposition, it was renamed as Islamic Republic of Pakistan
through first amendment. Ayub's regime was secular in approach
throughout its period.
Introduction: It was drafted by the government of Zulfiqar Ali Bhutto with
assistance of opposition parties. It was moved in the assembly on 2nd
February, passed by the Parliament on 10th April, assented to the
President on 12th April and enforced throughout the country on 14th
August, 1973. Salient Features: The salient features of the constitution
are as under:-
1. Written Constitution: It is a written constitution in a codified form.
It is one of the lengthiest constitutions of the world comprising a
preamble, 280 articles divided into 12 parts, and 6 schedules.
2. Rigid Constitution: It is a rigid constitution which can only be
amended by two-third majority of the total membership of
Parliament with final assent of the President.
3. Islamic Provisions: This constitution is strictly based on Islamic
ideology. Article 01 of the constitution declares Pakistan to be an
Islamic polity. Islam shall be the state religion. It advised the
Muslims to implement the teachings of Quran and Sunnah in their
daily life. It provides that only Muslim could be the President and
Prime Minister to of Pakistan. It further provides that no law
repugnant to Islamic injunctions was to be made and present laws
were to be Islamized.
4. Federal Form of Got: According to Article 01 of the constitution,
Pakistan shall be federal republic to be known as Islamic Republic of

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Pakistan. The federation of Pakistan consists of a central
government and four provincial governments. There are two
legislative lists: the Federal List and the Concurrent List. The central
government has exclusive right to legislate on all matters
enumerated in the Federal List and both the central and provincial
governments can legislate on all matter enumerated in the
Concurrent List. However, in case of conflict the central law will
prevail while the other will stand invalid. Although the provincial
autonomy has been ensured but the supremacy of the federal
government has been recognized in various legislative,
administrative and fiscal matters.
5. Parliamentary Form of Govt: It provides a Parliamentary form of
Govt. where Prime Minister is the Chief Executive, who is elected
among the members of the National Assembly and is the leader of
National Assembly. He selects his cabinet of ministers among the
members of Parliament, and they both are accountable to the
Parliament for their conduct and policies. He reserves more powers
as compared to President, the President acts on the advice of Prime
Minister.
6. Bicameral Legislature: It proposes a bicameral (two house)
legislature called Majlis-e-Shura consisting of an Upper House
known as the Senate and Lower House known as the National
Assembly. The seats of Senate are proportionally given to the
provinces and the members are is elected by the Provincial
Assemblies, while the seats of National Assembly are awarded to
the province on the basis of their population and the members are
election directly by the people.
7. Fundamental Rights: Fundamental rights of the citizens are
reserved in article 8 to 28 of the constitution, which include: right
to life, property, profession, liberty of thought and expression,
freedom of association, religion, equality of citizens etc. Incase of
violation of these fundamental rights, the affected person can also
approach Court of law for seeking redress of his grievances.
8. Principles of Policy: Principles of police include: setting-up of local
electoral bodies for solving local problems, discouragement of
parochial and other prejudices, full representation of women in all
spheres of national life, promotion of social justice and

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strengthening of
bonds with Muslim world etc.
9. Independence of Judiciary: The constitution ensures the
independence of Judiciary from Executive and other authorities.
Although, the President appoints the judged but he cannot remove
them without the advice of Supreme Judicial Council.
10. Position of the President: The President is the head of the state. He
is assisted by the Prime Minister and his cabinet ministers for
running the governmental machinery smoothly. He represents the
unity of the republic. He is chosen for a period 5 years by an
electorate college consisting of the members of Parliament and all
the provincial assemblies. All the executive authority is vested in
him. He appoints all the top-ranking military and civil officials of the
state. All the bills passed by Parliament must be assented to him.
He can summon and prorogue either house of the Parliament. He
can also dissolve the National Assembly on the advice of the Prime
Minister and can issue ordinances.
11. The Prime Minister: He is elected by the members of National
assembly for the term of 5 years. He is the head of Govt. and
exercises the executive authority of President with the assistance of
his cabinet. He along with his cabinet is accountable to the
Parliament. He can be removed from office if a vote of no-
confidence has been passed against him by the Parliament.
12. National Finance Commission: It proposed the establishment of NFC
by the President consisting of Federal Finance Minister, Provincial
Finance Ministers and others for the term of 5 years. The
commission was to make recommendation regarding distribution of
revenue between Federation and Provinces and other certain
financial matters.
13. Council of Common Interests: It proposes a Council of Common
Interests comprising of the Prime Minister who works as a
chairman, the Chief Ministers of four provinces and three members
from federal government who are nominated by the Prime Minister.
It looks into the complaints regarding the water disputes between
the provinces.
14. Advisory Council of Islamic Ideology: The President of Pakistan
establishes and appoints the members and one member as

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Chairman of Advisory Council of Islamic Ideology for the term of 3
years. The purpose of this council is the reconstruction of Muslim
Society on a truly Islamic basis by identifying non-Islamic laws and
bringing them in accordance with the Shariah.
15. National Language: It declared Urdu as the National Language of
Pakistan.
FAILURE OF THE CONSTITUTIONAL MACHINERY
Constitutional machinery is a term used to refer to a body (an
elected government) which is bound to conduct the governance of State
in accordance with the provisions of the constitution of the country.
Article 234 of Pakistani Constitution empowers the President of Pakistan
to issue proclamation incase of failure of constitutional machinery in a
province.
The President, either on the report of the Governor or resolution
passed by each house separately, may by proclamation assume to himself
or direct the Governor to assume all or any of the functions of the
provincial government, and all or any of the powers of any body or
authority of province. He may also declare that the powers of the
Provincial Assembly shall be exercisable by or under the authority of
Parliament; and he may make such incidental and consequential
provisions so as to be necessary or desirable for giving effect to the
objects of the Proclamation, including provisions for suspending in whole
or in part the operation of any provisions of the Constitution relating to
any body or authority in the Province.
WHAT IS ISOLATION IN TERMS OF SOCIOLOGY?
Social isolation is defined as the absence of contact with family, friends or
other people of society. It is a state of being cut off from normal social
networks, which can lead to loss of mobility, unemployment, or health
issues etc. Isolation includes staying at home for lengthy periods of time,
having no access to services or community involvement, and little or no
communication with friends, family, and acquaintances.
There are many contributing factors to social isolation and prevent
people from leaving the house and having contact with other members of
society, such as long-term illness, disabilities, transport issues,
unemployment and economic struggles, or domestic violence etc. Some

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may be physically able to go out and meet people but are inhibited from
doing so by factors such as depression, social adversity, becoming a carer
for a loved one, or mourning. Any of these factors can be barriers to
forming and maintaining social networks and can lead to loneliness and
isolation.
CURRENT ECONOMIC ISSUES OF PAKISTAN
Currently, Pakistan’s economy is going through a rough patch. Some
economic parameters are declining while others remain somewhat
stagnant. The resultant situation is worrisome as slow economic growth
and increasing fiscal imbalance is preventing the government to cater the
needs of the growing population. Currently economic issues include:
Mounting Debt, Rising imports and declining exports, low savings and
higher consumptions, Devaluation of rupee, poor health and education
facilities, increasing population, Energy crisis, etc.
AMENDMENTS IN THE CONSTITUTION
Eighth Amendment (11th November, 1985): The main features of Eighth
Amendment are listed below:
1. The Electoral College for the election of President was modified, to
include both houses of Parliament and all the four provincial
assemblies.
2. The President is to act on the advice of Prime Minister or Cabinet but
the President can send back such advice for re-consideration.
3. The president can dissolve the National Assembly at his discretion, but
only if, in his opinion, the government cannot be carried on.
4. The President was empowered to appoint caretaker cabinet after
dissolving National Assembly.
5. The President was empowered to appoint Chief of Armed Forces and
the Chief Election Commissioner.
6. The Prime Minister was to be elected by the members of National
Assembly.
7. The President was empowered to appoint governors of provinces but
after consultation with the Prime Minister.
8. Membership of the Senate was raised from 63 to 87, with five seats
from each province provided for Ulemas, technocrats or professionals.

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9. Seats reserved for women in National Assembly were increased from 10
to 20.
10. The Federal Shariat Court was created to decide whether any existing or
enacted law by the legislative assembly is according to the injunctions
of Islam.
Thirteenth Amendment (1997):
1. The powers of President to dissolve National Assembly at his
discretion were eliminated.
2. Governors were empowered to dissolve provincial assemblies.
3. The President was to appoint Governors of provinces on the advice
of Prime Minister.
4. The President was to appoint the services chiefs on the advice of
Prime Minister.
Fourteenth Amendment (3 July, 1997): The Fourteenth amendment
inserted as new article, 63-A, in the constitution to close the door of
horse-trading and black-mailing and paved the way to unseat any member
of National Assembly who violates party discipline code of conduct, or
votes against his or her party in the parliament.
Seventeenth Amendment (2003):
1. It granted indemnification to all acts of General Pervaiz Musharraf.
2. The bill provided the vote of confidence in the President by both
Houses of the Parliament and Provincial Assemblies.
3. It permitted General Musharraf to retain both offices of the
President and Chief of Army Staff till 31st December, 2004.
4. The powers of President to dissolve National Assembly and to
dismiss federal government were restored. In case of dissolution of
National Assembly by the President, the matter was to refer to the
Supreme Court within 15 days and the Supreme Court was to decide
the reference within 30 days.
5. The Governors were empowered to dissolve their respective
provincial assemblies and provincial governments. In case of
dissolution of Provincial Assembly by the President, the matter was
to refer to the Supreme Court within 15 days with previous approval
of President and the Supreme Court was to decide the reference
within 30 days.

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6. The bill empowered the President to appoint services chiefs in
consultation with Prime Minister.
7. A judge of the High Court was to hold office until he attains the age
of 62 years, unless he sooner resigns or removed from office.
Eighteenth Amendment (8th April, 2010):
1. North-West Frontier Province has been renamed Khyber
Pakhtunkhwa.
2. The ban on third time prime ministership and chief ministership has
been lifted.
3. Islamabad High Court and Benches of High Courts in Mangora and
Turbat were established.
4. Article 25-A was inserted to guarantee free and compulsory
education to all girls and boys upto age of 16.
21st Amendment (7th Jan, 2015): For Speedy trial Military Courts were
established to deal with terrorism.
31st Amendment (31 May, 2018): It merges Federally Administered Tribal
Area with Khyber Pakhtunkhwa.
LEADING CASES
PLD 1955 FC 240
Federation of Pakistan VS Moulvi Tamizuddin
Facts: The first constituent assembly of Pakistan was dissolved by
Governor General Ghulam Muhammad on 24th October, 1954 and
appointed a new Council of Ministers. Moulvi Tamizuddin, the President
of dissolved Constituent Assembly filed petition U/S 223-A of Govt. of
India Act, 135 before Singh Chief Court praying writ of mandamus against
the Federation of Pakistan and members of Council of Ministers to
restrain them from implementing the aforesaid proclamation and to
prohibit them from interfering in the functions of Moulvi Tamizuddin as
the President of Constituent Assembly, and writ of Quo Warranto to oust
the minister of the council appointed by the Governor General. It was
argued on behalf of Federation of Pakistan and Council of Ministers that
the assembly was rightfully dissolved and the Sindh Chief Court has no
jurisdiction to issue writs because section 223-A which was inserted in the
Govt. of India Act, 1935 was not assented by the Governor General. The

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Sindh Chief Court did not agree with this contention and held that
constituent assembly when it did not function as Federal Legislature did
not require the assent of Governor General and in view of this finding
issued writs prayed for. Federation of Pakistan appealed before the
Federal Court.
Decision: On appeal the Federal Court led by Justice Muhammad Munir,
by majority of opinion, dissenting of Justice Alvin Robert Cornelius held
that the Constituent Assembly functioned as the “Legislature of the
Domain” and that the assent of Governor General was essential for all
legislations to become law, therefore, the Sindh Chief Court had no
jurisdiction to overturn the Governor General’s dissolution. Thus, the
dissolution of constituent assembly and creation of Council of Ministers
was held valid and the decision of SIndh Chief Court was dismissed.
PLD 1958 SC (PAK) 533
STATE V/S DOSSO CASE
Facts: A murder committed by a person namely Dosso at District LORALAI
of Baluchistan. Tribal authorities arrested him U/S 11 of Frontier Crimses
Regulation (FCR) 1901 and handed over to the council of elders (Grand
Assembly) called LOYA JIRGA. The Jirga convicted Dosso.
Petition before High Court: The relatives of Dosso filed a petition before
Lahore High Court against the decision of council of elders regarding
Dosso on the grounds that relevant provisions of FCR were repugnant in
the equity, equal protection of law and right to counsel as embodied in
the article 5 and 7 of the Constitution of 1956. The Lahore High Court
decided on favour of Dosso and declared FCR repugnant to the
Constitution of 1956. Thus, the proceedings held before council of elders
under FCR, 1901 were declared null and void.
Appeal before Supreme Court: The Federal Govt. of Pakistan appealed
before the Supreme Court of Pakistan against the verdict of Lahore High
Court. The case was fixed on 13th October, 1958, but before the date of
hearing a drastic change came in the political history of Pakistan and
Martial Law was promulgated on 7th October, 1958 by the President of
Pakistan Iskandar Mirza and Amy Commander-in-Chief Ayub Khan was
made Chief Marital Law Administrator; consequently with the abrogation
of constitution the national and provincial legislatures were dissolved.
Three days after proclamation of Martial Law, on 11th October the Laws

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(continuance in force) Order was issued according to which all the laws
except the Constitution of 1956 were validated and the jurisdictions of all
courts were restored.
Technical Points: Due to proclamation of Martial Law, following technical
points raised in the case:
1. If the Supreme Court would have upheld the decision of Lahore High
Court in Dosso’s case, it means the 1956 Constitution was still in
force as Lahore high Court decided the case in accordance with
Article 5 and 7 of the Constitution of 1956, and;
2. If 1956 constitution was still enforce then what was the role of
Martial law regulation i.e. Laws (continuance in Force) Order, 1958.
In short it would have been a challenge to the Martial Law administration.
Decision of the Supreme Court: The Supreme Court of Pakistan decided
the case unanimously against the verdict of Lahore High Court. The
Supreme Court’s decision was based on the Kelson's Theory of Legal
Positivism, according to which “If there is no change in the constitution or
the government with meta legal means and ways, and if there is no
opposition resistant to this change internally by the people plus no
disturbance in the territorial integrity of the country, then such a change
is successful revolution and is recognized by the International law”. Thus,
the Laws (continuance in force) Order 1958 was validated and it was held
that Frontier Crimes Regulation (FCR) 1901 is still in force in accordance
with the Laws (continuance in force) Order, 1901.
PLD 1993 SC 473
Mian Muhammad Nawaz Sharif VS President of Pakistan and Others
Facts: On 17th April, 1993, in the evening, Prime Minister of Pakistan Mian
Muhammad Nawaz Sharif addressed the nation on National Radio and
Television Networks, wherein he alleged an emotional stated, inter alia,
that disgruntle political elements were working against his Govt.,
hatching conspiracies to destabilize it and trying to undo all the good
work he was trying to do. All this he alleged was being done under the
patronage of President of Pakistan. He ended his speech with the
challenging words “I will not resign; I will not dissolve the National
Assembly; and I will not be dictated”.

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Barely after 24 hours of this speech, in the evening of 18th April,
1993, the President of Pakistan Ghulam Ishaq Khan called a Press
Conference at Aiwan-i-Sadr (President’s House) and declared the speech
of Prime Minister and other acts of his Govt. has convinced him that that
the Govt. of the Federation could not be carried on in accordance with
the constitution. Thus, he exercising his powers under Article 58(2)(b) of
the constitution dissolved the National Assembly, dismissed the Prime
Minister and his Cabinet, appointed a care-taker Govt. and called for
General Elections in the country. Along with this he immediately
appointed a care-taker Govt.
Petition before Supreme Court: A week later, on 25th April, 1993, the
dismissed Prime Minister filed a petition before Supreme Court of
Pakistan under its Original Jurisdiction conferred in article 184(3) of the
constitution, praying that the Order dated: 18-04-1993 be declared
malafide, null and void, and without lawful authority; and all steps taken
under aforesaid order including appointment of care-taker Govt. be also
declared as null and void; and further he prayed that respondents be
restrained from interfering with his functions and duties of the
government. At the time of hearing before a full bench of 11 permanent
Judges, the Attorney General of Pakistan objected that the petition filed
directly before Supreme Court under article 184(3) is not maintainable.
Questions arose: Is this petition under article 184(3) of the constitution
maintainable? and if so, has the President exceeded the powers conferred
upon him under article 184(3) of the constitution in ordering the
dissolution of the National Assembly.
Decision: The learned Court examined the provision of article 184(3) and
17(2) of the constitution and after hearing the arguments of the parties
held that the petition is maintainable. Adjudicating in the second
question the learned Court examined article 58(2)(b) of the constitution
and after certain Court procedure and observation held that the order of
April, 1993 by the President of Pakistan is not within the powers
conferred on the President under Article 58(2)(b) of the constitution;
consequently the National Assembly, the Prime Minister and the Cabinet
shall stand restored and entitled to function as immediately before the
impugned order was passed.

Constitutional Development in Pakistan Act of 1935

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