Course Title: Ideology and Constitution of Pakistan

Course Code: PAKS1119

Chapter 3: Introduction to the Constitution of Pakistan
Q1. Definition and importance of a constitution
Definition:
The basic principles and laws of a nation, state, or social group that determine the powers and duties of the government
and guarantee certain rights to the people in it.

A Constitution is a collection of rules and principles which set out how a state will be governed.

Importance of the Constitution:

A constitution is important because it ensures that those who make decisions on behalf of the public fairly represent
public opinion.

It also sets out the ways in which those who exercise power may be held accountable to the people they serve. And it
sets out where government powers end by guaranteeing individuals’ specific rights and freedoms.

These rights help to assure the protection and promotion of human dignity, equality and liberty.

Constitutions may provide for the division of powers between the central government and the regions.

Constitutions should be agreed rather than imposed so as to provide an acceptable framework for the settling of
different political views.

They help provide for a stable society by ensuring that, although everybody may not agree with the government all the
time, the people accept the legitimacy of the system of choosing governments.

Q2. Ideological factors that shaped the constitution(s) of Pakistan (Objective Resolution 1949).

Objective Resolution was presented in the Constituent Assembly by Liaquat Ali Khan on March 7, 1949, and was debated
for five days by the members from both the treasury and opposition benches. The resolution was ultimately passed on
March 12. Following were the main features of the Objectives Resolution:

 The sovereignty of the entire Universe belongs to Allah alone.

 Authority should be delegated to the State through its people under the rules set by Allah.
 The Constitution of Pakistan should be framed by the Constituent Assembly.
 The state should exercise its powers through the chosen representatives.
 Principles of democracy, freedom, equality, tolerance, and social justice, as inshore by Islam should be followed.
 Muslims shall live their lives according to the teaching of the Quran and Sunnah.
 Minorities can freely profess and practice their religion.
 There should be a federal form of government with the maximum autonomy for the Units.
 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 the law and public
morality should be given to all the citizens of the state.
 It would be the duty of the state to safeguard the interests of minorities, backward and depressed classes.
 Independence of judiciary should be guaranteed.
 The integrity of the territory and sovereignty of the country was to be safeguarded.
 The people of Pakistan may prosper and attain their rightful and honored place amongst the nations of the
world and make their full contribution towards international peace and progress and happiness of humanity.
Q3. Overview of Constitutional developments in Pakistan
Constitution of 1956
After nine years of efforts, Pakistan was successful in framing a constitution. The Constituent Assembly adopted it on 29
February 1956, and it was enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic.

Salient features of the constitution:

 Written Constitution: This is a written and lengthy document. It consists of 234 Articles divided into 13 parts and 6
schedules.
 Flexible Constitution: The constitution could be modified or amended through a process requiring the amendment
to be passed by at least a two-thirds majority of the parliament.
 Islamic Republic of Pakistan: The name of the country was adopted as the “Islamic Republic of Pakistan”.
 Objectives Resolution: The objective resolution was included as a preamble of the constitution.
 Federal System: The constitution provides for a federal system in the country. Powers was divided between the
center and the provinces. The subjects were divided into three lists; The Federal List, The Provincial List, and the
Concurrent List.
 Unicameral Legislature: The legislature would consist of a single house. Both the wings of the country were given
representation in the National Assembly. The National Assembly consisted of 300 members. 150 members were
drawn from each wing.
 Parliamentary System: Parliamentary system was adopted, according to it the President was the head of state and
the Prime Minister the head of government.
 The President: Required to be a Muslim of at least forty years of age. The tenure of his office was five years. In case
of internal or external danger he could declare a state of emergency in the country. He was authorized to appoint
the Governors, the Judges of the Supreme Court, Auditor General and the Advocate General.
 The Prime Minister: He was to be the leader of the Parliamentary group and was thus indirectly elected by the
people. He could choose his cabinet from the members of the National Assembly; the cabinet was answerable to
the Assembly.
 Provincial Autonomy: Curtailed in the constitution to a great extent.
 Islamic Law: No law would be passed against the teachings of the Quran and Sunnah.
 Free Judiciary: An independent judiciary in the country. A Supreme Court interpreted the constitution, advised the
state whenever required, and decided the issues whenever required.
 Fundamental Rights: Included freedom of movement, freedom of speech and expression, freedom to choose
profession and freedom to profess religion. Right to life, liberty, and property.
 Language: Urdu & Bengali

On 7 October 1958, President Iskander Mirza staged a coup d'état. He abrogated the constitution and imposed martial
law.

Constitution of 1962

On 17 February 1960, Ayub Khan appointed a commission to report on the future constitutional 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. The report of the Constitution Commission was
presented to President Ayub on 6 May 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.
Salient features of the constitution:

 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 to
meet the demand of provincial autonomy.
  A Written and Detailed Document: The 1962 constitution was written in nature and character. It consisted of
250 Articles and 3 Schedules. Thus, it was a comparatively detailed document.
 Islamic Provisions: Like the previous constitution of 1956, the Objective Resolution was included in the
Constitution's Preamble. The teachings of the Quran and Islamiyat were to be made compulsory. The President
was to be Muslim. Pakistan was declared an Islamic republic through the first amendment. No un-Islamic law
would be enacted, and all the existing laws would be Islamized etc.
 Position of 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 ministers were
appointed by him, and they were accountable to him alone. Along with the provincial governors, all the top-
ranking officials were appointed by him.
 Objectives Resolution: The objective resolution was included as a preamble of the constitution.
 Unicameral Legislature: The 1962 Constitution like the previous constitution provided for a unicameral
legislature called National Assembly.
 Islamic Republic of Pakistan: The name of the country was adopted as the “Islamic Republic of Pakistan”.
 Independence of Judiciary: Proper safeguards were introduced in the 1962 Constitution to ensure the
independence of the judiciary.
 Flexible Constitution: The constitution could be modified or amended through a process requiring the
amendment to be passed by at least a two-thirds majority of the parliament.
 Fundamental Rights: Included freedom of movement, freedom of speech and expression, freedom to choose
profession and freedom to profess religion. Right to life, liberty, and property.
 Language: Urdu & Bengali

The second martial law was imposed on 25 March 1969 by General Agha Mohammad Yahya Khan, after General Ayub
Khan handed over power to the army commander-in-chief, and not the speaker of National Assembly as laid down by
the constitution.

Constitution of 1973

After the separation of East Pakistan in 1971, Zulfiqar Ali Bhutto took over the reins of the remaining country as its
President and governed the new country under the Interim Constitution of 1972. Soon afterwards, a Constitutional
Commission was set up to draft a permanent constitution for the country following the changed circumstances. It
presented its draft Constitution in early 1973, which was later unanimously approved by the National Assembly on August
14 of the same year.
Salient features of the constitution:

1. Written Constitution: Like the Constitution of the United States of America, but unlike the Constitution of the United
Kingdom, the Constitution of 1973 is a written document. There are 280 articles and seven schedules to the Constitution.
Urdu and English are the official languages, while provinces are free to opt for their respective provincial languages as
well.

2. Federal Form of State: the federating units, namely, the provinces of Punjab, Sindh, Khyber Pakhtunkhwa, and
Baluchistan.

3. Parliamentary form of Government: Like the Constitution of 1956, but unlike the Constitution of 1962, the
Constitution of 1973 provides Pakistan with a parliamentary form of government whereby maximum powers are vested in
the elected parliament and the Prime Minister, as head of government, has many more powers than the head of state
(President).
4. Bicameral Legislature: The Constitution of 1973 provides for the establishment of a bicameral legislature that consists
of two houses, namely, the National Assembly, the lower house, and the Senate, the upper house. All public
representatives of the national assembly and the provincial assemblies are elected through the direct votes of adults.

5. Balance between rigidity and flexibility: The Constitution of 1973 strikes a fairly good balance between rigidity and
flexibility. As per universal practice, it does allow constitutional amendments but requires a two-thirds majority of the
parliament (National Assembly and Senate) to approve them.

6. Fundamental Rights: To emphasize its democratic credentials, the 1973 Constitution guarantees fundamental rights to
the citizens of Pakistan. These include equality of all citizens before the law, security of person, safeguards as to arrest
and detention, prohibition of slavery and forced labour, freedom of speech, freedom to profess religion, safeguards for
religious institutions, non-discrimination in respect of access to public places and services, and preservation of languages,
script, and culture.

7.Independence of Judiciary: Proper safeguards were introduced in the Constitution to ensure the independence of the
judiciary.

8. National Language: Urdu would be the only national language of Pakistan.

9. Islamic Provisions:

The official name “Islamic Republic of Pakistan” was selected for the state of Pakistan.

Islam has been declared the state religion of Pakistan.

Enabling the living life, culture, and customs of Muslims, individually or collectively, under the fundamental principles and
basic concepts of Islam

Teachings on Arabic, Qur’an, and Islamiyat to be compulsory in the country’s institutions and to secure correct and exact
printing and publishing of the Qur’an.

Proper organization of Zakat, Waqf, and mosques is ensured.

Prevent prostitution, gambling, consumption of alcohol, printing, publication, circulation, pornography, and display of
obscene literature and advertisements.

It is required to be a Muslim to run for president (male or female) and/or Prime Minister (male or female). There is no
restriction as to religion or gender on any other post, up to and including provincial governor and Chief Minister.

All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Qur’an and Sunnah and no
law shall be enacted that is against them.

A Council of Islamic Ideology shall be constituted and referred to as the Islamic Advisory Council.