Introduction and Background
The Constitution of 1956 was the first formal Constitution of Pakistan and represented the
culmination of nearly a decade of political debate and constitutional struggle following
independence. It was adopted on 29 February 1956 and came into force on 23 March 1956; the
day Pakistan officially became the Islamic Republic of Pakistan. Before this, Pakistan had been
governed under the Government of India Act, 1935, which was adapted as an interim constitution
through the Independence Act of 1947. The 1935 Act provided only a colonial administrative
structure and failed to reflect the new nation’s Islamic and democratic aspirations. The 1956
Constitution was Pakistan’s first indigenous effort to establish a framework of government that
reflected the ideals of the Objectives Resolution of 1949, combining Islamic principles with
modern democratic institutions. It declared Pakistan a Federal Republic, introduced a
parliamentary system of government, and recognized Islam as the state religion. The Constitution
consisted of 234 Articles divided into 13 Parts and 6 Schedules. It remained in force until 7 October
1958, when it was abrogated following the declaration of Martial Law by President Iskander Mirza
and General Muhammad Ayub Khan.
Historical Development Leading to Its Formation
The making of Pakistan’s first Constitution was a long and complex process, deeply affected by
political instability, administrative weaknesses, and regional divisions. Upon independence in
1947, Pakistan inherited no clear constitutional mechanism for governance. The first Constituent
Assembly, formed in August 1947, was entrusted with the task of drafting a new constitution.
However, the early years were dominated by urgent issues such as refugee rehabilitation, economic
management, and integration of princely states. Political attention was diverted from constitution-
making. In March 1949, the Assembly adopted the Objectives Resolution, which laid down the
ideological foundations of the future constitution. It declared that sovereignty belongs to Allah,
and authority is to be exercised by the people within the limits prescribed by Him. It emphasized
democracy, equality, freedom, and social justice as the guiding principles of the new state. The
Resolution also stated that Muslims would be enabled to live according to the teachings of Islam,
while minorities would be free to practice their faiths.
The process of constitution-making was further delayed by deep political differences between East
and West Pakistan. East Pakistan (now Bangladesh) had a larger population but felt
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underrepresented in national institutions. Disputes arose over the structure of representation, the
role of Islam, and the distribution of powers between the center and the provinces. The Basic
Principles Committee, established in 1949, produced several drafts, but all faced rejection due to
these disagreements. Political instability worsened after the death of Liaquat Ali Khan in 1951,
and the dissolution of the first Constituent Assembly by Governor-General Ghulam Muhammad
in October 1954 further disrupted progress. The Federal Court, in the famous Maulvi Tamizuddin
Khan case (1955), upheld the dissolution, marking a setback for parliamentary sovereignty. A
second Constituent Assembly was formed in 1955 under Governor-General Iskandar Mirza. This
Assembly succeeded in reaching compromises on contentious issues, leading to the final draft of
the Constitution, which was adopted in February 1956 and promulgated the following month.
Role and Composition of the Constituent Assembly
The second Constituent Assembly, responsible for drafting the 1956 Constitution, comprised
representatives from both East Pakistan and West Pakistan. It consisted of 80 members drawn from
the central and provincial legislatures. The Assembly’s main task was to reconcile conflicting
regional, political, and ideological interests. The leadership of Chaudhry Mohammad Ali, who
became Prime Minister in 1955, was crucial in bringing together differing opinions and finalizing
the constitutional framework. The Assembly worked through specialized committees, including
the Basic Principles Committee and the Drafting Committee, to prepare detailed proposals.
The principle of parity between East and West Pakistan became the central feature of the
constitutional arrangement. Despite East Pakistan having about 56% of the total population, it was
agreed that both wings would have equal representation (150 seats each) in the National Assembly.
This compromise aimed to preserve national unity and prevent either region from dominating the
other. The Assembly also incorporated Islamic provisions in response to public demand and to
fulfill the vision of the Objectives Resolution. The adoption of the Constitution by the Assembly
on 29 February 1956 represented Pakistan’s first major achievement in establishing its
constitutional identity.
Objectives and Guiding Principles
The Preamble of the 1956 Constitution, based on the Objectives Resolution, reflected Pakistan’s
ideological and moral foundation. It began with the declaration that sovereignty over the entire
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universe belongs to Allah Almighty, and that the authority of the people of Pakistan is a sacred
trust to be exercised within divine limits. It reaffirmed that Pakistan would be a democratic state
based on Islamic principles of social justice and that the state would ensure freedom, equality,
tolerance, and social justice as enunciated by Islam. The Preamble also guaranteed the
independence of the judiciary, fundamental rights for all citizens, and freedom of religion for
minorities. Furthermore, it emphasized the federal character of the state, ensuring autonomy for
provinces within constitutional limits. It sought to build a nation that would “attain its rightful
place among the nations of the world” and contribute to international peace and progress. Thus,
the Constitution’s objectives combined the ideals of Islam with democratic and humanistic
principles.
Structure of the Government
The 1956 Constitution established a Federal Parliamentary System like the British model. The
President was the Head of State, while the Prime Minister was the Head of Government and held
executive power.
The President was elected by an electoral college comprising members of the National and
Provincial Assemblies for a five-year term. He had to be a Muslim, at least forty years old, and
qualified to be a member of the National Assembly. The President’s powers were mostly formal,
but he could dismiss the Prime Minister if the latter lost the Assembly’s confidence. The Prime
Minister was appointed by the President but had to command majority support in the National
Assembly. The Prime Minister was assisted by a Cabinet of Ministers, collectively responsible to
the Assembly.
The Parliament, called the National Assembly, was unicameral and consisted of 300 members,
equally divided between East and West Pakistan, with an additional 10 seats reserved for women
(five from each wing) for ten years. The National Assembly was responsible for making laws,
approving the budget, and supervising the executive.
The Judiciary was independent and comprised the Supreme Court and High Courts in the
provinces. The Chief Justice of Pakistan was the head of the judiciary. The Supreme Court had
original jurisdiction in constitutional matters, including the protection of Fundamental Rights. The
Constitution clearly stated that “the independence of the judiciary shall be fully secured.”
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Fundamental Rights
Part II of the 1956 Constitution guaranteed a comprehensive list of Fundamental Rights. These
included:
Equality before law and equal protection (Article 5).
Protection of life and liberty (Article 5).
Freedom of speech and expression (Article 8).
Freedom of assembly and association (Articles 9 and 10).
Freedom of movement and residence (Article 11).
Right to property (Article 15).
Freedom of religion and education (Articles 13–18).
Freedom from discrimination on grounds of race, religion, caste, or sex (Articles 14–17).
Abolition of slavery and forced labor (Article 16).
Right to constitutional remedies through the Supreme Court (Article 22).
These rights were enforceable by the Supreme Court and could not be suspended except during
emergencies. The inclusion of these rights reflected the Constitution’s commitment to the rule of
law, individual liberty, and social justice, aligning with both Islamic teachings and international
human rights principles.
Federal System and Provincial Relations
The Constitution established a federal structure with two main provinces: East Pakistan and West
Pakistan. Each province had its own Governor, Provincial Cabinet, and Legislative Assembly.
Legislative powers were divided among three lists:
1. Federal List, covering defense, foreign affairs, currency, and communication.
2. Provincial List, including education, health, agriculture, and local government.
3. Concurrent List, including criminal law, marriage, and contracts, where both the central
and provincial governments could legislate. In case of conflict, federal law prevailed.
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This arrangement was meant to preserve national unity while granting autonomy to provinces.
However, the principle of parity meant that both wings had equal representation despite unequal
populations, which created dissatisfaction in East Pakistan. Financial powers were also centralized,
as the federal government controlled major sources of revenue. This imbalance became one of the
major causes of political conflict between East and West Pakistan.
Weaknesses and Reasons for Failure
Despite its comprehensive structure, the Constitution of 1956 suffered from critical weaknesses.
It took nine years to frame, leading to political fatigue and loss of public confidence. The principle
of parity alienated East Pakistan, whose population was much larger than West Pakistan’s. The
parliamentary system proved unstable because of factional politics, weak party discipline, and
frequent changes of government. Between 1956 and 1958, Pakistan saw several Prime Ministers
dismissed or replaced within short periods. The President retained the power to dissolve the
National Assembly, creating executive dominance over the legislature. The Constitution also failed
to restrain the military and bureaucracy, both of which had become powerful actors in state affairs.
Political instability, administrative inefficiency, and regional grievances ultimately undermined the
constitutional system.
Abrogation and Historical Significance
On 7 October 1958, President Iskander Mirza, with the support of General Muhammad Ayub Khan,
abrogated the Constitution, dissolved the national and provincial assemblies, and declared Martial
Law throughout Pakistan. Within days, Ayub Khan ousted Mirza and assumed control as Chief
Martial Law Administrator. The abrogation ended Pakistan’s first attempt at parliamentary
democracy. However, the 1956 Constitution retained historical importance. It declared Pakistan a
Republic, established Islam as the state religion, and set out a framework for fundamental rights
and federalism. It represented the country’s first indigenous constitutional experiment, reflecting
the people’s aspiration for an Islamic yet democratic order.
Legacy and Impact
The legacy of the 1956 Constitution lies in its influence on subsequent constitutional
developments. It was Pakistan’s first attempt to merge Islamic principles with modern
constitutional democracy. Although it failed due to political instability, it provided the foundation
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for the 1962 Constitution, which introduced a presidential system under Ayub Khan. Later, the
1973 Constitution revived the parliamentary model, reaffirmed fundamental rights, and adopted
many features of the 1956 framework, including federalism, an Islamic state identity, and judicial
independence. The 1956 Constitution thus stands as a milestone in Pakistan’s constitutional
evolution. It marked the beginning of the search for a political system that could harmonize Islamic
ideals, democracy, and federal unity within a diverse society.