Constitutional History of Pakistan

The constitutional history of Pakistan is marked by political instability, military interventions, and efforts
to establish a democratic framework. Since its independence in 1947, Pakistan has experienced multiple
constitutions, abrogations, and amendments, reflecting its struggle to achieve a stable and functional
constitutional order.

1. Introduction

Pakistan’s constitutional history began with the adoption of the Government of India Act 1935 as the
interim constitution. Over the years, Pakistan has gone through several constitutional phases, including
the adoption of three constitutions (1956, 1962, and 1973), periods of military rule, and multiple
amendments. The evolution of Pakistan’s constitutional framework reflects the country’s efforts to
balance democracy, federalism, and Islamic principles.

2. The Government of India Act 1935 as Interim Constitution (1947-1956)

After independence, Pakistan adopted the Government of India Act 1935 as its interim constitution with
necessary modifications. The act provided a federal structure but concentrated powers in the hands of
the Governor-General.

Key Features:

 Governor-General held significant executive powers.

 British parliamentary system with a weak role of elected representatives.

 No fundamental rights explicitly recognized.

3. The Objectives Resolution (1949)

The Objectives Resolution was passed by the first Constituent Assembly in 1949, setting the ideological
foundation of Pakistan’s future constitutions.

Key Provisions:

 Sovereignty belongs to Allah.

 Islam to be the guiding principle of governance.

 Fundamental rights and democratic governance to be ensured.

 Minority rights to be safeguarded.

This resolution became the preamble of all future constitutions and was later made a substantive part of
the Constitution of 1973 through the 8th Amendment (1985).

4. The Constitution of 1956: Pakistan’s First Constitution

Pakistan's first constitution was promulgated on 23rd March 1956, making Pakistan an Islamic Republic.

Key Features:

 Parliamentary system with a unicameral legislature.

 Islam declared the state religion.

 Fundamental rights included.

 Provincial autonomy granted.

Reasons for Failure:

 Political instability and conflicts between East and West Pakistan.

 Military and bureaucratic dominance.

 Dismissal of governments led to a lack of democratic stability.

In 1958, President Iskander Mirza abrogated the constitution and declared martial law, appointing
General Ayub Khan as Chief Martial Law Administrator. Shortly after, Ayub Khan ousted Mirza and
assumed full control.

5. The Constitution of 1962: Pakistan’s Second Constitution

Ayub Khan introduced a new constitution on 1st March 1962, establishing a presidential system.

Key Features:

 Strong executive with extensive powers vested in the President.

 Unicameral legislature.

 Introduction of Basic Democracies (an electoral college of local representatives).

 Judiciary was made subservient to the executive.

 Islamic provisions were maintained but with limited implementation.

Reasons for Failure:

 Presidential system was seen as authoritarian.

 Limited political representation.

 Political discontent led to mass protests.

Amid political turmoil, Ayub Khan resigned in 1969, handing over power to General Yahya Khan, who
imposed martial law.

6. The Legal Framework Order (LFO) 1970 and Civil War

Yahya Khan introduced the Legal Framework Order (LFO) 1970, promising general elections. The Awami
League of East Pakistan won a majority, but power was not transferred, leading to the 1971 civil war
and the creation of Bangladesh.

7. The Constitution of 1973: Pakistan’s Third and Current Constitution

Key Features:

 Federal parliamentary system with the Prime Minister as head of government.

 Bicameral legislature (Senate and National Assembly).

 Islamic provisions strengthened (e.g., Pakistan declared an Islamic Republic).

 Fundamental rights were protected.

 Independent judiciary and provincial autonomy.

Amendments and Military Interventions:

 7th Amendment (1977): Strengthened executive powers.

 Martial Law (1977-1985): General Zia-ul-Haq imposed martial law, suspended the constitution,
and introduced the 8th Amendment (1985), giving the President the power to dissolve the
National Assembly.

 13th and 14th Amendments (1997): Strengthened parliamentary democracy under Nawaz
Sharif.

 17th Amendment (2003): Strengthened the presidency under General Pervez Musharraf.

 18th Amendment (2010): Restored parliamentary democracy and abolished the President’s
power to dissolve the National Assembly.

8. Recent Constitutional Developments

The 18th Amendment (2010) was a landmark reform that:

 Restored the parliamentary system by limiting the President’s powers.

 Granted provincial autonomy.

 Strengthened the role of the Prime Minister and Parliament.

Further amendments, such as the 21st Amendment (2015), introduced military courts to combat
terrorism, while the 25th Amendment (2018) merged FATA with Khyber Pakhtunkhwa.

9. Conclusion

Pakistan’s constitutional history reflects a constant struggle between democracy, military rule, and
Islamization. While the Constitution of 1973 remains in force, Pakistan’s democracy has faced multiple
challenges, including military interventions, judicial activism, and constitutional amendments. The 18th
Amendment marked a significant step towards federalism and democratic stability. However, political
conflicts continue to shape the country’s constitutional future.

1. General Overview
 Feature 1956 Constitution 1962 Constitution 1973 Constitution
Promulgation Date 23rd March 1956 1st March 1962 14th August 1973
Political System Parliamentary Presidential Parliamentary
Head of State President (Ceremonial) President (Powerful) President (Ceremonial)
Head of
Prime Minister President Prime Minister
Government
Unicameral (National Unicameral (National Bicameral (National Assembly &
Legislature
Assembly) Assembly) Senate)
Declared Pakistan as an "Islamic Islam recognized but Islam as state religion with
Status of Islam
Republic" limited role detailed provisions
Fundamental
Guaranteed Limited Guaranteed
Rights
Provincial Stronger than previous
Strong Weak
Autonomy constitutions
Judicial
Recognized Limited Recognized
Independence