I.

Introduction
o Constitution is the set of principles which organizes a state.
o Modern nation-states indispensably formulate their constitutions.
o Pakistan formulated its first constitution in 1956 which was abrogated by Sikander
Mirza in 1958.
o The second constitution was drafted in 1962 in the era of Ayub Khan which was
abrogated in 1969.
o The current constitution governing the state of Pakistan was formulated by the elected
government in 1973.
II. Islamic Provisions of the Constitutions
o 1. Objective Resolution – A preamble:
 Resolution adopted by the Constituent Assembly on March 12, 1949 –
Constitution of Pakistan would be based on Islamic democracy.
 Liaqat Ali Khan called it the most important occasion after the Independence.
 It was adopted as the preamble to the constitutions of 1956, 1962 and
1973.
 It was made substantive part of the constitution by the Regime of Zia-
ul-Haq through 8th amendment.
 Objective Resolution is grundnorm of Constitution (Asma Jillani Case)
o 2. Sovereignty of Allah
 All constitutions enshrined in them the sovereignty of Allah in its entirety.
 Allah is the source of all authority who delegated it to the state of Pakistan
through its people.
 Rejection of western notion of liberal-secular democracy.
 Enshrined the principles of Islamic democracy as envisioned by the philosophy
of Allama Iqbal.
o 3. Islamic Republic of Pakistan
 All constitutions declared the country to be Islamic Republic of Pakistan.
 However, the Constitution of 1956 did not declare Islam as the state religion.
 The subsequent constitutions articulated in them Islam as the state religion.
o 4. Muslim head of State
 The head of the state directing Islamic Principles must be a Muslim.
 1962: required the president to be the Muslim.
 Spoiler: There was no mention of the PM due to Presidential System. It
was drafted under the rule of Gen. Ayub Khan.
 1973: required both President and PM to be Muslims.
o 5. Islamic Way of Life
 Steps were to be taken to enable Muslims to order their lives, individually and
collectively, according to Islamic values.
o 6. Supremacy of Islamic Law
 No law shall be enacted that is repugnant to Islamic code set out in Quran and
Sunnah.
 All existing laws should be brought in conformity with the Islamic junctions.
o 7. Organization of Zakat and Waqf
  1962 and 1973: stipulated that the organization of Zakat and Waqf must be
ensured.
 Economic system to be brought under Islamic influence.
 1956: there was no such provision that abolished Riba.
 These provisions attempted to ensure the circulations of wealth.
 These were inspired by ZAB’s Islamic Socialist ideals in the constitutions of 1973
and later made more pronounced under Islamization program of Gen. Zia ul
Haq.
o 8. Islamic Advisory Council
 1956: The commission for Islamic Recommendation to verify existing laws
under Islamic junctions and recommendations.
 1962:
 I: Advisory Council of Islamic Ideology
 Ii: Islamic Research Institute
 1973: Council of Islamic Ideology
o 9. Teachings of Quran and Arabic
 1962: Made teachings of Quran and Islamiyat to the Muslims of Pakistan
compulsory.
 1973: Added teaching Arabic and correct printing and publishing of Quran to the
above list.
o 10: Definition of Muslim
 1956 and 1962: lacked the definition of Muslim
 1973: A person who believes in the unity and oneness of Allah and in the
absolute and unqualified finality of the prophethood of Muhammad (P.B.U.H)
following the Ahmadiyyah issue.
o 11. Friendly Relations with Muslim States
 All constitutions mentioned to endeavor to strengthen the bonds of unity
amongst Muslim countries.
o 12. Prevention of morally repugnant activities
 Gambling
 Consumption of alcohol
 Printing and publication of pornography
 Display of obscene literature

Federalism under 1956, 1962 and 1973 Constitutions

Focus on pre-18th amendment system

I. Introduction
o Federalism refers to a compound form of government, combining central government
with regional governments in a single political system.
o In federalism, center is weaker than in Unitary System.
o Central government has more powers than in a Confederation.
II. Federal Aspects under 1956 Constitution
 o 1. Unicameral Legislature: One Unit Policy (M. Ali Bogra: 1954-1970)
o 2. All-powerful Center: Unilateral declaration of emergency in Provinces.
o 3. President elected by an Electoral College
o 4. Judiciary had the power of Judicial Review
o 5. Urdu and Bengali both made national languages.
o 6. Under the leadership of Chaudhary Muhammad Ali, the Constituent Assembly
adopted the constitution of 1956.
III. Federal aspects under 1962 Constitution
o 1. Constituent Units:
 One-Unit policy continued.
 However, the natural division demanded into at least four units in the West
Pakistan.
o 2. Strong Center:
 Provinces had nominal powers with respect to the center. The Constitution
enumerated the powers of the central government while the rest of the powers
were given to the provinces (Residuary powers rested with the provinces).
o 3. Unicameral Legislature
 There was no upper house I.e., Senate in national or provincial legislatures.
 The principle of parity was in contradiction to the principle of representation on
the basis of population.
 It resulted into ethno-provincial tensions between the provinces.
o 4. Presidential System with Strong Chief Executive
 Strong President
 Power to appoint governors in provinces
 Power to dissolve National Assembly
 Veto Power over the Legislature
 In 1962, when Gen. Ayub Khan enforced his constitution upon
Pakistan’s people, Jalib wrote his famous poem Dastoor (Constitution)
IV. Federal Aspects under 1973 Constitution
o 1. List of Subjects
 One-Unit abolished with the fall of Dhaka.
 Federal list: subjects upon which Federal legislature could legislate.
 Concurrent list: subjects upon which both Federal and Provincial legislatures
could legislate.
 In case of dispute, federal legislature prevailed.
o 2. Council of Common Interest: (CCI not to be confused with CII)
 Resolved the disputes of power sharing between center and provinces.
 Consists of
 Prime Minister
 Chief Ministers and
 3-members to be nominated by PM
 It is mandatory for the council to meet after ninety days (After 18th
amendment).
o 3. Bicameral Legislature
  Senate was enumerated in the national legislature.
 Senate: Principle of Parity
 National Assembly: Principle of Population
o 4. Parliamentary System (Later almost presidential?)
 Offices of the President and the PM
 The President as the Head of the State and the Prime Minister as the Head of
the Government.
 The President, against Federalist spirit, had vast executive powers, especially
after 8th amendment which inserted the notorious Article 58 (2)(b) by Gen. Zia-
ul-Haq. The President could also unilaterally enforce emergency in any province.
 This vastly disrupted the parliamentary-cum-federalist spirit.