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Definition of Constitution

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7 views5 pages

Definition of Constitution

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sheikhshameer99
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Definition of Constitution

A **constitution** is a body of fundamental principles or established precedents according to


which a state or other organization is acknowledged to be governed. It outlines the structure,
powers, and duties of government institutions and the rights of citizens.

Types of Constitution
1. **Written and Unwritten Constitutions**:
- **Written Constitution**: A single, codified document that outlines the fundamental laws and
principles of a government. Examples include the U.S. Constitution and the Indian Constitution.
- **Unwritten Constitution**: A constitution that is not contained in a single document but is
found in various sources such as statutes, judicial decisions, and conventions. The British
Constitution is an example.

2. **Flexible and Rigid Constitutions**:


- **Flexible Constitution**: Can be amended easily through ordinary legislative processes.
The British Constitution is an example.
- **Rigid Constitution**: Requires a special procedure for amendments, often involving
supermajorities or referendums. The U.S. Constitution is an example.

3. **Unitary and Federal Constitutions**:


- **Unitary Constitution**: Centralizes power in a single national government. Examples
include the constitutions of France and Japan.
- **Federal Constitution**: Divides power between national and regional governments.
Examples include the constitutions of the United States and Canada.

4. **Democratic and Monarchical Constitutions**:


- **Democratic Constitution**: Establishes a system of government based on the principle of
popular sovereignty. Examples include the constitutions of India and South Africa.
- **Monarchical Constitution**: Establishes a system of government where a monarch holds
significant power. Examples include the constitutions of the United Kingdom and Japan.

Constitutional Development of Pakistan (1947-1958)


Certainly! Here is a more detailed overview of the constitutional development in Pakistan from
1947 to 1958.

### Constitutional Development of Pakistan (1947-1958)

#### Independence and Early Governance (1947-1954)

1. **Government of India Act, 1935**:


- At independence on August 14, 1947, Pakistan adopted the Government of India Act, 1935, as
its interim constitution.
- This Act provided a federal structure, with significant powers vested in the Governor-
General, reflecting the colonial administrative framework.
- Muhammad Ali Jinnah served as the first Governor-General, playing a crucial role in
establishing the administrative machinery of the new state.

2. **Challenges and Early Governance**:


- The partition of India led to massive population movements, communal violence, and refugee
crises.
- The new government faced significant challenges in integrating diverse ethnic, linguistic, and
religious groups into a cohesive nation.

#### The Objectives Resolution (1949)

1. **Introduction**:
- The Constituent Assembly of Pakistan passed the Objectives Resolution on March 12, 1949.
- The Resolution, proposed by Prime Minister Liaquat Ali Khan, outlined the guiding
principles for the future constitution of Pakistan.

2. **Key Features**:
- Sovereignty belongs to Allah alone, but the authority is to be exercised by the people within
the limits prescribed by Him.
- The state shall endeavor to enable Muslims to live their lives according to the teachings of
Islam.
- Adequate provisions shall be made for the minorities to freely profess and practice their
religions and develop their cultures.
- Fundamental rights shall be guaranteed to all citizens, including equality before the law and
freedom of speech and expression.

#### Drafting the First Constitution (1949-1956)

1. **Constituent Assembly's Role**:


- The Constituent Assembly was tasked with drafting the new constitution, but faced delays
due to political instability and disagreements among various factions.
- Key issues included the balance of power between the central government and provinces, the
representation of East and West Pakistan, and the role of Islam in the state.

2. **Political Instability**:
- The death of Jinnah in 1948 and the assassination of Liaquat Ali Khan in 1951 created a
power vacuum.
- Frequent changes in government and political infighting hindered the constitution-making
process.

#### Adoption of the 1956 Constitution

1. **Promulgation**:
- The first Constitution of Pakistan was adopted on March 23, 1956, transforming Pakistan into
an Islamic republic.
- Iskander Mirza was sworn in as the first President of Pakistan under the new constitution.

2. **Key Provisions**:
- **Federal Structure**: The constitution established a federal system with a clear division of
powers between the central government and the provinces.
- **Parliamentary System**: A bicameral legislature was introduced, consisting of the
National Assembly and the Senate.
- **Fundamental Rights**: The constitution guaranteed fundamental rights to all citizens,
including freedoms of speech, assembly, and religion.
- **Islamic Provisions**: The President was required to be a Muslim, and the state was tasked
with ensuring that all laws conformed to the principles of Islam.

3. **Political Changes**:
- The constitution aimed to address the representation imbalance between East and West
Pakistan by providing equal representation in the Senate.
- The Prime Minister, as the head of government, held significant executive powers, while the
President had more of a ceremonial role.

#### Martial Law and the End of Constitutional Rule (1958)

1. **Political Instability**:
- Despite the new constitution, political instability persisted, with frequent changes in
government and political conflicts.
- The administration struggled to deal with economic challenges, regional disparities, and
tensions between East and West Pakistan.

2. **Imposition of Martial Law**:


- On October 7, 1958, President Iskander Mirza declared martial law, abrogating the
constitution and dissolving the national and provincial assemblies.
- General Ayub Khan was appointed as the Chief Martial Law Administrator, marking the
beginning of military rule in Pakistan.

3. **Aftermath**:
- Ayub Khan later assumed the presidency, and a new constitution was promulgated in 1962,
which introduced a presidential system and further centralized power.

### Conclusion
The period from 1947 to 1958 was marked by significant constitutional developments as
Pakistan transitioned from a newly independent state to a republic. Despite the challenges and
political instability, the adoption of the 1956 constitution was a crucial step in establishing the
legal and institutional framework for the country. However, the persistence of political turmoil
ultimately led to the imposition of martial law, altering the course of Pakistan's constitutional
history.

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