Constitutions of Pakistan (1956, 1962 and 1973)
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.
Pakistan became independent of the United Kingdom 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. There were three constitutions beginning by 1956 constitution, then 1962 constitution and then the last was 1973 constitution.
The first Constituent Assembly was formed under the ‘Independence Act’ and was entrusted with the task to formulate a constitution for Pakistan.
After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956. Pakistan's status as a dominion ended and the country was declared an Islamic Republic of Pakistan. Thereupon the Constituent Assembly of Pakistan became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President of Pakistan.
One of the main features of the Constitution was its Islamic character. The president, who was required to be a Muslim of at least 40 years of age He was to set up an organization for Islamic research with the aim of establishing a true Islamic society. The Objectives Resolution was, however, only made the preamble of the Constitution and not included in its main text.
The President had the power to appoint the Prime Minister from amongst the members of the National Assembly. However, his appointee had to take a vote of confidence from the Assembly within two months of his appointment. The President also had the power to remove the Prime Minister if he felt that the Prime Minister had lost the confidence of the majority of the National Assembly members.
The Constitution of 1956 provided for parliamentary form of government with a unicameral legislature. The Constitution recognized the concept of One Unit, and the seats were divided equally between the two wings of the country. Thus the principle of parity was introduced. For the first ten years, five additional seats were reserved for women for each wing. National Assembly was to meet at least twice a year with at least one session at Dhaka. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.
The Constitution of 1956 proved to be short lived as on 7 October 1958, President Iskander Mirza staged a coup d'état. He abrogated the constitution, imposed martial law and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator.
The 1962 constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan. Both the provinces would run their separate provincial governments. The President was the head of the state as well as the head of the Government. . The minimum age was 35 years and he could not hold the position for two consecutive terms and the term, was of five years.
The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions.
Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.
According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session.
The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government. There was a federal list of subjects over which the provinces had no jurisdiction. Governors were to enjoy the same position in the provinces, which the President was to enjoy in the centre.
Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the ‘Republic of Pakistan’, but the first amendment added the word "Islamic" to the name. The word "Islam" and not "Quran and Sunnah" was used in the Islamic clauses to give a liberal touch to the Constitution.
Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official language of the country for the first ten years. When Ayub Khan handed over
The first Constituent Assembly was formed under the ‘Independence Act’ and was entrusted with the task to formulate a constitution for Pakistan.
After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956. Pakistan's status as a dominion ended and the country was declared an Islamic Republic of Pakistan. Thereupon the Constituent Assembly of Pakistan became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President of Pakistan.
One of the main features of the Constitution was its Islamic character. The president, who was required to be a Muslim of at least 40 years of age He was to set up an organization for Islamic research with the aim of establishing a true Islamic society. The Objectives Resolution was, however, only made the preamble of the Constitution and not included in its main text.
The President had the power to appoint the Prime Minister from amongst the members of the National Assembly. However, his appointee had to take a vote of confidence from the Assembly within two months of his appointment. The President also had the power to remove the Prime Minister if he felt that the Prime Minister had lost the confidence of the majority of the National Assembly members.
The Constitution of 1956 provided for parliamentary form of government with a unicameral legislature. The Constitution recognized the concept of One Unit, and the seats were divided equally between the two wings of the country. Thus the principle of parity was introduced. For the first ten years, five additional seats were reserved for women for each wing. National Assembly was to meet at least twice a year with at least one session at Dhaka. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.
The Constitution of 1956 proved to be short lived as on 7 October 1958, President Iskander Mirza staged a coup d'état. He abrogated the constitution, imposed martial law and appointed General Muhammad Ayub Khan as the Chief Martial Law Administrator.
The 1962 constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan. Both the provinces would run their separate provincial governments. The President was the head of the state as well as the head of the Government. . The minimum age was 35 years and he could not hold the position for two consecutive terms and the term, was of five years.
The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions.
Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.
According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session.
The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government. There was a federal list of subjects over which the provinces had no jurisdiction. Governors were to enjoy the same position in the provinces, which the President was to enjoy in the centre.
Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the ‘Republic of Pakistan’, but the first amendment added the word "Islamic" to the name. The word "Islam" and not "Quran and Sunnah" was used in the Islamic clauses to give a liberal touch to the Constitution.
Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official language of the country for the first ten years. When Ayub Khan handed over
After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956.
power to Yahya Khan, Martial Law was enforced in the country and the Constitution was terminated on March 25, 1969.
There was no restriction of religion for a person holding the office of the Speaker of the National Assembly. Secondly, if the President resigns from his office or vote of no-confidence passes against him, then according to the Constitution the Speaker would act as the President of the State till the election of new President. Under these special circumstances, a non-Muslim might get the chance to be an acting President of Pakistan...
The 1973 Constitution was the first achievement of Bhutto Government. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.
The Constitution was parliamentary in nature. President was to be the Head of the State. The head of the Government, according to the Constitution, was the Prime Minister. The Prime Minister and his Cabinet was accountable to the National Assembly for his actions.
The Prime Minister would be elected by the majority of the National Assembly. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms.
The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners.
The 1973 Constitution set up a bicameral legislature at the Centre consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly.
The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N W F P., and 40 seats for Baluchistan.
The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. National Finance Commission(NFC), Council of Common Interests(CCI) and National Economic Council(NEC) were included in the constitution for the first time.
In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam.
The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979.
There was no restriction of religion for a person holding the office of the Speaker of the National Assembly. Secondly, if the President resigns from his office or vote of no-confidence passes against him, then according to the Constitution the Speaker would act as the President of the State till the election of new President. Under these special circumstances, a non-Muslim might get the chance to be an acting President of Pakistan...
The 1973 Constitution was the first achievement of Bhutto Government. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.
The Constitution was parliamentary in nature. President was to be the Head of the State. The head of the Government, according to the Constitution, was the Prime Minister. The Prime Minister and his Cabinet was accountable to the National Assembly for his actions.
The Prime Minister would be elected by the majority of the National Assembly. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms.
The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners.
The 1973 Constitution set up a bicameral legislature at the Centre consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly.
The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N W F P., and 40 seats for Baluchistan.
The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. National Finance Commission(NFC), Council of Common Interests(CCI) and National Economic Council(NEC) were included in the constitution for the first time.
In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam.
The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979.
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