Pakistan Affairs

Monday, November 13, 2023 1

 Sequence
 Constitutions of Pakistan

i. 1956

ii. 1962

iii. 1973

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 Nature of State
Federal State Unitary State
 All powers are devolved to the  Powers are delegated to the
federating units federating units

 Center is weak  Center is strong

 Examples: Pakistan, the US,  Examples: France, the UK,

etc etc.

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 Background
 One of the most uphill task for the newly created Pakistan was the
framing of its comprehensive Constitution. Both India and
Pakistan at their birth adopted Government of India Act of 1935
with essential amendments as the interim constitution i.e.
Parliamentary and Federal in nature.
 Quaid-e-Azam with his vast and strong background of handling
legal matters took up this problem with urgency however gravity
of other issues compelled him to pay his attention to other
matters which delayed this important process of constitution
making.
Monday, November 13, 2023 Pakistan Affairs 6
 Measures Taken by Jinnah
 Appointed the first constituent assembly of Pakistan in
August 1947 :
1. 69 members elected in 1945-46 election.
2. 10 members were included from princely states.
 Dual responsibility of acting as the federal legislature and
constituent assembly.
 The members however lacked the essential requisites of
high competence, commitment and political experience.
 Even though Jinnah wanted to improve this situation but
his early demise in 1948 struck another blow to fledgling
Pakistan.
Monday, November 13, 2023 Pakistan Affairs 7
 Liaquat Ali Khan and Objectives
Resolution of 1949
 Objectives resolution was passed on 12th March 1949
while Liaquat Ali Khan was the Prime Minister and
Khawaja Nazimuddin was the 2nd Governor General at
the time.

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Main Features of Objective Resolution
 Sovereignty of Allah
 Democracy: Elected representation
 Federal Republic based on Islamic Principles, justice, equality and
tolerance with an independent judiciary plus protection of
minorities
 Muslim way of life according to teachings of Quran and Sunnah
 After sharp criticism by religious scholars a basic principles
committee was setup to review the recommendations however the
report was subject to widespread criticism over its
recommendations in East and West Pakistan.
 Political crisis developed as the Prime Minister Liaquat Ali Khan
was assassinated in 1952, after a three year delay general elections
were held on 21st June 1955. Assembly met on 7th July 1955. Finally
the first constitution was promulgated by the second constituent
assembly on 23rd March 1956.

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 The One Unit
 The One Unit was a geopolitical program launched by the
government of Pakistan led by then-Prime Minister Muhammad
Ali Bogra on 22 November 1954. The program was believed to be
enacted after the government faced difficulty of administrating
the two unequal polities of Pakistan separated from each other
by more than a thousand miles.
 To diminish the differences between the two regions, the
program merged the Four Provinces of West Pakistan into a
single province as was the case with East Pakistan (now
Bangladesh).
 Pakistani scholars and researchers maintain that the One Unit
program was viewed as a counterbalance against the political and
population domination of the ethnic Bengali population of East
Pakistan. The One Unit program was met with great resistance
and grievances from the Four Provinces since its establishment,
and it remained in effect until 1970.
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 Constitution of 1956
 Pakistan was to be federal republic based on Islamic Ideology.
 A detailed and comprehensive list of fundamental rights with an
Independent Judiciary was provided in the constitution.
 The system of the parliamentary form of government was adopted
both at the Centre and in the provinces.
 There was distribution of powers between the Centre and the
provinces.
 The constitution provided for Pakistan, wherein equality between
East and West wings had been maintained.
 For the distribution of subjects between the center and the
provinces, three lists of subject had been drawn up.
 Unicameral Legislature: The legislature would consist of a single
house. Both the wings of the country were given representation in
the National Assembly. The National Assembly consisted of 300
members. 150 members were drawn from each wing.
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 Constitution of 1956
 There was a special procedure to be adopted for the amendment
of the constitution, yet it was the least rigid constitution. It was
reasonably flexible.
 It had provided for two National languages Urdu for the West
Pakistan and Bengali for the East Pakistan.
 Instead of double citizenship, one citizenship system was provided
for the Federation of Pakistan.
 The constitution was silent as to be method of conducting
elections both for the Central and the Provincial legislatures.
 And finally, there were the Islamic characters of the constitution.

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 Constitution of 1956
Main Features:
 Name: Islamic Republic of Pakistan
 234 articles divided in 13 parts
 Parliamentary Republic in Nature
 President to be a Muslim
 President to be elected by National Assembly and Provincial Assemblies
 President to appoint Prime Minister and Cabinet elected by the National
Assembly
 Equal seats for East and West Pakistan in the legislative Assembly
 President could dissolve National Assembly on the advice of the Prime Minister
 2/3rd majority required to pass any bill and amend the constitution.
 Principles of provincial autonomy and independence of judiciary were also
incorporated.
 Islamic provisions that guaranteed legislations of laws in accordance of Islamic
injunction.
 However this constitution was opposed by Sikander Mirza for its Islamic
provisions and provincial autonomy. The martial law was imposed after two and
an half years on 7th October 1958.

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Islamic Provisions of Constitution of 1956
i. Islamic Republic of Pakistan - The name of the country was
adopted as the Islamic Republic of Pakistan.
ii. Objectives Resolution - Included as preamble to the
constitution.
iii. Islamic Law - No Law would be passed against the teachings
of the Quran and Sunnah, and existing laws would be made
Islamic in character.
iv. Muslim President - a requirement.
v. Religious Freedom - Freedom to profess, practice and
propagate any religion and the right to establish, maintain
and manage religious institutions.
vi. Life According to the Holy Quran and Sunnah- According to
the directive principles, steps were to be taken to enable the
Muslims of Pakistan individually and collectively to order
their lives in accordance with the Holy Quran and Sunnah.
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Islamic Provisions of Constitution of 1956
vii. Teachings of the Holy Quran - Were to be made compulsory
for all Muslims.
viii. Slavery and forced labour were prohibited.
ix. Alcohol and narcotics - sale was banned and were prohibited.
x. Prostitution - was prohibited.
xi. Special tax - No person should be compelled to pay any
special tax whose proceeds were to be spent on the
propagation of any religion other than the person's own.
xii. Unity among Muslim countries - States were required to
strengthen the bonds of Muslims.
xiii. Organization for Islamic Research and Instructions - The
president was required to set up an organization for Islamic
Research and Instruction in advanced studies to assist in the
reconstruction of Muslim society on a true Islamic basis.
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Military Generals prefer Presidential Form of Constitutions

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 Constitution of 1962
 General Ayub Khan wanted to introduce a controlled
and limited democracy as he believed that western style
democracy did not suit Pakistan. Therefore he
introduced the constitution of 1962 on 1st March thereby
abrogating the previous constitution.
 Main Features of 1962 Constitution :
 Presidential form of Government.
 Basic Democracy
 Principle of maximum provincial autonomy, equality of
mankind, independence of judiciary, rights of minorities.
 Islamic advisory council was constituted to advise govt.
over Islamic law making.

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 Constitution of 1962
 Title of the State will be Islamic Republic of Pakistan.
 A Powerful President who was responsible for administration
and affairs of the state. He should be a Muslim, no less than
40 years of age, should be capable to be a member of NA. He
would be elected through not direct elections for a time of
five years. If he has held office for more than 8 years, he
could look for reelection with the support of the NA and the
PAs. National Assembly was given the power to charge the
president, however it was difficult to achieve. President could
dissolve the NA but in that case he must seek re-election.
 President was the central point of all the Executive,
Legislative and Judicial powers. Cabinet was responsible to
him. All key appointments were to be made by President. He
could issue Ordinances. He could also announce State of
Emergency in the country.
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 Constitution of 1962
 NA was consisted of one house on the basis of principle
of parity between two wings of the country. There were
150 seats plus 6 seats were reserved for women. All were
elected indirectly. For the membership minimum age
limit was 25 years.
 NA had all the powers of law making but law was to be
finally ratified by the president. President could sign,
reject or return the bill.
 Financial Powers of NA were limited. Only new expenses
could be voted. NA could not reject join Fund List and
Recurring Expenditure.
 There were two provinces of the federation: East
Pakistan and West Pakistan. Only one list of subjects, i.e.
the Central list Pakistan
Monday, November 13, 2023
wasAffairs
given in the constitution. 19
 Constitution of 1962
 Governors were head of the provinces and govern the
province with his cabinet. Provincial governments were
directly under the control of President. There was a
strong center with a Powerful President. He had enough
powers to manage provincial affairs. In case of
emergency powers Central government could take direct
control of the province.
 Principles of Policy
i. National solidarity would be observed.
ii. Interests of backward people would be looked after.
iii. Opportunities for participation in national life.
iv. Education and well being of people.
v. Islam would be implemented in day to day life.

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Islamic Provisions of Constitution of 1962
i. The preamble of the Constitution of 1962 was based on the
Objectives Resolution.
ii. The Constitution laid down simply that the state of Pakistan shall
be an Islamic republic under the name of Islamic Republic of
Pakistan'.
iii. According to the principles of policy, steps were to be taken to
enable the Muslims of Pakistan individually and collectively, to
order their lives in accordance with the fundamental principles and
basic concepts of Islam, and should be provided with facilities
whereby they may be enabled to understand the meaning of life
according to those principles and concepts.
iv. No law shall be enacted which is repugnant to the teachings and
requirements of Islam as set out in the Qur'an and Sunnah and all
existing laws shall be brought in conformity with the Qur'an and
Sunnah.
v. Only a Muslim could be qualified for the election as President.
vi. Teaching of the Quran and Islamiyat to the Muslims of Pakistan
was made compulsory.
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Islamic Provisions of Constitution of 1962
vii. Proper organization of Zakat, waqf, and mosques was ensured.
viii. Practical steps were to be taken to eradicate what were seen as
social evils by Islam, such as the use of alcohol, gambling, etc.
ix. A novel Islamic provision in the 1962 Constitution had introduced
an 'Advisory Council of Islamic Ideology' to be appointed by the
President. The functions of the Council was to make
recommendations to the Government as to means which would
enable and encourage the Muslims of Pakistan to order their lives
in accordance with the principles and concepts of Islam and to
examine all laws in force with a view to bring them into conformity
with the teachings and requirements of Islam as set out in the
Qur'an and Sunnah.
x. There shall be an organisation to be known as Islamic Research
Institute, which shall be established by the President. The function
of the Institute was to undertake Islamic Research and Instruction
in Islam for the purpose of assisting in the reconstruction of
Muslim society on a truly Islamic basis.
xi. The state should endeavour to strengthen the bonds of unity
among Muslim countries.
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 Comparison Between 1956 & 1962 Constitutions
1956 Constitution 1962 constitution
Form of Government: Constitution of 1962 introduced
Constitution of 1956 introduced presidential form of Govt.
parliamentary form of Govt.
Referendum: Constitution of 1962 introduced
Constitution of 1956 introduced an institution known as
no such institution. referendum in the country
Method of Election: Constitution of 1962 introduced
Constitution of 1956 introduced indirect election.
direct election.

Islamic Institutions: Constitution of 1962 introduced two

Organization for Islamic Islamic institution i.e. Advisory Council
of Islamic Ideology and Islamic
Research and Instructions. Research Institutions.
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 Comparison Between 1956 & 1962 Constitutions
1956 Constitution 1962 Constitution

Executive Powers:
Most of the executive powers were Most of the executive powers vested in
exercised by the prime minister under the president under the 1962
the constitution of 1962. constitution.

List of Subjects:
Constitution of 1956 contains three lists Constitution of 1962 provided only two
of subject i.e. federal, provincial and list of subjects i.e. central and
concurrent matters. provincial.

Presidential Powers:
In the constitution of 1956 the powers Under the constitution of 1962
were reasonable. president had great power.

Supreme Judicial Council:

There was no such institution in the Constitutions of 1962 introduced a new
constitution of 1956. institution Supreme Judicial Council.
Monday, November 13, 2023 Pakistan Affairs 24
 Constitution of 1973
 The 1962 constitution was abrogated with the resignation of
General Ayub Khan. A new constitution was approved on 14th
August 1973 with overwhelming majority under the office of the
then Prime Minister, Z.A.Bhutto.
 Main Features
 Parliamentary form of Govt.
 Prime Minister as the head and real executive of government,
Ordinances to be counter signed by the Prime Minister
 Bicameral legislature
 Independence of judiciary
 Urdu as national language
 Provincial autonomy guaranteed residuary powers given to the
provinces
 A clear and definite definition for Muslim was given.
 An Islamic Ideology Council was set up for framing of Laws for
Islamic injunctions.
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 Constitution of 1973
The Constitution of 1973 is noticeably different from the earlier
Constitutions of 1956 and 1962. Its salient features are:
❑ Written Constitution
Written document, very comprehensive and consists of
twelve parts.
❑ Objectives Resolution
The principles and provisions set out in the Objectives
Resolution have been made substantive part of the constitution
with introductory that “Islam shall be state religion”
❑ Abrogation/Suspension of the constitution
Under Article 6, abrogation or suspension of the
constitution was considered a high treason.
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 Constitution of 1973
❑Islamic System
The inclusion of Islamic Provisions ensures an
Islamic system in the country.
❑Rigid Constitution
It is not easy to make amendments in it. Two-third
majority of both the Houses is required for this purpose.
❑ Federal system
A Federal System was introduced with a central and
provincial governments.

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 Constitution of 1973
❑ Form of Government

Parliamentary form of Government was introduced.

❑ Bicameral Legislature

The Majlis-e-Shoora (Parliament) consists of two Houses

named Senate(100 members) and National Assembly (372
members).
❑ Method of Election

The members of the National Assembly, the provincial

Assemblies are directly elected by the people.
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 Constitution of 1973
❑ Fundamental Rights
The 1973 Constitution ensures the fundamental rights to the
citizens of Pakistan
❑ Independence of Judiciary
The Constitution of 1973 stresses upon the establishment of
an independent judiciary. Full job security has been provided.
❑ Referendum
The Constitution of 1973 has authorized the President to
hold referendum on any national issue. Similarly the Prime Minister
can ask the President to hold referendum on any important national
issue.
The constitution of 1973 was a unanimously adopted
document by the people of Pakistan.
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Islamic Provisions of Constitution of 1973
i. The official name "Islamic Republic of Pakistan" as selected for the
state of Pakistan.
ii. Islam is declared as the state religion of Pakistan.
iii. Enabling of living life, culture, and customs of Muslims,
individually or collectively, in accordance with the fundamental
principles and basic concepts of Islam.
iv. Teachings on Arabic, Qur'an, and Islamiyat to be compulsory in
country's institutions and to secure correct and exact printing and
publishing of the Qur'an.
v. Proper organisations of Zakat, Waqf, and mosques is ensured.
vi. Prevent prostitution, gambling and consumption of alcohol,
printing, publication, circulation, pornography, and display of
obscene literature and advertisements.
vii. Required to be a Muslim in order to run for bid of becoming the
President (male or female) and/or Prime Minister (male or
female). No restriction as to religion or gender on any other post,
up to and including provincial governor and Chief Minister.
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Islamic Provisions of Constitution of 1973
viii. All existing laws shall be brought in conformity with the
injunctions of Islam as laid down in the Qur'an and Sunnah and no
law shall be enacted which is repugnant to such injunctions.
ix. A Council of Islamic Ideology shall be constituted referred to as the
Islamic advisory council.
x. For the first time, the Constitution of Pakistan gave definition of a
Muslim which states: 'Muslim' means a person who believes in the
unity and oneness of Allah, in the absolute and unqualified finality
of the Prophethood of the Islamic prophet, Muhammad, and does
not believe in, or recognise as a prophet or religious reformer, any
person who claimed or claims to be a prophet, in any sense of the
word or of any description whatsoever, after Muhammad.
xi. The state shall endeavor to strengthen the bonds of unity among
Muslim countries.
xii. The Second Amendment to the Constitution declared for the first
time the Ahmadiyya Community and/or the Lahori Group as non-
Muslims, and their leader, Mirza Ghulam Ahmad, who claimed to
be prophet of God, to which mainstream Muslims do not agree
with.
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 Conclusion
 The constitution of 1973 was an expression of the balance
of class forces established after the political crises of 1971
and the collapse of the military dictatorship.
 The present Constitution of Pakistan is characterized by
such fundamental principles as a parliamentary republican
system, federal state structure, and proclamation of
democracy, freedom, equality, tolerance and other
bourgeois-democratic freedoms, and the attainment of
social justice as the supreme aim of the state.

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 Comparison of Constitutions
Constitution of 1962 Constitution of 1973
i. Presidential form i. Parliamentary form
ii. All executive authority with ii. All executive authority with
the President the Prime Minister
iii. Impeachment of the iii. Removal of the prime minister
president was made difficult was made easier
iv. Sense of deprivation iv. Sense of equality promoted
promoted among provinces among provinces
v. Unicameral therefore no v. Bicameral therefore sufficient
oversight over legislation oversight over legislation
vi. Does not breed corruption vi. Breeds corruption

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 Thank
You
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