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Constitutional development of Pakistan: Class 12 Pakistan Studies
The Objectives Resolution, the constitutions of 1956, 1962 and 1973, the martial laws, and the main amendments up to the 18th Amendment.
Key points
After independence, Pakistan was governed under the Government of India Act 1935, adapted as an interim constitution. The Constituent Assembly was given the work of framing a permanent constitution, but this took nearly nine years.
The Objectives Resolution was passed by the Constituent Assembly on 12 March 1949. It was moved by Liaquat Ali Khan, the first Prime Minister. It says that sovereignty belongs to Allah, that the state will exercise its powers through the chosen representatives of the people, and that democracy, freedom, equality, tolerance and social justice as taught by Islam will be fully observed. It later became the preamble of the constitutions, and in 1985 it was made a part of the 1973 Constitution.
The first constitution came into force on 23 March 1956. It made Pakistan an Islamic Republic with a parliamentary system and a single house of parliament, the National Assembly. East and West Pakistan had an equal number of seats, which is called parity. Urdu and Bengali were the national languages, and Iskander Mirza became the first President.
The 1956 Constitution lasted for only two and a half years. On 7 October 1958 President Iskander Mirza abolished it, dissolved the assemblies and imposed martial law. General Muhammad Ayub Khan was the chief martial law administrator, and he took over as President later in the month.
The 1962 Constitution:
- Was announced by Ayub Khan and came into force on 8 June 1962.
- Gave Pakistan a presidential system, in which the President was both the head of state and the head of government.
- Set up a system of basic democracies, in which about 80,000 elected Basic Democrats chose the President and the members of the assemblies.
- Had a single house of parliament, the National Assembly, and each province also had an assembly.
The 1962 Constitution ended in 1969 when Ayub Khan resigned and General Yahya Khan imposed martial law. The first general elections on the basis of adult franchise were held in December 1970. The Awami League won most of the seats in East Pakistan, but power was not handed over, and in 1971 East Pakistan became Bangladesh.
An interim constitution was brought in in 1972. The permanent Constitution of 1973 was passed by the National Assembly on 10 April 1973 with the support of all parties and came into force on 14 August 1973. It is still the law of the land.
Main features of the 1973 Constitution:
- A federal parliamentary system, with the President as the head of state and the Prime Minister as the head of government.
- A parliament of two houses: the National Assembly and the Senate.
- Islam is the state religion, and laws must not be against the injunctions of Islam. The Council of Islamic Ideology advises on this.
- A list of fundamental rights, and an independent judiciary headed by the Supreme Court.
The 1973 Constitution has been suspended or changed several times. Martial law was imposed by General Zia ul Haq in 1977, and the Eighth Amendment of 1985 gave the President the power to dismiss the National Assembly. This power was removed by the Thirteenth Amendment in 1997, restored in a changed form in 2003 and finally removed by the Eighteenth Amendment in 2010.
The Eighteenth Amendment of 2010 gave more powers to the provinces by abolishing the concurrent list, removed the President's power to dismiss the National Assembly, and changed the name of the North West Frontier Province to Khyber Pakhtunkhwa. It is considered the most important change to the Constitution since 1973.
Study tip: Make a timeline with the year, the constitution, the system of government and who ruled. Five lines on one page cover most questions on this chapter.
Definitions and flashcards
Say the meaning first, then open the card to check.
Constituent Assembly
A body elected to frame a constitution.
Objectives Resolution
The statement of the aims of the state passed in 1949.
Martial law
Rule by the armed forces, with the constitution suspended.
Amendment
A change made to the constitution.
Federation
A state in which power is shared between the centre and the provinces.
Bicameral
Having two houses of parliament.
Basic democracy
The system of Ayub Khan with elected local councillors who chose the President.
Parliamentary system
A system in which the Prime Minister and the cabinet are responsible to parliament.
Short questions with model answers
These are the kind of questions asked for 2, 3 and 5 marks. Try each one before opening the answer.
What is the Objectives Resolution? (3 marks)
It is a resolution passed by the Constituent Assembly on 12 March 1949. It was moved by Liaquat Ali Khan and states the aims of the state, such as sovereignty of Allah, democracy, equality, tolerance and social justice according to Islam. It became the preamble of the later constitutions.
Why was the first constitution of Pakistan delayed until 1956? (3 marks)
The Constituent Assembly was slow because of disputes over the share of seats between East and West Pakistan, the role of Islam, the language question, and the quarrels among politicians. The assembly was also dissolved in 1954.
Describe the main features of the 1956 Constitution. (5 marks)
It made Pakistan an Islamic Republic and gave it a parliamentary system with one house, the National Assembly. East and West Pakistan had equal seats. Urdu and Bengali were national languages. It had a list of fundamental rights and an independent judiciary, and the President was the head of state.
What was the system of basic democracies? (3 marks)
It was a system introduced by Ayub Khan in which about 80,000 local councillors, called Basic Democrats, were elected. They also formed the body that elected the President and the members of the assemblies.
Name the main features of the 1973 Constitution. (5 marks)
It is federal and parliamentary, with a President as head of state and a Prime Minister as head of government. Parliament has two houses, the National Assembly and the Senate. Islam is the state religion, and the Council of Islamic Ideology advises on laws. It guarantees fundamental rights and has an independent judiciary under the Supreme Court.
What were the main changes made by the Eighteenth Amendment? (5 marks)
It abolished the concurrent list and gave more powers to the provinces. It removed the power of the President to dismiss the National Assembly. It renamed the North West Frontier Province as Khyber Pakhtunkhwa.
Common mistakes
- Mixing up the dates of the constitutions. They are 1956, 1962 and 1973, and the 1973 Constitution was passed in April and enforced on 14 August.
- Saying that the 1956 Constitution gave a presidential system. It was parliamentary. The 1962 Constitution was presidential.
- Dating the Objectives Resolution in 1947 or 1948. It was passed on 12 March 1949.
- Writing that the 18th Amendment is the first change to the 1973 Constitution. There were many earlier amendments, and this one is the most far reaching.