Constitutional History of Pakistan
1. Three constituent assemblies (1947-1954, 1955-1956, 1972-1973)
having dual role.
2. Core of reasons for delaying of constitution: Exact role of religion in
state, cultural and linguistic differences, lack of mutual consensus,
unduly delays by politicians.
3. Objective resolution presented on 7th March 1949, passed
on 12th March 1949.
4. 12th March 1949 BPC set up.
5. First Draft 28th Sept 1950: Bicameral legislation, Head of
state for 5 years and no more than 2 terms, Urdu national
language. Rejected due to agitation from East Pakistan
majority converted to minority, language issues and not
bearing Islamic character.
6. Second Draft 22nd Dec 1952 (parity proposal): Muslim head
of state, Bicameral legislature (120,400) with equal
representation, 5-year term for legislature. Rejected due
to agitation from West for less representation in Upper
house, agitation from East for less representation, and
ulmas board to review legislation.
7. Third Draft 7th October 1953 (Muhammad Ali Bogra): (165-
135,10-40) draft accepted, promulgation announced 25 th
Dec 1954. However, Malik Ghulam Muhammad dissolved
the constituent assembly on 24th Oct 1954 in retaliation of
acts aimed to clip its powers.
8. 2nd Constituent assembly 1955: 80 members, Ch M Ali
leader, West Pakistan act 30th Sept 1955. Fourth draft
presented, accepted and enforced on 23rd March 1956.
1956 Constitution: 234 Articles,
13 Parts and 6 schedules
i) President head of state, selected by joint session, 40 + year old
Muslim, five-year duration. He appoints pm, governors, judges,
could dissolve NA, veto power to reject bill. Power to declare
emergency
ii) Unicameral NA 300 members divided among E&W Pakistan.
iii) Governor likewise President, appoints CM. Provincial assembly 80
members.
iv) Islamic republic of Pakistan, no law detrimental to Islam shall be
enacted, Islamic advisory council to be setup, sovereignty of God
Almighty, Head of state to be Muslim.
v) Fundamental rights (Habeas corpus)
vi) Supreme court jurisdiction (Cj+6 Judges, 2 HC Lahore & Dhaka,
Original + appellate + interpretation)
vii) Food, Culture & Clothing insurance. Improving living standard,
discouraging racial statement, abolition of illiteracy, promotion of
peace, parity between east and west, Rabah free economy.
viii) New election within 6 months.
Failure: (Abrogated on 8th October 1958)
i) Weak parliamentary system
ii) Lack of Islamic provision (no state religion, indirectly president non-
Muslim)
iii) Political tussles (within 2 years, 4 ministers, 1 unit issue)
iv) Inefficiency, corruption, weak institutions
1962 Constitution: 250 Articles,
12 Parts, 3 Schedules
Background: Constitution commission Justice Shahab ud din head 6 may
1961 report Bicameral presidential system Sardar Habib ul ullah
descanted note
Promulgated on 1st March 1962, came in to effect on 8th June 1962.
i) Presidential system, President Muslim 40+years, elected by 80,000
BD, removal through impeachment. Veto powers, all appointments,
emergency powers.
ii) Unicameral legislature, 156 increased to 218 (200 + 10 women+ 10
intellectuals), very little powers.
iii) Initially Republic of Pakistan but after 1st amendment changed to
Islamic republic of Pakistan.
iv)
Constitution disbanded on 25th March 1969. Yahya khan presented his LFO
and presented constitutional formula NA 313 members (169-144) in Dec
1970. AL won 167, PPP majority party in west Pak.
NA appointed committee for constitution drafting on April 17, 1972 under
Abdul Hafeez Pasha who presented the draft constitution on 2 nd Feb 1973.
1973 Constitution: 280 Articles,7
Schedules
Promulgated by President on 12 April 1973, was enforced on 14th Aug 1973.
i) President Muslim for two terms max, elected by joint session, removal through
impeachment. Emergency powers.
ii) PM executive head
iii) Parliamentary form of government, Bicameral legislature, Lower house 342 seats
(272 General +60 women) and Senate 100
1956 1962 1973
Length 234 Articles, 13 Parts, 250 Articles, 12 Parts, 3 280 Articles, 12 Parts, 5
6 Schedules Schedules Schedules (2 schedules
removed)
Form of Govt Parliamentary Presidential Parliamentary
Legislators Unicameral (300) Unicameral Bicameral (272+60,96)
(200+10+8)
President HOS 40+ Muslim, by HOS 35+ Muslim, by HOS 45+ Muslim, by
joint session, Veto & 80,000 BD, Joint session
Emergency powers Impeachment
Name Islamic Republic of Republic of Pakistan Islamic republic of
Pakistan Pakistan
Islamic No Islamic Research Inst. Council of Islamic
Institutions No state religion Advisory council of Ideology
Islamic ideology, No Federal Shariah Court
state religion Islam
Subjects Federal + Provincial + Central + Provincial Federal
Concurrent
Concept of No concept Referendum institution President has authority
Referendum was made to hold referendum
1973 Constitution:
Part 1: Introductory (1-6)
Article # Description
2 State religion
2A Objective Resolution
3 Exploitation
4 Right of Individual
5 Loyalty to State & Constitution obedience
6 High treason
Part 2: Fundamental Rights & Principles of Policy
Article # Description
8 No law inconsistent with fundamental rights
9 Security of person
10 Safeguard as to arrest and detention
10A Right to fair trail
11 Slavery, forced labor
13 Self-incrimination
15 Freedom of Movement
16 Freed of Assembly
17 Freedom of Association, source of association
19 Freedom of Speech
19A Right to Information
20 Freedom to profess religion
24 Protection of Property
25 Equality for all
25A Right to Education
27 No discrimination in services
Article # Description
29 Policy principles
31 Islamic way of Life
32 Promotion of Local Govt
33 Discouraging of racial sectarian provincial prejudices
34 Participation of Women
35 Protection of family
36 Protection of minorities
38 Eliminate Rabah
40 Promoting internation police + relations with Muslim world
Important Cases:
1. P.L.D 1958 SC 553 State vs Dosso Legalizes 1958 martial law
Kelson’s theory
Important Events:
1. Merging of FATA in 25th Amendment
