Chapter 2: Constitutional Development of Pakistan

2.1 Concept of Constitution

2.1.1 Define the term constitution;

A constitution is a formal document or a set of fundamental principles or established precedents that

2.1.2 Describe the importance of constitution for a state;

Importance of Constitution for a State

 Foundation of Law: A constitution serves as the highest legal authority in a state, providing a
framework for creating and interpreting laws. All laws passed by the government must align
with the constitution.
 Defines Government Structure: It establishes how the government is organized, including the
separation of powers between different branches, ensuring checks and balances that prevent
any one entity from gaining excessive control.
 Protects Citizens' Rights: The constitution enshrines fundamental rights and freedoms of the
citizens, protecting them from arbitrary actions by the state. It also provides mechanisms for
individuals to seek redress when these rights are violated.
 Promotes Stability: By establishing clear rules for governance, a constitution helps maintain
political and social stability. It offers a predictable legal environment, reducing the likelihood of
arbitrary governance or civil unrest.
 Limits Government Power: A constitution limits the powers of government institutions,
ensuring that they act within legal boundaries. This safeguards against authoritarian rule and
promotes democratic governance.
 Facilitates Governance: It provides a clear framework for decision-making and governance,
ensuring that public officials know their roles, responsibilities, and limitations.
 Promotes Unity and National Identity: A constitution often reflects the values and principles of
a state, fostering a sense of unity and national identity among its citizens. It can also resolve
conflicts between diverse groups by ensuring equal protection and representation.

2.2 Constitutional History of Pakistan • Objectives Resolution • 1956 Constitution • 1962 Constitution
• 1973 Constitution

2.2.1 Discuss the key ideas of the speech delivered by Mohammad Ali Jinnah to the Constituent
Assembly on 11 August 1947;

In his landmark speech, Jinnah emphasized several important points for the newly formed state of
Pakistan:

 Unity and Equality: Jinnah stressed that all citizens, regardless of their religion, caste, or creed,
were equal before the state. He wanted a nation where religion was a personal matter and did
not interfere with governance.
Chapter 2: Constitutional Development of Pakistan

 Rule of Law: He highlighted the importance of the rule of law and governance according to just
and fair principles.
 Religious Freedom: Jinnah assured minorities of full protection, granting them freedom to
worship and follow their own faiths without discrimination.
 Focus on Governance: He called for practical, good governance, warning against corruption,
nepotism, and other social evils.

2.2.2 Identify the key features of the Objectives Resolution 1949;

The Objectives Resolution laid the foundation for Pakistan's constitutional framework. Its key features
include:

 Sovereignty Belongs to Allah: The sovereignty over the entire universe belongs to Allah, and the
authority given to the state of Pakistan would be exercised within the limits prescribed by Him.
 Islamic Principles: The resolution declared that Muslims in Pakistan would live their lives
according to Islamic principles, while also ensuring freedom for minorities to practice their
religions.
 Fundamental Rights: It provided for the protection of fundamental rights, including equality and
social justice.
 Democratic Principles: Pakistan was to be a democratic state where authority would be
exercised through elected representatives.

2.2.3 Discuss the significance of Objectives Resolution 1949 in the constitutional development of
Pakistan;

The Objectives Resolution played a crucial role in shaping Pakistan's constitutional development:

 Islamic Foundation: It set an Islamic ideological foundation for the future constitutions of
Pakistan, integrating Islamic principles into governance.
 Guiding Framework: It served as a guiding framework for constitution-making and laid down the
basic principles of state governance.
 Influence on Future Constitutions: The resolution was later incorporated into the preambles of
the 1956, 1962, and 1973 constitutions, embedding Islamic values in Pakistan's constitutional
law.

2.2.4 Discuss the factors which delayed the constitution-making process in the initial years of
Pakistan;

Several factors delayed the constitution-making process in Pakistan's early years:

 Political Instability: Frequent changes in government and leadership instability slowed down the
process.
 Ethnic and Linguistic Tensions: Disagreements between East and West Pakistan over
representation and language created rifts, delaying consensus.
 Islamic vs Secular Debate: There was considerable debate between those who wanted an
Islamic constitution and those who preferred a more secular framework.
Chapter 2: Constitutional Development of Pakistan

 Lack of Experience: The new state lacked experienced politicians and constitutional experts to
guide the process effectively.

2.2.5 Describe the salient features of 1956 Constitution;

Salient Features of the 1956 Constitution:

 Islamic Republic: Pakistan was officially named the "Islamic Republic of Pakistan."
 Parliamentary System: A parliamentary system of government was established with a President
as the head of state and a Prime Minister as head of government.
 Bicameral Legislature: The National Assembly and Senate formed the bicameral legislature.
 Fundamental Rights: Fundamental rights were guaranteed, including freedom of speech,
religion, and equality.
 Islamic Provisions: The constitution included provisions for the state to promote Islamic values.

2.2.6 Discuss the reasons that led to the failure of 1956 Constitution;

Reasons for the Failure of the 1956 Constitution:

 Political Instability: Political instability, especially between East and West Pakistan, undermined
the effectiveness of the constitution.
 Weak Federal Structure: The balance of power between the center and provinces was weak,
creating tensions.
 Martial Law: The imposition of martial law in 1958 by General Ayyub Khan led to the suspension
of the 1956 Constitution, rendering it ineffective.

2.2.7 Describe the salient features of 1962 Constitution;

Salient Features of the 1962 Constitution:

 Presidential System: A presidential system of government was introduced, with the President
holding significant executive power.
 Unicameral Legislature: The Parliament was unicameral, with limited powers.
 Basic Democracies: The concept of "Basic Democracies" was introduced, where local councils
were directly elected, and they, in turn, elected the President.
 Islamic Principles: The President was required to be a Muslim, and Islamic provisions were
included.
 Fundamental Rights: Fundamental rights were granted, but the President had the authority to
suspend them during emergencies.

2.2.8 Discuss the reasons that led to the failure of 1962 Constitution;

Reasons for the Failure of the 1962 Constitution:

 Concentration of Power: The constitution concentrated too much power in the hands of the
President, leading to autocratic governance.
 Lack of Democracy: The absence of a true democratic framework alienated political leaders and
citizens.
Chapter 2: Constitutional Development of Pakistan

 Civil Unrest: Increasing discontent, particularly in East Pakistan, along with political movements
for democracy, led to its eventual failure.

2.2.9 Discuss the salient features of 1973 Constitution;

Salient Features of the 1973 Constitution:

 Parliamentary System: The 1973 Constitution restored the parliamentary system, with the
Prime Minister as the head of government.
 Bicameral Legislature: A bicameral legislature was established with the National Assembly and
Senate.
 Islamic Republic: Pakistan was reaffirmed as an Islamic republic, with Islam as the state religion.
 Fundamental Rights: Fundamental rights were guaranteed, including equality, freedom of
speech, and religious freedom.
 Provincial Autonomy: Greater autonomy was granted to the provinces.
 Islamic Provisions: The constitution included several Islamic provisions, including the
establishment of a Council of Islamic Ideology.

2.2.10 Compare the three constitutions of Pakistan in terms of their nature and features;

Comparison of the Three Constitutions (1956, 1962, 1973):

 Nature: The 1956 and 1973 constitutions were parliamentary, while the 1962 constitution
established a presidential system.
 Islamic Provisions: All three constitutions included Islamic provisions, but the 1973 Constitution
was more comprehensive in its Islamic framework.
 Democratic Structure: The 1956 and 1973 constitutions promoted democratic governance,
while the 1962 constitution concentrated power in the presidency.

2.2.11 Evaluate the steps taken towards Islamisation in Pakistan with reference to 1956, 1962 and
1973 Constitutions;

Steps towards Islamisation in the 1956, 1962, and 1973 Constitutions:

 1956 Constitution: Declared Pakistan as an Islamic Republic and included some provisions for
the promotion of Islamic values.
 1962 Constitution: Included Islamic provisions like requiring the President to be a Muslim, but
the Islamic framework was weaker.
 1973 Constitution: Strengthened the role of Islam by declaring it the state religion, establishing
the Council of Islamic Ideology, and ensuring laws were consistent with Islamic teachings.

2.2.12 Discuss the fundamental rights given in the Constitution of Pakistan 1973;

The 1973 Constitution guarantees several fundamental rights, including:

 Equality before the Law: All citizens are equal before the law, without discrimination based on
religion, race, or caste.
Chapter 2: Constitutional Development of Pakistan

 Freedom of Speech and Expression: Citizens are guaranteed the right to freely express their
opinions.
 Freedom of Religion: Religious freedom is guaranteed for all individuals.
 Right to Fair Trial: Citizens have the right to a fair trial and due process of law.
 Protection against Arbitrary Arrest: No person can be detained without legal justification.

2.2.13 Evaluate the practical implementation of these rights in Pakistan.

Evaluation of Practical Implementation:

 Equality before the Law: Social inequalities, especially for women and minorities, persist despite
legal protections.
 Freedom of Speech: Restrictions exist on criticizing the military or sensitive topics; media faces
censorship, though social media offers a platform for expression.
 Freedom of Religion: Religious minorities face discrimination, with blasphemy laws often
misused.
 Right to Fair Trial: The judicial system is slow and underfunded, delaying justice.
 Protection against Arbitrary Arrest: Unlawful arrests, particularly under anti-terrorism laws,
remain an issue, though courts occasionally intervene.

While the Constitution promises these rights, their full implementation remains uneven due to social
and political challenges.

Question: Explain the Islamization Process under General Zia-ul-Haq (1977);

Islamization Process under General Zia-ul-Haq (1977):

 Initiation of Islamization: General Zia-ul-Haq, as Chief Martial Law Administrator, initiated the
Islamization process in 1977.
 Islamic Financing Laws: The government invited Islamic scholars to draft laws based on Islamic
principles of finance.
 Zakat and Ushr Introduction: The Zakat and Ushr ordinances were implemented to collect
religious taxes.
 Hudood Ordinance: Islamic Hudood laws were introduced, focusing on criminal offenses and
punishments based on Shariah.
 Federal Shariah Court: Established to ensure that laws align with the teachings of the Quran and
Sunnah.
 Majlis-i-Shoora: Formed as an Islamic consultative assembly, replacing the National Assembly in
1980.
 Compulsory Islamic Education: Islamiat, Pakistan Studies, and Arabic were made mandatory
subjects in schools and colleges.
 Shariah Council: A body of ulema was created to review constitutional and legal matters to
ensure they conformed to Islamic principles.
 Use of Media: Radio and television were employed to promote Islamic values and build a
national identity rooted in Islamic teachings.