THE INTERIM CONSTITUTION OF PAKISTAN 1972 3

1. Introdu ction

Pakistan has become a laboratory for constitutional experiments. In twenty years, it has
had three constitutions;
The Government of India Act of 1935, as adopted under the Indian Independence Act
of 1947, which was known as the interim constitution' of the country and under
which it was governed from 1947 to 1956;
The constitution off 1956, now officially designated the late constitution, framed as a
result of the deliberations of two constituent assemblies over nine years of effort but
remained in operation for only two and a half years (23 March 1956 to 7 Oct 1958);
Following a period of martial law and forty-four months of authoritarian rules,
constitution government was restored on 8 June 1962 and a new constitution
promulgated by President Ayub in accordance with the mandate that he had received
from the people in 1960.
Apart from these three organic laws of the country, a number of interesting constitutional
drafts were presented to the country from time to time.
2. Background
The background of Interim Constitution 1972 begins from Mach 25, 1969, when
President Ayub Khan withdrew himself from political life. Announcing his retirement
with immediate effect from the post of President, he said; "This is the last time I am
addressing you as President. The situation in the country is fast deteriorating. The
administrative institutions are being paralysed... Whole nation demands that General
Yahya Khan, the Commander-in-chief of Pakistan Army, should fulfil his constitutional
responsibilities... In view of this I have decided to relinquish today the office of
President, **!
Immediately after President Ayub Khan's broadcast, General Yahya Khan issued a
proclamation on March 25, 1969 in which he declared Martial Law throughout the
country and assumed the powers of Chief Martial Law Administrator. The constitution
was abrogated, the National Assemblies were dissolved, and the President, the Central
and Provincial Ministers and Provincial Governors ceased to hold office. In a broadcast

on March 26, 1969 General Yahya Khan stated that he had no political ambition other
than the creation of conditions conducive to the establishment of a constitutional

governmnent.
'Dawn, (March 25, 1969).
 THE INTERIM CONSTITUTION OF PAKISTAN 1972 7

The National Assembly would be convened by August 1, 1972 to present the report
of committee on Constitution and it would be reconvened on August 14, 1972.
After August 14, the National Assembly would both act as constitution-making body
and legislature till a permanent constitution was passed.
Parliamentary government should be set up both at the center and in the provinces.'
It was agreed at the Conference that all the three parties prepare a draft new constitution
by mutual consultation and would place it before National Assembly for discussion and
approval.
4.1. First National Assembly Session
When the National Assembly met for the first time on April 14, 1972, the PPP
presented its own draft to the National Assembly for discussion and approval:
Vote for confidence in Z.A. Bhutto as President of Pakistan.

Continuance of Martial Law till August 14, 1972.

Adoption of the Interim Constitution, and
Appointment of a committee from amongst the Assembly members to prepare the
constitutional draft by the latest, before or by the |" August, 1972.6
5. Making of the Interim Constitution 1972
In his inaugural speech, President Bhutto emphasized upon members of the National
Assembly that their immediate task in those three days was to adopt an interim
constitution. There were two options before the National Assembly for basis of interim
constitution:
The first was to evolve their own formula for the interim constitution.

The second was to make interim constitution on basis of the Government of India Act

1935, read with the Indian Independence Act 1947, with consequential amendments.
The first choice was not attainable due to emergency circumstances prevailing in the
country. So second mode was adopted. !"
5.1. Draft Resolution for the Interim Constitution

The Minister of Law and Parliamentary Affairs, Mian Mehmood Ali Kasuri, moved a
resolution on April 15, 1972, for adoption of the draft of the interim constitution. The
resolution reads as follows:

15 Hafecz Malik: *The Emergence og the Federal Pakistan in Pakistan". (Jr. J. Henry Korson's Contemporary
Problems of Pakistan, 1974). p. 45.
16 National assembBy debates, (April 14, 1972).
17 Jhid
 THE INTERIM CONSTITUTION OF PAKISTAN 1972 8

"That this Assembly adopts and enacts the Interim Constiution for the Islamic
Republic of Pakistan to remain in force until the permanent constitution is framed by
this Assembly.
5.2. Criticisms on Draft Resolution

While criticizing on the resolution, Sardar Shaukat Hayat pointed out:

"It is unusual legislation the constitution-making that any bill for constitution
making or legislation should come before the Assembly and it should be discussed
clause by clause and it has never been before that legislative business should be
brought in the form of a resolution without bringing out the menmber's views and
record and taking reasonable advice, if necessary. But in the form of a resolution you
are asking us to say eyes for noes".
Mir Gous Baksh," observed that the definition of the term "Resolution" did not permit
constitution to fall within its scope. A resolution is always moved when a specific
purpose is involved. A constitution involved different topics dealing with many
purposes. Issue of the resolution for introducing constitution in the country was neither
appropriate nor legal.
5.3. Adoption of Draft Resolution
The house adopted the res olution on April 17, 1972 introducing an Interim
Constitution in Pakistan, for such a period as a permanent constitution was framed by
the Assembly. The opposition members abstained from voting on the alleged ground
that it was not wholly federal in character. Sardar Shaukat Hayat Khan said that
members who had abstained from voting had a "number of misgivings about the
constitution" and unanimously described them as "neither fish nor fowl" and the
opposition parties had, in accepting Interim Constitution, chosen a less serious evil in
preference to the most serious evil of Martial Law.
6. Salient Features of Interim Constitution

Preamble of the Constitution declared sovereignty to be with Allah Almighty.

The Interim Constitution of Pakistan contained 2295 articles and seven schedules.

It was based on the Government of India Act 1935 and the Indian Independence Act 1947
with consequential amendments.
It also borrowed from the Constitution of 1956 and 1962 in certain matters for example,
fundamental rights, Islamic provisions, powers of the Provincial Governors and
18 Jbid
19 Dawn, (April 11, 1972)
THE INTERIM CONSTITUTION OF PAKISTAN 1972 9

provisions regarding disqualification of the members of National Assembly. These

provisions were not there in the Government of India Act 1935 and the Indian
Independence Act 1947.
The Interim Constitution ushered the parliamentary government in the provinces and a
Presidential Executive at the Center. In the original draft which follows the pattern of the
1935 Act, the Provincial Executive too was in essence non-parliamentary since there was
no provision for the post of Chief Minister and the member of the Council of Ministers
were to serve "during the pleasure of the Governor"" which clearly excluded ministerial
responsibility to the legislature. This position was modified by provision for the
appointment of Chief Minister of a majority law.
The President was the Head of the State and his term of office was fixed as against the
Prime Minister who was to remain in office for as long as he enjoyed the confidence of
the legislature.
7. Framing of permanent Constitution of Pakistan
While adopting the Interim Constitution, the Assembly constituted a Committee of 25
members under the Chairmanship of the Law Minister, Mian Mahmood Ali Kasuri, to
prepare a draft of the permanent Constitution of Pakistan by August 1, 1972 for
submission to the National Assembly on August 14, 1972.
8. Conclusion

The war of democracy and dictatorship in Pakistan remained constant throughout history.
Various Constitutional drafts were presented, however a few were adopted. The interim
constitution 1972 was framed because of crisis in East Pakistan and the segregation of
Pakistan. It provided Presidential form of government and was presented by the then
President Z.A. Bhutto.