Constitution of Pakistan

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About: the current constitution of Pakistan, adopted in 1973

For other uses, see Constitution of Pakistan of 1956.

the one adopted in 1962

Template:EngvarB Template:Infobox constitutionTemplate:Contains special characters Template:Politics of Pakistan

The Constitution of Pakistan (Template:Lang-ur; also called the 1973 Constitution) stands as the supreme legal authority in the country. It governs Pakistan’s legal framework, political ethos, and institutional structure, defining the state’s framework, citizens’ fundamental rights, legal and administrative order, as well as the organisation and functions of state institutions and the armed forces.[1]

Formulated under the leadership of Zulfikar Ali Bhutto’s government, with contributions from opposition parties, it was adopted unanimously by the 5th Parliament on 10 April and formally enacted on 14 August 1973. The initial three chapters delineate the roles, authority, and separation of powers among the three branches of government: a bicameral legislature, an executive branch led by the prime minister as chief executive, and a federal judiciary with the Supreme Court at its apex.[2][3]

The Constitution designates the President of Pakistan as a ceremonial Head of State, tasked with symbolising national unity.[4] The first six articles establish the political system as a federal parliamentary republic and declare Islam the state religion.[5] Additionally, the Constitution incorporates provisions requiring the legal system to align with Islamic principles as enshrined in the Quran and Sunnah.[6]

Origins and historical background

In a radio talk addressed to the people of Pakistan, broadcast in February 1948, Jinnah expressed his views regarding Pakistan's constitution-to-be in the following way:

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Pakistan ws created in 1947 as a Dominion within the British Commonwealth, sharing this constitutional. During Pakistan's formative years, the British monarch concurrently served as the nation's head of state, a practice similar to that maintained in Commonwealth countries like Canada and Australia. Prior to constitution drafting, the Constituent Assembly adopted the Objectives Resolution in March 1949, following advocacy from religious scholars (ulama) and Jamaat-e-Islami, to establish fundamental guiding principles for the nascent state and affirm divine sovereignty over creation. This resolution embraced democratic governance while incorporating religious provisions to facilitate societal adherence to Quranic and Sunnah principles. Subsequently, the Objectives Resolution has been incorporated as a preamble into each of Pakistan's subsequent constitutional frameworks.[7]

Pakistan transitioned to a republic upon the adoption of its first constitution in 1956, though this constitutional framework was nullified in 1958 following a military coup d'état. The nation's second constitution received approval in 1962, concentrating executive authority in the presidency while eliminating the prime ministerial office. This constitutional arrangement formally institutionalised military involvement in governance by stipulating that for a period of twenty years, either the president or defence minister must have attained the rank of lieutenant-general or higher in the armed forces.[8] The 1962 constitution remained suspended from 1969 until its complete abrogation in 1972.[9]

The 1973 constitution marked Pakistan's first instance of constitutional drafting by elected representatives. In contrast to its predecessor, this framework established a parliamentary democratic system with executive authority vested in the prime minister's office, while the president's role as formal head of state became restricted to acting upon the prime minister's counsel. The constitution mandates that all legislation must align with Islamic principles as prescribed in the Quran and Sunnah. Additionally, the 1973 Constitution established specialized institutions including the Shariat Court and the Council of Islamic Ideology to oversee Islamic interpretation and application within the legal system.[10]

Following a military coup in 1977, Pakistan's constitution remained in abeyance until its purported restoration in 1985, though this restoration incorporated the Eighth Amendment which redistributed authority from parliamentary institutions and the prime minister's office to the presidency. The Seventeenth Amendment of 2004 further reinforced this power transition. However, the Eighteenth amendment enacted in 2010 curtailed presidential powers, effectively re-establishing Pakistan's governmental structure as a parliamentary republic.Template:Citation needed

Previous legislation as inspiration

The successful Pakistan movement culminated in the creation of Pakistan in 1947, after the British Indian Empire was partitioned into two sovereign dominions: the Dominion of India and the Dominion of Pakistan.

The Government of India Act 1935 heavily shaped the legal framework of the new state, serving as its de‑facto constitutional instrument until a home‑grown constitution was adopted in 1956. In 1950, Prime Minister Liaquat Ali Khan prepared the initial annexure that laid the groundwork for drafting a national constitution. Following the election of the first Constituent Assembly in 1947, the body completed and promulgated Pakistan’s inaugural constitution in 1956.

Constitution of Pakistan 1956

Following the adoption of India’s Constitution in 1950, Pakistani legislators were spurred to commence work on their own constitutional charter. Under the leadership of Prime Minister Chaudhry Muhammad Ali, the government entered into negotiations with opposition parties to devise a document that would codify the nation’s governing principles.

These joint efforts resulted in the proclamation of Pakistan’s inaugural constitution on 23 March 1956, a date now commemorated annually as Republic Day. The constitution instituted a parliamentary system headed by a prime minister and introduced a unicameral National Assembly. It also formally renamed the state the Islamic Republic of Pakistan, embedding the principle of parity between East and West Pakistan. The principal features were:

  • State designation – Islamic Republic of Pakistan adopted as the official name.
  • Objectives Resolution – incorporated as the preamble, reflecting the nation’s guiding ideals.
  • Government structure – parliamentary, with the prime minister as chief executive.
  • Legislature – a single National Assembly of 300 members, equally apportioned (150 from each wing).
  • President – required to be a Muslim; served as a ceremonial head of state with authority to declare a state of emergency under internal or external threats.
  • Islamic law – legislation could not contravene the Quran and Sunnah.
  • Judiciary – an independent Supreme Court acting as the apex court and final arbiter.
  • Fundamental rights – guaranteed freedoms of movement, speech, profession, religion, and the rights to life, liberty and property.
  • Official languages – English, Urdu and Bengali recognised as national languages.

By virtue of the 1956 Constitution, Iskander Mirza assumed the office of Pakistan’s first president; however, his continual personal interference in national affairs, contrary to constitutional limits, prompted the dismissal of four elected prime ministers within a two‑year period.

On 7 October 1958, Mirza staged a coup d’état, suspended the Constitution, imposed martial law and installed General Ayub Khan, then army chief, as Chief Martial Law Administrator.

Just three weeks later, on 27 October 1958, General Ayub Khan removed Mirza from power, declared the presidency vacant and proclaimed himself the new president of Pakistan.[11]

Constitution of Pakistan of 1962

In February 1960, President Ayub Khan set up a Constitution Commission chaired by former Chief Justice Muhammad Shahabuddin to prepare a new constitutional framework for Pakistan. The commission submitted its report on 6 May 1961.

After reviewing the commission’s recommendations, President Ayub altered the draft substantially, producing a text that differed markedly from the version proposed by Justice Shahabuddin. The revised constitution was promulgated on 8 June 1962 and remained in force until it was abrogated in 1969.

Key features of the 1962 Constitution:

  • Presidential system – executive authority was vested in a powerful president, who could appoint ministers without parliamentary approval and exercise extensive emergency powers.
  • Enhanced presidential powers – the president could issue ordinances, dissolve the National Assembly, and was protected from impeachment except under stringent conditions.
  • Islamic Ideology Council – the constitution reinforced the role of the Advisory Council of Islamic Ideology, tasked with ensuring that legislation conformed to the Qur’an and Sunnah.

Following President Ayub Khan’s invitation, General Yahya Khan, the Chief of Army Staff, assumed control of the country by imposing martial law. Upon taking office, he addressed long-standing public demands by dismantling the One Unit Scheme in West Pakistan and announced nationwide general elections based on the principle of universal adult franchise.

Despite widespread expectations that a National Assembly would be constituted through free and fair polls, the military government, including President Yahya himself, made no substantive effort to draft a constitution. The only notable legal measure issued during this period was an extrajudicial order in 1970. To facilitate the elections, President Yahya promulgated the Legal Framework Order (LFO) on 30 March 1970, which outlined the foundational principles for the future constitution, as well as the structure and composition of the national and provincial legislatures.

The general elections, held simultaneously across the country in December 1970 for both the National Assembly and the five provincial assemblies, resulted in a decisive mandate for the Awami League (AL) in East Pakistan. However, the party failed to secure significant representation in any of the four provinces of West Pakistan. Meanwhile, the Pakistan People’s Party (PPP), led by Zulfikar Ali Bhutto, secured victories in Punjab and Sindh but did not perform well in East Pakistan, the North-West Frontier Province (NWFP), or Balochistan.

References

  1. ↑ Sharia, Muslim states and international human rights treaty obligations : a comparative study{{#if:Abiad|, Abiad}. British Institute of International and Comparative Law(2008). ISBN 978-1-905221-41-7
  2. ↑ The Constitution of 1973', Enterprise Team(1 June 2003). Retrieved 15 October 2011.
  3. ↑ The Constitution of Pakistan. pakistani.org. Retrieved 22 January 2013.
  4. ↑ Part III. The Federation of Pakistan: Chapter 1; The President. Retrieved 22 January 2013.
  5. ↑ First Six Articles..
  6. ↑ The Right to Development in International Law: The Case of Pakistan{{#if:Iqbal|, Iqbal}. Routledge(2009). ISBN 978-1-134-01999-1
  7. ↑ Pakistan{{#if:Hussain|, Hussain}
  8. ↑ Backgrounder. Pakistan's Constitution Template:Webarchive Author: Jayshree Bajoria | Council on Foreign Relations | Updated: 21 April 2010
  9. ↑ Islamization of Laws and Economy, Case Studies on Pakistan by Charles Kennedy (Institute of Policy Studies, The Islamic Foundation, 1996, p.85)
  10. ↑ Islam, Law and Identity{{#if:|, {{{last}}}}. Routledge(2011). ISBN 978-1-136-67565-2
  11. ↑ Islamic Pakistan. ghazali.net. Retrieved 8 May 2018.
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