CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

PAKISTAN STUDIES
NOTES: CHAPTER 3
COSTITUTIONAL DEVELOPMENT IN PAKISTAN
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

2.2.3 Discuss the significance of Objectives Resolution 1949 in the constitutional development of
Pakistan

Pakistan came into being as an independent country on 14 August 1947 as a result of the partition of
India. When Pakistan came into being it had no constitution of its own. The Government of India Act
1935 was adopted as an interim constitution until the framing of the new constitution of the
country. The first step taken in framing the new constitution was the passage of Objectives
Resolution on 12th March 1949 by the first constituent assembly of Pakistan. As the name suggests
the resolution contained basic aims and objectives on which the future constitution of Pakistan
would be based.

Main features of objectives Resolution

1. The constitution should provide a representative form of government in which the rulers will
exercise their powers in line with the Islamic concept of Sovereignty of Allah.
2. Islamic laws and guiding principles of life i.e. equality, brotherhood, social justice would be
enforced in the country.
3. Rights of minorities as enunciated by Islam i.e. freedom to profess and practice faith and
promote their culture would be ensured.
4. The constitution should provide for such actions and steps which would enable Muslims to order
their personal and collective life in accordance with the teachings of Islam.
5. All fundamental rights should be provided in the law.
6. A free and independent judiciary should be guaranteed in the constitution.

Importance of Objectives Resolution

Objectives Resolution 1949 has huge importance in the constitutional development of Pakistan. It
had been more than two years after independence without its own framed constitution. A general
perception had started to prevail whether a constitution would be framed in the near future. But the
passage of Objectives Resolution 1949 gave people hope that a constituent assembly would frame a
new constitution very soon.

Objectives Resolution acted as a framework and roadmap for future constitutions. Constitutions of
1956 and 1962 were based on this resolution. It was made the preamble of both constitutions.
Pakistan’s current constitution (1973 constitution) was also framed in light of Objectives Resolution
1949.

The resolution provided for the introduction of Islamic laws and a prominent place for religion in the
law of the land. Moreover, the resolution provided a balance by suggesting the incorporation of
Islamic laws and universal democratic rights. This projected Pakistan as a moderate Islamic state
which respects and implements the fundamental rights provided in the International Human Rights
Charter.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

2.2.4 Discuss the factors which delayed the constitution-making process in the initial years of
Pakistan

The main factors responsible for this long delay in the constitution-making of Pakistan were as
follows:

Immediate problems

With its establishment, Pakistan had to face more pressing issues that required immediate re
addressed. The immediate problems included an influx of refugees, canal water dispute, Kashmir
war, India’s denial in giving Pakistan’s share of financial and military assets, etc.

1. Refugee problem

With Partition, millions of Muslim refugees flooded into Pakistan to escape the ruthless persecution
and massacre in different parts of India. Their accommodation, shelter, clothing, food, medication
had to be ensured before long-term measures were taken for their permanent settlement.

2. Canal water dispute

On April 1, 1948, India blocked river water coming from Kashmir through Indian Territory. This act of
India put the very survival of Pakistan in Jeopardy as it would damage the agriculture of Pakistan.

3. India’s denial to give Pakistan’s share of financial and military assets.

When Pakistan came into being, it had a crippled economy and vulnerable security. To make things
even worse, India did not give an agreed share of Pakistan’s military and financial assets. These and
similar other immediate problems left little time and energy to work on framing a new constitution
for Pakistan.

Issues other than immediate problems

Death of Quaid e Azam

The death of Quaid –i-Azam was one of the reasons for the delay in the constitution-making. Quaid
had given an outline for the country’s future constitution while addressing the first constituent
assembly of Pakistan on August 11, 1947 . But he died on September 11, 1948, before he could give
a constitution to his people.

Had he lived longer, he would have resolved the constitutional dilemma by using his leadership and
non-controversial status.

Disagreement over Parity of Representation

The first move towards the constitution-making of Pakistan was the passage of the Objectives
Resolution by the Constituent Assembly on 12 March 1949. After it passed the resolution, the
assembly delegated the task of drawing basic principles to a committee called the Basic Principles
Committee, in light of the set objectives for future constitution-making.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

The Basic Principles Committee presented its first Report on September 28, 1950, which
recommended parity of representation in the central Assembly. The proposal of this principle of
parity at the centre created controversy as the assembly members from East Pakistan opposed
it. They were of the view that their representation should be more as they were a majority (56% of
the total population) in the new state.

In contrast to what East Pakistan representatives felt, the West Pakistani politicians did not want a
dominant East Pakistan in the central Assembly. Consequently, no agreement was reached and the
constitution-making process was delayed.

Language issue

Another proposal the Basic Principles Committee had incorporated in its report was to declare Urdu
the national language of Pakistan. Urdu as the national language was also opposed by East Pakistani
members of the assembly. They demanded to make Bengali the national language since it was the
language of the majority of people. Thus, language controversy along with the issue of
representation at the center caused a type of deadlock in constitution-making in the country.

Political Rivalry and Corruption

After the sad demise of the Quaid, Muslim League fell victim to intrigue and disunity. Intense
internal strife and selfishness brought about disintegration in the party. Party fell into the hands of
opportunists who resorted to undemocratic ways and means, indulging in political mischief and
intrigue. Consequently, little attention was paid to constitution-making.

Increasing Influence of West Pakistan dominated Bureaucracy and military

With the death of Prime Minister Liaquat Ali Khan, bureaucrats made inroads to the power corridors.
A bureaucrat, Ghulam Muhammad was made the Governor-General who did not hesitate to dismiss
elected prime ministers, the constituent assembly thus also paving the path for retired and in service
military personnel in the politics. He made Sikandar Mirza, a retired General as Governor General,
appointed Ayub Khan, the Commandant in Chief of the Armed forces as defence minister.

West Pakistani politicians, bureaucrats, and generals did not want to give East Pakistan their due
political and democratic rights. Hence, any proposals made concerning the constitution seemed to
go against the wishes and expectations of East Pakistan creating a tussle in the constituent assembly.

2.2.5 Describe the salient features of 1956 Constitution

1. Federal System of Government

The 1956 constitution provided a federal system which meant that power would be divided between
the center and provinces. However, the center was made stronger than the provinces. The powers
were classified into three categories of the Federal, Provincial, and Concurrent list.

2. Executive Head

According to the constitution, the Prime Minister would be the head of the government. He would
be a member of the national assembly and also elected by the assembly to the post of Prime
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

Minister. He would make his cabinet from the National Assembly which would be accountable to the
assembly.

3. Head of the state

It was provided in the constitution that the President would be head of the state with powers to
declare a state of emergency in the country and dismiss the Prime Minister and the government. The
president should be a Muslim above the age of 40 for 5 years. Moreover, he was authorized to make
the appointment of governors, Supreme Court judges, advocate General, and Auditor General. The
President would be elected by Central and provincial legislatures.

4. Principle of Parity of Representation at the center

The constitution provided parity for the representation of East and West Pakistan at the center. It
meant that there would be an equal number of representatives in the central assembly from both
wings of the country.

5. Flexible Constitution

The constitution was flexible in nature. Amendments could be made with a two-thirds majority of
the members of the National Assembly. However, the president was authorized to veto the law
which then could be nullified by a simple majority in the assembly.

6. Islamic Republic

Pakistan was proclaimed as the Islamic Republic of Pakistan in the 1956 constitution.

7. Preamble

The Objectives Resolution 1949 was made part of the preamble of the constitution. It means it was
incorporated in the introductory part of the constitution.

8. One House Parliament

Unlike today’s Two House Parliament, it was provided in the 1956 constitution that the Parliament
would be One House Parliament called National Assembly. The National Assembly would have 300
members in total equally drawn from both wings of the country, East Pakistan and West Pakistan.

9. Free Judiciary

The constitution provided a free and independent judiciary.

10. Fundamental Rights

Fundamental rights i.e. Freedom of Movement, Freedom of religion and faith, Freedom of speech,
Right to life and property, etc. were provided in the constitution.

11. Islamic Council

A council of religious scholars would be set up to see if existing laws were in accordance with Islam
or not. No law repugnant to Islam and Sunnah would be passed.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

2.2.6 Discuss the reasons that led to the failure of 1956 Constitution;

The 1956 constitution remained in action only for two years as then-president of the
country, Iskandar Mirza, abrogated the constitution and imposed Martial Law in 1958.

The reasons for the promulgation of Martial in 1958 following were the reasons that led to the
failure of the 1956 constitution of Pakistan.

1. Disproportionate use of presidential powers

The 1956 constitution gave the president the power to appoint the Prime Minister from the national
assembly. The president could also dismiss the executive (Prime Minister and his cabinet) and the
national assembly.

This meant that the national assembly had no powers to elect the prime minister. As the executive
head, the Prime Minister could remain in office only as long as he enjoyed the confidence of the
president.

Being placed at the mercy of the president, the assembly assumed a status not more than a rubber
stamp. Using his powers, the president could send a government home at any time. There was no
constitutional guarantee or mechanism to check any unreasonable act of the president.

2. The opposition of One Unit Formula

The 1956 constitution provided the One-Unit Formula, initially given by Ch. Muhammad Ali’s
government in 1954. According to this formula, the four provinces of West Pakistan (Punjab, Sindh,
NWFP , and Balochistan) were amalgamated into a single unit.

West Pakistani politicians resented One-Unit Formula. Protests within and outside assembly against
one unit formula created a chaotic and disturbing situation in the country. This further deepened the
already existing political instability and law and order situations in West Pakistan.

3. Controversy over parity of Representation at the center

The 1956 constitution provided parity of representation at the center. That is the number of
representatives from both wings in the central assembly would be equal.

East Pakistani politicians in the assembly criticized this formula of representation. They felt that they
would be underrepresented in the center despite being numerically a majority. They formed 56% of
the total population of Pakistan. Thus they demanded a representation at the center proportional to
their population.

On the contrary, the West Pakistani politicians did not want to see a dominant Bengali
representation in the center. Consequently, they emphasized the parity of representation. When the
1956 constitution got promulgated on March 23, 1956, East Pakistan-based political parties reacted
with anger and frequent protests.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

4. Loss of public trust in President and System

Misuse and abuse of power by the president had caused a loss of public trust in him and the system.
By 1958, the popularity of the president had reached the lowest ebb. The president saw himself out
of power in the coming general elections in 1858 as per the law laid out in the new constitution.

Iskandar Mirza did not want to lose power and was ready to take any step to make sure that he was
in the power. Hence, he dismissed the government, dissolved the national assembly, and placed the
country under its first Martial law on October 7, 1958.

Conclusion

The above reasons not only led to the abrogation of the constitution. They also resulted in the
imposition of the first law in the country. The 1958 martial law became a precedent for future
dismissal of elected governments by military coups.

2.2.7 Describe the salient features of 1962 Constitution;

Background

Pakistan adopted its first constitution in 1956 which hardly remained enforced for two and half
years. President Iskandar Mirza in a politically blatant move dismissed the government and national
assembly on 7th October 1958 by imposing Martial Law in the country under the command of
General Ayub Khan. Twenty days after the imposition of martial law on 27th October 1958 Ayub
Khan forced Iskandar Mirza to resign and exiled him to London.

After four years of his rule in the country, Ayub Khan introduced the second constitution of Pakistan
on first March 1962.

What were the main features of the 1962 constitution of Pakistan?

The main points of the constitution are as follows:

1. Incorporation of Objectives Resolution

The preamble of the 1962 constitution contained the Objectives Resolution 1949. The objectives
Resolution contained objectives for constitution-making in Pakistan.

2. Provision of the federal system

The constitution provided a federal form of government with two provinces i.e. East Pakistan, West
Pakistan. Like that of the 1956 constitution, the second constitution also provided for the One-Unit
formula and parity of representation at the center.

3. The Islamic Republic

Like that of the 1st constitution (1956 constitution), the 1962 constitution also proclaimed Pakistan
as the Islamic Republic.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

4. Presidential form of Government

According to the 1962 constitution, it would be a presidential form of government in Pakistan. The
president would be the head of the executive as well as the head of the state. He would be elected
by an electoral college of 80,000 basic democrats for tenure of 5 years.

5. Powers of the president

 The president enjoyed the power to issue ordinances that would take the shapes of law
 No court and legislature would challenge presidential orders.
 The president could appoint and remove ministers and provincial governors
 The president could veto any law made by the national assembly
 Only a citizen of Pakistan with an age over 35 years would be eligible for the post of
president.

6. Provision of parity of Representation at the center

According to the constitution, the central assembly (national assembly) would contain an equal
number of representatives both from East and West Pakistan. There would be a total of 300 national
assembly members, 150 from each unit.

7. One House Parliament

The 1962 Constitution provided unicameral legislature/one House Parliament at the center (the
National Assembly) with an equal number of representatives from each province. The members for
the national assembly would come through indirect election among 80, 000 Basic Democrats for a
tenure of 5 years.

8. Provincial Legislature

Each province would have its own legislature indirectly elected by the Basic Democrats of the
respective provinces. The executive head of the province would be the governor appointed by the
president of the country.

9. Advisory Council of Islamic Ideology

The constitution provided for the setting up of an Advisory Council of Islamic Ideology. The officials
and members of the council would be appointed by the president. The council would recommend
and the government sees law making is in accordance with Islam.

10. Provision of fundamental rights

The constitution did not mention the fundamental rights of the citizens initially. They were
incorporated as part of the constitution later on as a result of public protest and agitation.

11. Amendments

The national assembly could make any amendment to the constitution but that was subject to the
endorsement of the president. The president could veto any amendment or legislation made by the
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

national assembly. However, the constitution also provided that the national assembly could
challenge any presidential decree. In such a case, the Basic Democrats would give a final decision.
The basic democrats, being under the control of bureaucrats could not make any decision against
the president.

12. Role of Judiciary

According to the constitution, the role of the judiciary would be to interpret laws and give judgments
in accordance with the constitution.

2.2.8 Discuss the reasons that led to the failure of 1962 Constitution;

Reasons for the failure of the 1962 constitution

Following are considered to be some of the reasons responsible for the failure of the 1962
constitution of Pakistan:

1. One-man Show

The constitution was basically made to suit the political interests and prolong his rule in the country.
It did not provide any chance and space for independent political activities. The office of the
president was entrusted with powers without any mechanism of accountability. The president could
use his powers disproportionately and no authority and court could challenge it.

2. Undemocratic Constitution

The constitution provided a controlled form of democracy in the country. People could not elect the
government directly. Only Basic Democrats could be elected by people at the local level. The basic
democrats acted as an electoral college for the election of the president, national assembly, and
provincial legislatures. Ayub Khan as president used his influence to get him elected to the
presidency in the 1965 presidential elections.

Moreover, the president could dismiss the national assembly, issue ordinances, and appoint
ministers at his discretion. As president Ayub Khan was not answerable to anyone.

3. Parity of Representation

The constitution provided parity of representation at the center. East Pakistani politicians and
people rejected and resented this provision of the principle of parity at the center. They demanded
their representation proportional to their population which was 56 of the total population. For
them, parity of representation meant an undemocratic act and political under-representation of the
people of East Pakistan.

4. One Unit Formula

Like the 1956 constitution, the 1962 constitution also provided for the One Unit Formula. According
to one unit scheme, the five provinces of West Pakistan i.e. Punjab, Sindh, NWFP , and Balochistan
would merge together into a single unit instead of four different provinces. The people and East
Pakistan politicians did not like the One-Unit Formula. The incorporation in the 1962 constitution
just added to the grievances of the people.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

5. Public Desire for the Parliamentary System

The 1962 Constitution provided a presidential form of government. People of Pakistan and politically
conscious circles demanded a parliamentary system of government instead.

6. Repression and Curtailment of Fundamental Rights

Ayub Khan enjoyed unchallenged authority as per the 1962 Constitution. Although the constitution
provided fundamental rights, the military regime did not hesitate in their violation if it suited its
interests. The government imposed restrictions on the political parties and their activities. They
could not speak against the government. The government reacted by picking up and torturing
opponents for their protest, critique, and agitation.

7. Student Rise for Democracy

By the end of 1968, the youth and people of Pakistan had become fed up with Ayub Khan who ruled
the country by strictly providing little space for democracy. Now people had started to challenge the
arbitrary acts and dictatorial decisions. At the core of the agitation lay the student protests which
had erupted throughout the country for the revival of democracy and civilian rule.

8. Rise of Bhutto

Zulfiqar Ali Bhutto had resigned as foreign minister in protest against Ayub’s approach while signing
the Tashkent Agreement in 1966. Bhutto supported anti-Ayub student strikes aimed at getting the
resignation of Ayub Khan and forming a directly elected government.

Students also challenged the indirect election system introduced in the 1962 Constitution of the
country. Similar protests and agitation were also spreading against Ayub Khan in East Pakistan too.

9. Resignation of Ayub Khan

Ayub Khan resorted to using force to crush the uprising against his undemocratic rule in both wings
of Pakistan. The agitation instead forced Ayub Khan to resign from the presidency thus bringing an
end to his decade-long dictatorial rule. Ayub handed power over to the army chief, General Yahiya
Khan on March 25, 1969. Yahiya Khan abrogated the 1962 constitution the same day and imposed
martial law.

2.2.9 Discuss the salient features of 1973 Constitution;

Pakistan disintegrated in December 1971 in the wake of the Indo-Pakistan War and the East
Pakistanis revolt. Pakistan People’s Party which had won the second-largest number of seats in the
1970 General elections formed its government in the remaining part of the country. The Bhutto
regime drafted the constitution with additional support from opposition parties. The parliament
approved the constitution on April 10 and ratified it on August 14, 1973.

1. Unanimously agreed constitution

Unlike the 1962 and 1956 constitutions, the 1973 constitution was unanimously passed by the ruling
and opposition parties. Member assembly opposed the constitution.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

2. Federal-system of government

Pakistan would a federation of four provinces of Punjab, Sindh, Khyber Pakhtunkhwa (then NWFP),
and Balochistan.

3. Parliamentary form of government

The 1973 Constitution provides a parliamentary form of government in Pakistan.

4. Two House Parliament/Bicameral Legislature

1973 Constitution provided a Two-House Parliament consisting of the lower house and upper house.

A. Lower House

The Lower House would be called National Assembly and the Upper House, the Senate. The National
Assembly would be directly elected by the people. The National Assembly has two important
functions, the formation of the government and legislation.

B. Upper House

The upper house would be called the senate. The representation in the Senate would be based on
parity which means an equal number of senators would be elected by all four provincial assemblies
in the country. The prime responsibility of the Senate is to review the acts made by the National
Assembly.

5. Head of the Executive and state

As part of the parliamentary form of government, the constitution provided that there would be two
separate posts of prime minister and the president.

A. Prime Minister

Prime Minister would be the head of the executive. He will be elected from among the members of
the National Assembly by the members of the national assembly. As head of the executive, he would
have the authority to choose his cabinet from among the members of the national assembly.

B. Head of the state

The president would be the head of the state. He will be elected by the national assembly. He should
be above 40 years of age and a Muslim. His position is symbolic. He could perform many functions at
the advice of the prime minister e.g. appointment of judges to Supreme Court of Pakistan and High
Courts, Vice Chancellors for Public sector universities, etc.

6. Flexible Constitution

According to this constitution, the two-thirds majority in the national assembly can amend or
introduce a new law in the constitution.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

7. High treason

The 1973 constitution provided capital punishments for committing the act of subverting and
abrogating the constitution of the country. According to article 6 of the constitution, such an act
would be an act of high treason subjected to the death penalty or life imprisonment.

8. Provision of fundamental rights

Fundamental rights such as the right to vote, the security of life and property, right to profess
religion, right to a fair trial, right not to be punished for the same crime again, freedom of
movement, freedom of assembly and association, right to choose the profession of one’s own
choice, freedom of speech, right to information, Free education and health care facilities for all
children, right to preserve one’s own culture, etc.

Islamic Provisions of the constitution

The following are the Islamic provisions that were provided in the 1972 constitution:

A. Objectives Resolution

Like that of the 1956 Constitution and the 1962 Constitution, Objectives Resolution is part of the
preamble of the constitution.

B. the Islamic Republic of Pakistan

According to the Constitution, Pakistan was named as the Islamic Republic of Pakistan. This feature
was common to the previous two constitutions also.

C. Definition of a Muslim

The 1973 Constitution provided the definition of a Muslim. According to the constitution, a person
would be Muslim if he believes in the oneness of Allah, in Quran as the last holy book, in the Day of
Judgment, and in Muhammad (PBUH) as the last prophet.

D. Islam as the state religion

Unlike the previous constitutions, The 1973 Constitution provided that Islam would be the state
religion.

E. Council of Islamic Ideology

The constitution provided for the setting up of a Council of Islamic Ideology which will give its advice
whether the existing or any new law made by the parliament is in accord with Islam or not.

2.2.10 compares the three constitutions of Pakistan in terms of their nature and features

The first constitution was promulgated in 1956, the second in 1962, and the third and current
constitution in 1973. As per the date of their promulgation, they are called the 1956 constitution,
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

the 1962 constitution, and the 1973 Constitution respectively.

The 1956 Constitution lasted only for a couple of years and a few months as the then-president
Iskandar Mirza abrogated it by imposing the first Martial Law in the country. After four years of his
rule, Field Marshal Ayub Khan introduced the 1962 Constitution which remained enforced as long as
he was in power.

1. Similarities among the constitutions

All the three constitutions of 1956, 1962, and 1973 provided:

 Only a Muslim would be the head of the state and the executive;
 legislation in alignment with Islamic laws and repealing of laws repugnant to Islam;
 Objectives Resolution 1949 as part of the preamble;
 elections on basis of Universal suffrage and;
 That Pakistan would be named the Islamic Republic of Pakistan.

2. Differences among 1956, 1962, and 1973 constitutions

1956 constitution 1962 constitution 1973 constitution

 President would be more  It did not provide the post  The post of president would
powerful. He could choose of PM. be symbolic. He/she would
Prime Minister from  President was all powerful act only with the advice of
National Assembly. with the authority to the prime minister.
 He would also have the dismiss the national and  The prime minister would
power to dismiss PM, the provincial assemblies. be more powerful and
government, and the elected by the national
assembly. assembly.
 It provided the  It provided the presidential  Like that of 1956
parliamentary form of form of government. constitution, it also
government. provided a parliamentary
form of government
 It provided one house  It provided a unicameral  There would be two house
parliament/unicameral legislature called National parliament consisting of the
legislature. Assembly Senate (upper house) and
 There would be only a National Assembly (Lower
national assembly. House).
 Urdu and Bengali were  Urdu and Bengali were  Only Urdu was declared as
declared as National declared as national the national language as
languages languages Bengali-speaking East
Pakistan had seceded
from West Pakistan
 There was no provision  No provision regarding the  Provision of the definition
with regard to the definition of a Muslim of a Muslim. Under this
definition of a Muslim. definition,
 Qadiyanis were declared
non-Muslims in Pakistan
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

 It provided that people  It provided that Basic  Like the 1956 constitution
will directly elect Democrats would act as an and unlike the 1962
members of the electoral college for the constitution, the 1973
national assembly. election of the president, the constitution provided that
national and provincial people would directly elect
assemblies. members of both national
and provincial assemblies
 Unlike the 1973  It also did not mention  Islam would be the official
constitution, there was religion Islam as the religion of the state
no mention of Islam as official religion of the
the official religion of state
the state.
 The minimum age limit  The minimum age limit of  The minimum age limit for
for the president would the president would be 35 the president would be 45
be 40 years. years. years.

2.2.11 Evaluate the steps taken towards Islamization in Pakistan with reference to 1956, 1962 and
1973 Constitutions;

(Separate document)

2.2.12 discuss the fundamental rights given in the Constitution of Pakistan 1973

Fundamental Rights in the 1973 Constitution of Pakistan

1. Security of person
2. Right to a fair trial
3. Freedom of speech.
4. Right to information.
5. Equality of citizens.
6. Freedom of association.
7. Right to education.
8. Freedom of assembly.
9. Freedom of movement.
10. Right to property.
11. Inviolability of dignity of man.
12. Protection of property rights.
13. Protection as to arrest and detention.
14. Freedom to choose any profession.
 CH 3: COSTITUTIONAL DEVELOPMENT IN PAKISTAN

15. Elimination of slavery forced labour.

16. Protection against retrospective punishment.
17. Preservation of language, script, and culture.
18. Safeguards against discrimination in services.
19. Non-discrimination in access to public places.
20. Protection against double punishment and self-incrimination.
21. Freedom to profess religion and manage religious institutions.
22. Safeguard against taxation in connection with any particular religion.
23. The right to set up educational religious institutions.

1973 provisions related to fundamental rights in Pakistan

Despite being a signatory of the UDHR, Pakistan has faced difficulties in the implementation of
fundamental rights. There is a myriad of issues that act as roadblocks on the way towards the
realization of these rights. Issues in the implementation of basic rights include corruption, terrorism,
etc. making it difficult to establish good governance.

Implementation of Fundamental Rights with reference to Pakistan

The constitution guarantees the treatment of minorities as equal and the same citizens of the state
treatment of minorities as equal and the same citizens of the state. But successive governments in
Pakistan have failed in providing them security and protection.

Moreover, the national history has witnessed a ruthless crackdown of political dissent leaving little
space for criticism and discourse. Enforced disappearances of the socio-politico activists, academics,
and journalists have become a rule rather than an exception. Critics get punished for their criticism
of government policies.

Access to education is one of the fundamental rights provided in the constitution. But, reports say 2
billion children are out of schools due to poverty, bonded labour, and shortage of educational
facilities. Similarly, Govt. should allow people to get together, assemble, and voice for their rights.
But, popular mass movements launched for the implementation of social justice are ruthlessly
crushed.

The constitution also guarantees the elimination of slavery, bonded labour, etc. But in the interior of
Sindh and Punjab, landlords still subject people working their lands to bonded labour and slavery.
They chain them in their personal jails in their failure to obey their order or act otherwise.

Likewise, safeguards to language, script, and culture are also a fundamental right. Disappointingly,
this provision is also only on papers without any practical implication. Only formalities have been
made with regard to the promotion and preservation of local languages many among which are at
the brink of being extinct.