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Evolution of Pakistan's Constitution

This document discusses the constitutional development of Pakistan over time. It begins with a brief overview of Pakistan's first constitution in 1947 and its origins from the British system. It then discusses the key phases in constitutional evolution, including the 1956 constitution, the impact of the division of East and West Pakistan in the 1970s, and the current 1973 constitution which established Pakistan as a federal republic with Islam as the official religion. The document also examines the process of drafting early Pakistani constitutions and some of the major provisions within them, such as establishing Urdu as an official language. It analyzes factors that have challenged constitutional stability such as political instability, military interventions, and the country's division. In conclusion, it notes that the 1973 constitution has

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HunZilah ShEikh
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37 views7 pages

Evolution of Pakistan's Constitution

This document discusses the constitutional development of Pakistan over time. It begins with a brief overview of Pakistan's first constitution in 1947 and its origins from the British system. It then discusses the key phases in constitutional evolution, including the 1956 constitution, the impact of the division of East and West Pakistan in the 1970s, and the current 1973 constitution which established Pakistan as a federal republic with Islam as the official religion. The document also examines the process of drafting early Pakistani constitutions and some of the major provisions within them, such as establishing Urdu as an official language. It analyzes factors that have challenged constitutional stability such as political instability, military interventions, and the country's division. In conclusion, it notes that the 1973 constitution has

Uploaded by

HunZilah ShEikh
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

Pakistan Studies

Assignment

Constitutional Development

Group members:
Umair Asghar

Mir Hamza

Muhammad Asad

Muhammad Hassan

Muhammad Hunzilah Ahmad

Department of Electrical Engineering

Pakistan Institute of Engineering and Applied Sciences

Nilore, Islamabad
Table of Contents
Constitutional Development .................................................................................................................. 3
1. Introduction ........................................................................................................................................ 3
2. The need for a constitution in Pakistan in 1947................................................................................ 4
3. The making of the Pakistani Constitution ......................................................................................... 4
4. The evolution of the Pakistani Constitution...................................................................................... 5
5. Conclusion .......................................................................................................................................... 6
Constitutional Development

The Pakistani Constitution has a long and complicated history. It has been amended, changed,

and adapted many times in the 71 years since it was originally written. In this assignment, we

will take a look at how the constitution has changed over time and the reasons for these changes.

We will also explore how the constitution has shaped Pakistan into the country it is today.

The Constitution of Pakistan is the supreme law of Pakistan. Passed by the Constituent

Assembly on 10 August 1947, it came into effect as a result of the Independence of Pakistan

on 14 August 1947. The Constitution establishes the structure, procedures, powers and duties

of the government of Pakistan and vests sovereignty in the people of Pakistan.

Pakistan’s Constitution underwent a number of phases as it was drafted, adopted and eventually

enforced. The first and longest stage of this process took place between 1947 and 1956. Then

there is another phase of 1962 constitution. The 1973 Constitution of Pakistan set out the

country as a federal republic, with Islam as its official religion. The document has been

amended several times since its ratification, most notably in 2010 when a new article was added

to allow the Pakistani military to intervene in civilian governance under certain circumstances.

Here we will look at the different phases that the Pakistani Constitution has undergone, and

how they have affected different aspects of Pakistani society.

1. Introduction

The Pakistani Constitution has been amended and changed many times since it was first written

in 1947. After gaining independence from British rule, Pakistan had to rapidly create a

constitution in order to establish a functioning government. This first constitution was heavily
influenced by the British system, and granted a large amount of power to the central

government.

The first Pakistani Constitution was drafted in 1947, just after the Partition of India. This

Constitution was based on the Government of India Act 1935, which was used to govern British

India. The first Pakistani Constitution was very short, and consisted of just 116 articles.

Since then, the Pakistani Constitution has been amended and revised many times. The most

significant changes were made in the 1970s, after the country was divided into East and West

Pakistan. The Constitution of 1973 is considered the most important document in Pakistani

history, as it laid the foundation for democratic rule.

2. The need for a constitution in Pakistan in 1947

Pakistan is a country that is in dire need of a constitution. For the past several years, the nation

has been without an official document that lays out the rights and responsibilities of its citizens.

This has led to much unrest and violence, as different groups within Pakistani society fight for

supremacy. A constitution would provide a framework for the people of Pakistan to live by,

guaranteeing certain rights and protections to all. It would also help to promote stability within

the country, which is desperately needed.

3. The making of the Pakistani Constitution

After nine years-long struggle, the 1956 Constitution, the first-ever constitution of the state,

was made. The country was named as the Islamic Republic. The Constitution was consisting

of 234 Articles, having 13 divisions and 6 agendas. Salient Points of the constitution were as

under:
i. President was elected through national and provisional assemblies of Pakistan.

Moreover, it was decided that only Muslims will have the right to become the

president of Pakistan.

ii. Equal seats were given to both wings of Pakistan i.e. West and East.

iii. The two-third majority was mandatory to pass any bill and amend the Constitution.

iv. Urdu, along with English, was declared the official language of Pakistan. It was

also decided that within a limited time, all documents will be translated into Urdu.

v. The 1956 Constitution was silent regarding conducting of elections both for the

Central and the Provincial legislatures

vi. It was decided that provinces will have the right to work and plan for their

development and the federal government will not interfere in their matters

vii. It was also decided that the judiciary will be considered supreme and will be free

from all kinds of pressures.

viii. The legislation will be done while keeping in view Islamic laws or orders given by

Almighty in the Holy Quran and they will be also incorporated

4. The evolution of the Pakistani Constitution

Three principal factors have been named as root causes of the difficulties that have faced the

constitution-makers in Pakistan since the very inception of the State. The present regime puts

the blame squarely on the shoulders of the legislators of the past. Another school of thought,

which has increased in volume, holds the geographical division of the country responsible.

Others stress the religious issue of the Islamic State. The observer on the spot was able to

distinguish some well-sheltered, well entrenched, but impish force that allows the lawyer-

politicians to wrangle about not greatly relevant issues, yet, whenever they settle down to the

serious business of government, it appears, shoots a quick and deadly accurate arrow, and
withdraws again. It happened in I954, when the first Constituent Assembly was dissolved, not

because it failed to produce a Constitution, but because it was about to produce one.4 It

happened again in I958, not because the Constitution of I956 was unworkable, but because it

was to be fully implemented by the first elections to be held in the country.

In conclusion, it cannot be held that the \Vestminster system of parlia mentary government

has failed in Pakistan. It is the system the people understand and have come to regard as their

own. Indeed for them demo cracy and Parliament are interchangeable terms.1 There should

have been a provision in the Constitution of 1956 making it clear how soon after its

promulgation general elections would have to be held. There certainly should have been a

provision stopping the frequent crossing of the floor. If ever the people of Pakistan regain their

political freedom they are likely to remember that democracy perished in 1958 as a result of

structural faults in the organization of the political parties. Legislation that would discourage

splinter parties and encourage regular and contributing mem bership and solid organization

in the districts is certainly called for. The adoption, as in the Constitution of Ceylon, of the

constitutional conven tions of the United Kingdom has proved successful. It has to be

admitted, however, that the Presidential prerogative cannot be entirely dispensed with at

present, although an examination of its legitimate use might well fall within the competence of

a revived system of judicial review

5. Conclusion

Pakistan out of 71 years of age experienced five military dictators for about 36 years. 49 Heads

of State or Heads of Department took2 an oath to reign the country. Only during early eleven

years, 12 Heads of State or Heads of Departments3 administered the oath to run the
government. Two sitting and former prime ministers4 were assassinated, while one prime

minister was hanged.5 Three sitting prime ministers were declared disqualified by the court.6

East Pakistan was also separated due to political instability. About eight times, constitutional

assemblies were dissolved. About three to four times Constitutions were abrogated or

suspended. These constitutions with number of amendments highlight political instability in

the history of Pakistan. During the first ten years of history from 1947 to 1956, it was the

weakness of the political players which invited the military to interfere in politics. Overall, the

transformation took place peacefully. Besides other factors, a mature, developed, and intact

constitution plays major role in order to maintain the political stability in a state. 25

amendments have been incorporated in the Constitution of 1973, and now it has been mature

enough and developed to an extent that for the last ten years smooth and democratic shift of

government has happened.

Common questions

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The dissolution of Pakistan's first Constituent Assembly in 1954 disrupted the constitutional development process significantly. The assembly was dissolved just as it was about to produce a constitution, highlighting the political power struggles of the time. This action delayed the establishment of a concrete legal framework for the country, fostering an environment of uncertainty and power vacuums which military regimes later exploited. It also symbolized the challenges faced in achieving a stable parliamentary system and revealed deep-rooted issues related to the power dynamics and authority within Pakistan's political landscape .

Military rule has significantly influenced Pakistan's constitutional and political framework, often stalling democratic progress and leading to frequent amendments to the constitution. Military regimes typically justified their takeovers by citing the failure of civilian governments to maintain order. These regimes have altered constitutional provisions to secure their hold on power, undermining the autonomy of civilian institutions and delaying the development of a stable political culture. The tendency to replace democratically elected systems with military governance has entrenched a cycle of instability, impacting the overall development of a coherent and consistent constitutional structure .

The geographical division of Pakistan into East and West Pakistan (now Bangladesh) was a significant factor complicating constitutional development. The unequal representation and dominance of one region over the other created political tensions and a lack of trust between the two regions. These tensions contributed to instability and ultimately led to the secession of East Pakistan in 1971. The division emphasized the need for a constitution that balanced power between different regions and addressed the unique needs of diverse populations, which was a persistent challenge throughout Pakistan's constitutional history .

The need for constitutional amendments in Pakistan has been persistent due to a number of factors including political instability, military interventions, and evolving societal needs. The constitution needed to adapt to changing circumstances and rectify structural issues that were often politically motivated, leading to shifts in power dynamics. Moreover, amendments were necessary to address previous constitutional oversights, such as the lack of clarity on the timing and conduct of elections, and to incorporate measures that could help deter political crises and appease various political entities .

The 2010 provision allowing military intervention in civilian governance has significant implications for Pakistan's political environment. While it ostensibly ensures stability during crises, it could undermine the democratic process by providing a legal basis for military interference in politics, potentially leading to an erosion of civil power and authority. This clause echoes previous periods of military dominance in Pakistan, seen as a step back from democratic progress and complicates the separation of powers that is crucial for a robust democratic system .

Political instability in Pakistan has significantly impacted the process of constitutional reform, often resulting in frequent amendments and interruptions in democratic governance. The instability, caused by power tussles between political parties, military interventions, and regional conflicts, led to multiple restructurings of the constitution in an attempt to stabilize governance. Such conditions have resulted in reactive rather than proactive constitutional reforms, undermining long-term stability. This instability has also impeded the establishment of consistent legal and political frameworks necessary for effective governance .

Early constitutions in Pakistan lacked clear provisions for the timing of general elections, which contributed to political uncertainty and instability. The absence of a fixed electoral timetable meant that elections were often delayed, allowing incumbent governments to prolong their rule indefinitely. As a result, the lack of timely elections weakened democratic practices and allowed military regimes to justify their interventions as necessary to restore order and governance. Ultimately, this deficiency highlighted the need for clearer constitutional mandates to ensure regular democratic transitions .

In Pakistan's early constitutions, the judiciary was intended to be an independent and supreme body, free from political pressures and interference. However, in practice, its role evolved as military regimes and political instability affected its functioning. Over time, constitutional amendments and political dynamics have reshaped judiciary powers, often embroiling it in the political tug-of-war between the military and civilian governments. The judiciary's consistent challenge has been to maintain its independence while being a mechanism for enforcing constitutional frameworks amid altering amendments influenced by shifting political powers and interests .

The Westminster system of parliamentary government, familiar and regarded as democratic by Pakistanis, has faced various challenges. Its implementation has often been marred by political instability, factionalism, and the frequent dissolution of assemblies. These issues are often attributed to structural faults in political party organization and frequent military coups that have disrupted civilian governance. The challenges highlight a struggle to adapt the system effectively within Pakistan's unique socio-political context, where democratic traditions are still being solidified .

The 1973 Constitution of Pakistan was instrumental in establishing Pakistan as a federal republic, a shift from earlier constitutions which granted significant power to the central government. It declared Islam as the official religion of Pakistan, further cementing its identity as an Islamic state. This constitution represented a compromise between various factions within Pakistan, aiming to stabilize the political landscape. It included provisions for a parliamentary system and aimed to enshrine democracy after years of military influence .

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