Constitution of Pakistan of 1956
Encyclopedia
The Constitution of 1956 was the fundamental law of Pakistan
from March 1956 until the Revolution of October 1958.
in 1947. Under Section 8 of the Indian Independence Act, 1947
, the Government of India Act, 1935
became, with certain adaptations, the working constitution of Pakistan. But the need of a constitution to be framed by the elected representatives of the people, was all the more necessary for the free citizens of a sovereign state
. Therefore the first Constituent Assembly
was formed under the Independence Act and was entrusted with two separate functions:
The powers and functions of the central legislature under the Government of India Act were conferred on the Constituent Assembly. The Constituent Assembly could, however, amend the Indian Independence Act, 1947 or the Government of India Act, 1935, and no Act of the British Parliament
could be extended to Pakistan without legislation by the Constituent Assembly. The first Constituent Assembly originally consisted of 69 members; subsequently the number of members was increased to 79
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. While moving the Resolution, he said:
The resolution was debated for five days. The leading members of the government and a large number of non-Muslim members, especially from East Bengal, took a prominent part. Non-Muslim members expressed grave apprehensions about their position and role in the new policy. Hindu
members of the Constitutional Assembly argued that the Objectives Resolution differed with Muhammad Ali Jinnah's (Quaid-e-Azam) view in all the basic points. Sris Chandra Chattopadhyaya said:
Birat Chandra Mandal declared that Jinnah had "unequivocally said that Pakistan will be a secular state
." Bhupendra Kumar Datta
went a step further: "...were this resolution to come before this house within the life-time of the Great Creator of Pakistan, the Quaid-i-Azam, it would not have come in its present shape...."
After nine years of efforts, Pakistan was successful in framing a constitution. The Constituent Assembly adopted it on 29 February 1956, and it was enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic
.
with the principle of parity between East Pakistan
and West Pakistan
. The Federal Legislature was to perform like the British Parliament. The Centre was invested with such powers as to take unilateral action in emergency and it could influence the provincial autonomy.
The Constitution of 1956 provided for the parliamentary form of government, where real executive authority was vested in a cabinet
, collectively responsible to the legislature
. The cabinet was presided over by the Prime Minister. The Constitution declared that there would be only one house of parliament known as the National Assembly and equality between the two Wings (i.e. East Pakistan and West Pakistan) was maintained in it. The Governor General
was replaced by a President, who was to be elected by the Electoral College of Pakistan
composed of members of the National Assembly and Provincial Assembly.
Familiar democratic rights and freedoms such as freedom of speech
and expression, of assembly and association, of movement and of profession were all provided in the Constitution, with the usual qualifications. With regards to civil rights, familiar rights such as rights of life
, liberty
and property were granted, again with the usual qualifications and safeguards. The judiciary
was given power to enforce the fundamental rights and the courts were to decide if a law was repugnant to any provisions of the fundamental rights.
As per the Constitution, Urdu
and Bengali
were made national language
s.
and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator
and Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator. However, three weeks later General Ayub—who had been openly questioning the authority of the government prior to the imposition of martial law—deposed Iskandar Mirza on 27 October 1958 and assumed the presidency that practically formalized the militarization of the political system in Pakistan. Four years later a new document, Constitution of 1962
was adopted. This was eventually succeeded by the Constitution of 1973
, current .
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
from March 1956 until the Revolution of October 1958.
Origins
Pakistan became independent of the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in 1947. Under Section 8 of the Indian Independence Act, 1947
Indian Independence Act 1947
The Indian Independence Act 1947 was as an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan...
, the Government of India Act, 1935
Government of India Act 1935
The Government of India Act 1935 was originally passed in August 1935 , and is said to have been the longest Act of Parliament ever enacted by that time. Because of its length, the Act was retroactively split by the Government of India Act 1935 into two separate Acts:# The Government of India...
became, with certain adaptations, the working constitution of Pakistan. But the need of a constitution to be framed by the elected representatives of the people, was all the more necessary for the free citizens of a sovereign state
Sovereign state
A sovereign state, or simply, state, is a state with a defined territory on which it exercises internal and external sovereignty, a permanent population, a government, and the capacity to enter into relations with other sovereign states. It is also normally understood to be a state which is neither...
. Therefore the first Constituent Assembly
Constituent Assembly of Pakistan
The Constituent Assembly of Pakistan was formed to write Pakistan's constitution, and serve as its first parliament. It first convened on 11 August 1947, before the end of British rule on August 15, 1947. Quaid-i-Azam Muhammad Ali Jinnah was the first President of this Assembly until his death on...
was formed under the Independence Act and was entrusted with two separate functions:
- To frame a Constitution for the country, and
- To set as a Federal Legislative Assembly or Parliament until that Constitution came into effect.
The powers and functions of the central legislature under the Government of India Act were conferred on the Constituent Assembly. The Constituent Assembly could, however, amend the Indian Independence Act, 1947 or the Government of India Act, 1935, and no Act of the British Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
could be extended to Pakistan without legislation by the Constituent Assembly. The first Constituent Assembly originally consisted of 69 members; subsequently the number of members was increased to 79
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
Objectives Resolution
The Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly of Pakistan. The resolution, proposed by the Prime Minister, Liaquat Ali Khan, proclaimed that the future constitution of Pakistan would not be modelled entirely on a European pattern, but on the...
. It laid the foundation of the constitution and indicated the broad outline of its structure. The resolution was moved by Liaquat Ali Khan
Liaquat Ali Khan
For other people with the same or similar name, see Liaqat Ali Nawabzada Liaquat Ali Khan was a Pakistani statesman who became the first Prime Minister of Pakistan, Defence minister and Commonwealth, Kashmir Affairs...
, the first Prime Minister of Pakistan. While moving the Resolution, he said:
The resolution was debated for five days. The leading members of the government and a large number of non-Muslim members, especially from East Bengal, took a prominent part. Non-Muslim members expressed grave apprehensions about their position and role in the new policy. Hindu
Hinduism
Hinduism is the predominant and indigenous religious tradition of the Indian Subcontinent. Hinduism is known to its followers as , amongst many other expressions...
members of the Constitutional Assembly argued that the Objectives Resolution differed with Muhammad Ali Jinnah's (Quaid-e-Azam) view in all the basic points. Sris Chandra Chattopadhyaya said:
Birat Chandra Mandal declared that Jinnah had "unequivocally said that Pakistan will be a secular state
Secular state
A secular state is a concept of secularism, whereby a state or country purports to be officially neutral in matters of religion, supporting neither religion nor irreligion. A secular state also claims to treat all its citizens equally regardless of religion, and claims to avoid preferential...
." Bhupendra Kumar Datta
Bhupendra Kumar Datta
Bhupendra Kumar Dutta was a Indian militant and revolutionary who fought for Indian independence from British rule...
went a step further: "...were this resolution to come before this house within the life-time of the Great Creator of Pakistan, the Quaid-i-Azam, it would not have come in its present shape...."
After nine years of efforts, Pakistan was successful in framing a constitution. The Constituent Assembly adopted it on 29 February 1956, and it was enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic
Islamic republic
Islamic republic is the name given to several states in the Muslim world including the Islamic Republics of Pakistan, Iran, Afghanistan, and Mauritania. Pakistan adopted the title under the constitution of 1956. Mauritania adopted it on 28 November 1958. Iran adopted it after the 1979 Iranian...
.
Provisions
The Constitution of 1956 was lengthy and detailed; it contained 234 articles divided into thirteen parts and six schedules. The Constitution of 1956 provided for federal systemFederalism
Federalism is a political concept in which a group of members are bound together by covenant with a governing representative head. The term "federalism" is also used to describe a system of the government in which sovereignty is constitutionally divided between a central governing authority and...
with the principle of parity between East Pakistan
East Pakistan
East Pakistan was a provincial state of Pakistan established in 14 August 1947. The provincial state existed until its declaration of independence on 26 March 1971 as the independent nation of Bangladesh. Pakistan recognized the new nation on 16 December 1971. East Pakistan was created from Bengal...
and West Pakistan
West Pakistan
West Pakistan , common name West-Pakistan , in the period between its establishment on 22 November 1955 to disintegration on December 16, 1971. This period, during which, Pakistan was divided, ended when East-Pakistan was disintegrated and succeeded to become which is now what is known as Bangladesh...
. The Federal Legislature was to perform like the British Parliament. The Centre was invested with such powers as to take unilateral action in emergency and it could influence the provincial autonomy.
The Constitution of 1956 provided for the parliamentary form of government, where real executive authority was vested in a cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, collectively responsible to the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
. The cabinet was presided over by the Prime Minister. The Constitution declared that there would be only one house of parliament known as the National Assembly and equality between the two Wings (i.e. East Pakistan and West Pakistan) was maintained in it. The Governor General
Governor-General of Pakistan
The Governor-General of Pakistan was the representative in Pakistan of the Crown from the country's independence in 1947. When Pakistan was proclaimed a republic in 1956 the connection with the British monarchy ended, and the office of Governor-General was abolished.-History:Pakistan gained...
was replaced by a President, who was to be elected by the Electoral College of Pakistan
Electoral College of Pakistan
The President of Pakistan is chosen by an electoral college, in Pakistan. According to article 41 of the 1973 Constitution of Pakistan, this electoral college consists of the Senate, the National Assembly of Pakistan, and the Members of the Provincial Assemblies. Members of the National Assembly...
composed of members of the National Assembly and Provincial Assembly.
Familiar democratic rights and freedoms such as freedom of speech
Freedom of speech
Freedom of speech is the freedom to speak freely without censorship. The term freedom of expression is sometimes used synonymously, but includes any act of seeking, receiving and imparting information or ideas, regardless of the medium used...
and expression, of assembly and association, of movement and of profession were all provided in the Constitution, with the usual qualifications. With regards to civil rights, familiar rights such as rights of life
Right to life
Right to life is a phrase that describes the belief that a human being has an essential right to live, particularly that a human being has the right not to be killed by another human being...
, liberty
Liberty
Liberty is a moral and political principle, or Right, that identifies the condition in which human beings are able to govern themselves, to behave according to their own free will, and take responsibility for their actions...
and property were granted, again with the usual qualifications and safeguards. The judiciary
Judiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
was given power to enforce the fundamental rights and the courts were to decide if a law was repugnant to any provisions of the fundamental rights.
As per the Constitution, Urdu
Urdu
Urdu is a register of the Hindustani language that is identified with Muslims in South Asia. It belongs to the Indo-European family. Urdu is the national language and lingua franca of Pakistan. It is also widely spoken in some regions of India, where it is one of the 22 scheduled languages and an...
and Bengali
Bengali language
Bengali or Bangla is an eastern Indo-Aryan language. It is native to the region of eastern South Asia known as Bengal, which comprises present day Bangladesh, the Indian state of West Bengal, and parts of the Indian states of Tripura and Assam. It is written with the Bengali script...
were made national language
National language
A national language is a language which has some connection—de facto or de jure—with a people and perhaps by extension the territory they occupy. The term is used variously. A national language may for instance represent the national identity of a nation or country...
s.
Salient Features
- Written Constitution - This is a written and lengthy document.
- Rigid Constitution - The constitution could only be amended through a process requiring the amendment to be passed by at least a two-thirds majority of the parliament and authentication by the President.
- Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of Pakistan.
- Objectives ResolutionObjectives ResolutionThe Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly of Pakistan. The resolution, proposed by the Prime Minister, Liaquat Ali Khan, proclaimed that the future constitution of Pakistan would not be modelled entirely on a European pattern, but on the...
- The objective resolution was included as permeable by the constitution. - Federal System - The constitution provides for a federal system in the country. Powers was divided between the centre and the provinces. The subjects were divided into three lists; The Federal List, The Provincial List, and the Concurrent List.
- Unicameral LegislatureLegislatureA legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
- The legislature would consist of a single house. Both the wings of the country were given representation in the National Assembly. The National Assembly consisted of 300 members. 150 members were drawn from each wing. - Parliamentary System - a parliamentary system was adopted, according to it the president was the head of stateHead of StateA head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and the Prime Minister the head of governmentHead of governmentHead of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
. - The President - required to be a MuslimMuslimA Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
of at least forty years of age. The tenure of his office was five years. In case of internal or external danger he could declare a state of emergencyState of emergencyA state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
in the country. He was authorized to appoint the Governors, the JudgeJudgeA judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
s of the Supreme CourtSupreme courtA supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
, Auditor GeneralAuditor General of PakistanThe Auditor General of Pakistan or Auditor General is an government organization and the prime institution in the country for ensuring public accountability and fiscal transparency in governmental operations...
and the Advocate GeneralAdvocate GeneralAn Advocate General is a senior law officer of a country or other jurisdiction, usually charged with advising the courts or Government on legal matters.-India:In India, an Advocate General is a legal adviser to a state government...
. - The Prime Minister - He was to be the leader of the Parliamentary group and was thus indirectly elected by the people. He could choose his cabinetCabinet (government)A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
from the members of the National Assembly; the cabinet was answerable to the Assembly. - Provincial Autonomy - Curtailed in the constitution to a great extent.
- Islamic Law - no law would be passed against the teachings of the Quran and SunnahSunnahThe word literally means a clear, well trodden, busy and plain surfaced road. In the discussion of the sources of religion, Sunnah denotes the practice of Prophet Muhammad that he taught and practically instituted as a teacher of the sharī‘ah and the best exemplar...
. - Free Judiciary - An independent judiciary in the country. A Supreme Court interpreted the constitution, advised the state whenever required, and decided the issues whenever required.
- Fundamental Rights - included freedom of movement, freedom of speech and expression, freedom to choose profession and freedom to profess religion. Right to life, liberty, and property.
- Language - UrduUrduUrdu is a register of the Hindustani language that is identified with Muslims in South Asia. It belongs to the Indo-European family. Urdu is the national language and lingua franca of Pakistan. It is also widely spoken in some regions of India, where it is one of the 22 scheduled languages and an...
& BengaliBengali languageBengali or Bangla is an eastern Indo-Aryan language. It is native to the region of eastern South Asia known as Bengal, which comprises present day Bangladesh, the Indian state of West Bengal, and parts of the Indian states of Tripura and Assam. It is written with the Bengali script...
were made national languages.
Islamic provisions
- Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of Pakistan.
- Objectives ResolutionObjectives ResolutionThe Objectives Resolution was a resolution adopted on 12 March 1949 by the Constituent Assembly of Pakistan. The resolution, proposed by the Prime Minister, Liaquat Ali Khan, proclaimed that the future constitution of Pakistan would not be modelled entirely on a European pattern, but on the...
- Included as preamble to the constitution. - Islamic Law - No Law would be passed against the teachings of the Quran and Sunnah, and existing laws would be made Islamic in character.
- Muslim President - a requirement.
- Religious Freedom - Freedom to profess, practice and propagate any religion and the right to establish, maintain and manage religious institutions.
- Life According to the Holy Quran and Sunnah- According to the directive principles, steps were to be taken to enable the Muslims of Pakistan individually and collectively to order their lives in accordance with the Holy Quran and Sunnah.
- Teachings of the Holy Quran - Were to be made compulsory for all Muslims.
- Slavery and forced labour were sex each other
- Alcohol and narcotics - sale was banned and were prohibited
- Prostitution - was prohibited
- Special tax - No person should be compelled to pay any special tax whose proceeds were to be spent on the propagation of any religion other than the person's own.
- Unity among Muslim countries - States were required to strengthen the bonds of Muslims.
- Organization for Islamic Research and Instructions - The president was required to set up an organization for Islamic Research and Instruction in advanced studies to assist in the reconstruction of Muslim society on a true Islamic basis.
Drawbacks of the Constitution of 1956
- A far-reaching devolution of power already a political reality, was not given a constitutional recognition and accepted as the basis of the stale,
- The federal list was substantially reduced and the provincial list greatly enlarged, transferring to the provinces, among other things, control over mineral resources, recruitment of services, industries, internal communications and the tribal areas in the North West Frontier. This was contrary to the practice of advanced countries where the deferral principle has been used in building up a common nationhood through a strong centre. The constitution in Pakistan instead of being an instrument for unity a country already divided by geography, sought to create two distinct political entities with maximum autonomy in the management of their affairs.
- Regional loyalties were further consolidated by the introduction of parity of representation the National Assembly. The constitution was concerned in the belief that the political life of the country would always be tied to provincial moorings and will never rise a higher plane of nationalism in which party affiliations would cut across the physical barriers. Parity 'was certain to foster parochial feeling equally in the region in whose favor it was to operate and in the region whose interests were adversely affected by it.
Demise
On 7 October 1958, President Iskander Mirza staged a coup d'état. He abrogated the constitution, imposed martial lawMartial law
Martial law is the imposition of military rule by military authorities over designated regions on an emergency basis— only temporary—when the civilian government or civilian authorities fail to function effectively , when there are extensive riots and protests, or when the disobedience of the law...
and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator
Chief Martial Law Administrator
The office of the Chief Martial Law Administrator was a senior government post created in countries such as Pakistan, Bangladesh and Indonesia that gave considerable executive authority and powers to the holder of the post to enforce martial law in the country. This office has been used mostly by...
and Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator. However, three weeks later General Ayub—who had been openly questioning the authority of the government prior to the imposition of martial law—deposed Iskandar Mirza on 27 October 1958 and assumed the presidency that practically formalized the militarization of the political system in Pakistan. Four years later a new document, Constitution of 1962
Constitution of Pakistan of 1962
The Constitution of 1962 was the fundamental law of Pakistan from June 1962 until martial law was declared in March 1969. It was eventually replaced by the current Constitution of 1973.-Origins:...
was adopted. This was eventually succeeded by the Constitution of 1973
Constitution of Pakistan
The Constitution of the Islamic Republic of Pakistan is the supreme law of Pakistan. Known as the Constitution of 1973, it was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973...
, current .