Critical Analysis of

Constitutions of Pakistan
Presented By:
Raja Ali Haider (10572)
M Hassan Ali Khan (10585)
M Aitsam Ahmad (10570)

Constitution
A body of fundamental principles or
established precedents according to
which a state or other organization is
acknowledged to be governed.

CONSTITUTION OF PAKISTAN
The Constitution of Pakistan is the supreme law of
Pakistan. There have been several documents
known as the Constitution of Pakistan. The
Constitution of 1973 is the existing constitution,
which provides for a parliamentary system with a
President as head of state and popularly elected
Prime Minister as head of government. Pakistan has
a bicameral legislature that consists of the Senate
(upper house) and the National Assembly (lower
house). Together with the President, the Senate and
National Assembly make up a body called the
Majlis-i-Shoora (Council of Advisors) or Parliament.

CONSTITUTION HISTORY OF PAKISTAN

1. A COLONIAL CONSTITUTION:
GOVERNMENT OF INDIA ACT, 1935
2. THE CONSTITUTION OF 1956
3. THE CONSTITUTION OF 1962
4. THE CONSTITUTION OF 1973 -- THE
EXISTING CONSTITUTION

A Colonial Constitution: Government of India

Act, 1935

After independence, we needed at

that time a constitution. We adopted
interim constitution of 1935.The first
Constituent
Assembly
originally
consisted
of
69
members;
subsequently
the
number
of
members was increased to 79
(including 44 from East Bangal).

Objective Resolution
The first big step in the framing of a
constitution for Pakistan was taken by the
Constituent Assembly on 12 March 1949,
when it passed a resolution on the Aims and
Objectives of the Constitution', popularly
known as the Objectives Resolution. It laid
the foundation of the constitution and
indicated the broad outline of its structure.
The resolution was moved by Liaquat Ali
Khan, the first Prime Minister of Pakistan.

Constitution of 1956
After nine years of efforts, Pakistan
was
successful
in
framing
a
constitution in 1956. The Constituent
Assembly adopted it on 29 February,
1956, and it was enforced on 23
March, 1956, proclaiming Pakistan to
be
an
Islamic
Republic.
The
Constitution
was
lengthy
and
detailed; it contained 234 articles
divided into thirteen parts and six

The Constitution of 1956

It contained 234 articles divided into thirteen parts
and six schedules.
There will be Parliamentary system.
Prime Minister will have more power than President.
President cannot dismiss Prime Minister until he get
vote from National Assembly and then he can dismiss
Prime Minister. Otherwise not.
5 years duration of stay in power for both Prime
Minister and President.
There will be one house parliament. (No Senate)
Governor will have more power than Chief Minister of
province.

Contd.
There will be 310 seats in Constituent
Assembly, in which (150,150) for men of
both East and West Pakistan and (5, 5) for
women in both states.
There will be Federal system. Power will be
dividing. There will be no central control.
The name Islamic Republic of Pakistan was
selected for the state of Pakistan.
Only a Muslim could be qualified for election
as President.

The First Martial Law and the

Abrogation of the Constitution
On 7 October 1958, President Iskandar
Mirza staged a coup d'tat. He
abrogated
the
1956
constitution,
imposed martial law and appointed
General Mohammad Ayub Khan as the
Chief Martial Law Administrator and Aziz
Ahmad as Secretary General and Deputy
Chief Martial Law Administratorion of the
political system in Pakistan.

Contd
President General Ayub Khan appointed a Commission on
17 February 1960 to report on the future political
framework. The Commission was headed by the former
Chief Justice of Pakistan, Mr. Mohammad Shahabuddin, and
had ten other members, five each from East Pakistan and
West Pakistan, composed of retired judges, lawyers,
industrialists and landlords. The report of the Constitution
Commission was presented to President Ayub on 6 May
1961 and thoroughly examined by the President and his
Cabinet. In January 1962, the Cabinet finally approved the
text of the new constitution. It was promulgated by
President Ayub on 1 March 1962 and finally came into effect
on 8 June 1962. The Constitution contained 250 articles
divided into twelve parts and three schedules.

The Constitution of 1962

The Constitution contained 250 articles divided into twelve parts
and three schedules.
Constitution was Presidential in nature.
Power belongs to President.
One house Parliament. (National Assembly)
The preamble of the Constitution of 1962 was based on the
Objectives Resolution.
Baldiyati system was introduced. In which district council
advisories, Thana committees, Tehsil and Local committees are
included at Rural and Urban level. There will be devolution of power.
Their representatives will choose by themselves for National
Assembly members.
There will be 312 seats in Constituent Assembly, in which (150,150)
for men of both East and West Pakistan and (6, 6) for women in
both states.

Contd.
There will be Federal system. But there was central power.
Chief Minister will have more power than Governor of
province.
Political Party Act: All political parties were banned.
Only a Muslim could be qualified for the election as
President.
Teaching of the Quran and Islamiyat to the Muslims of
Pakistan was made compulsory.
Proper organization of Zakat, Auqaf, and Mosques was
ensured.
Practical steps were to be taken to eradicate what were
seen as social evils by Islam, such as the use of alcohol,
gambling, etc.

The Second Martial Law

The second martial law was imposed on
March 25, 1969, when President Ayub Khan
abrogated the Constitution of 1962 and
handed over power to the Army Commanderin-Chief, General Agha Mohammad Yahya
Khan. On assuming the presidency, General
Yahya Khan acceded to popular demands by
abolishing the one-unit system in West
Pakistan and ordered general elections on
the principle of one man one vote.

The Constitution of 1973

New Constitution is Parliamentary in nature.
The name 'Islamic Republic of Pakistan' is selected for the
state of Pakistan.
Islam is declared as the state religion of Pakistan.
Steps shall be taken to enable the Muslims of Pakistan,
individually or collectively, to order their lives in accordance
with the fundamental principles and basic concepts of Islam.
Steps shall be taken to make the teaching of the Holy Quran
and Islamiyat compulsory, to encourage and facilitate the
learning of Arabic language and to secure correct and exact
printing and publishing of the Holy Quran.
Proper organization of Zakat, Auqaf and Mosques is ensured.

Contd.
The state shall prevent prostitution, gambling and
consumption of alcohol, printing, publication, circulation
and display of obscene literature and advertisements.
Only a Muslim could be qualified for election as President
(male only) and Prime Minister (male or female). No
restriction as to religion or gender on any other post, upto
and including provincial governor and Chief Minister.
The Second Amendment (wef 17 September 1974) of the
1973 Constitution declared for the first time the Qadianis
or the Lahoris as non-Muslims, and their leader, Mirza
Ghulam Ahmed Qadian, who had styled himself as a socalled prophet of Islam, as a fraudster and imposter Nabi.

Causes of Failure of Constitutions

Constitution of 1956
Lack of Leadership
Lack of Political Training
Delay in Elections
Non Existence of Economic Equality
Lack of State Parliamentary System
Role of President
Role of Army and Bureaucracy
Lack of Education
One Unit

Contd.
Conclusion
To conclude, it can be stated that constitutional
history of Pakistan reveals that there has been a
political conflict between head of state and head of
government, and such political conflict this often
led the country to political anarchy. And
constitutions of Pakistan have either abrogated or
suspended in such political anarchy. As far as
constitution of 1956 was concerned, it consisted of
some positive characteristics, but such political
anarchy caused not only its abrogation, but also
failure of its parliamentary system.

Causes of failure of
Constitution of 1962

Constitution given by one man

Absence of Check and Balance
Indirect Elections
Lack of Provincial Autonomy
Political Causes
Negation of Islamic Ideology
1965 War
Increase of Political Crises
Unpopular Presidential System
Presidential Dictatorship
Policy of Suppression of Fundamental Rights

Contd.
Conclusion
To conclude, it can be stated that main
objective of constitution of 1962 was not to
give nation a real democratic constitution, but
its objective was to keep military rule
continued under its umbrella. Although it
worked for military regime, yet it failed to gain
popularity among common masses. Its
unpopularity finally caused not only its failure,
but also failure of its presidential system.

Silent Features of Constitution of 1973

To conclude that the 1973 constitution of Islamic Republic of
Pakistan is a democratic state, parliamentary with
bicameral legislature in its nature. It is the constitution of
elected people. All major political parties of Pakistan
unanimously accepted it. Minorities also have safeguard
and fundamental rights in such constitution.
With regard to provincial rights the 1973 constitution was in
fact the most centralized of Pakistan's various constitutions.
The Government of India Act of 1935, which Pakistan
adopted as its first working constitution, granted the federal
government 96 items of power. The 1956 constitution
reduced that number to 49, and this was retained in the
1962 constitution. In 1973, however, it was then enlarged to
114.