Constitution of Pakistan
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There have been several documents known as the Constitution of Pakistan (Urdu: آئین پاکستان ). These will be dealt with here in chronological order. The 1973 Constitution provided for a parliamentary system with a President as head of state and popularly elected Prime Minister as head of government. However, in 1988 the Eighth Amendment made Pakistan's government a Semi-presidential system. Pakistan has a bicameral legislature that consists of the Senate (upper house) and the National Assembly (lower house). Together with the President, the Senate and National Assembly make up a body called the Majlis-i-Shoora (Council of Advisors) or Parliament [1].
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[edit] Early constitutional beginnings
The first major step in framing a constitution was the passage by the Constituent Assembly of the Objectives Resolution of March 1949, which defined the basic principles of the new state. It provided that Pakistan would be a state:
- "wherein the principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed; wherein the Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Qur'an and Sunnah; [and] wherein adequate provision shall be made for the minorities freely to progress and practice their religions and develop their cultures."
Seven years of debate, however, failed to produce agreement on fundamental issues such as regional representation or the structure of a constitution. This impasse prompted Governor General Ghulam Mohammad to dismiss the Constituent Assembly in 1954. The Supreme Court of Pakistan upheld the action of the Governor General, arguing that he had the power to disband the Constituent Assembly and veto legislation it passed. This preeminence of the Governor General over the legislature has been referred to as the viceregal tradition in Pakistan's politics.
[edit] The Constitution of 1956
The revived Constituent Assembly promulgated Pakistan's first indigenous constitution in 1956 and reconstituted itself as the national legislature--the Legislative Assembly--under the constitution it adopted. Pakistan became an Islamic republic. The Governor General was replaced by a President.
...more on the interim between 1956 and 1973 to follow...
[edit] The Constitution of 1973
Zulfiqar Ali Bhutto, Prime minister from 1971 to 1977, lifted martial law within several months after his election, and after an "interim constitution" granting him broad powers as President, a new constitution was promulgated in April 1973 and came into effect on August 14 of that year, the twenty-sixth anniversary of the country's independence. This constitution represented a compromise consensus on three issues: the role of Islam; the sharing of power between the federal government and the provinces; and the division of responsibility between the president and the prime minister, with a greatly strengthened position for the latter. Bhutto stepped down as president and became prime minister. In order to allay fears of the smaller provinces concerning domination by Punjab, the constitution established a bicameral legislature with a Senate, providing equal provincial representation, and a National Assembly, allocating seats according to population. Islam was declared the state religion of Pakistan.
With regard to provincial rights the 1973 constitution was in fact the most centralised of Pakistan's various constitutions. The Government of India Act 1935; that Pakistan adopted as its first working constitution gave the federation 96 items of powers. The 1956 constitution reduced it to 49. This number was retained in the 1962 constitution but in 1973 it was enlarged to a massive 114.
Bhutto had the opportunity to resolve many of Pakistan's political problems. But although the country finally seemed to be on a democratic course, Bhutto lost this opportunity because of series of repressive actions against the political opposition that made it appear he was working to establish a one-party state. In a final step, he suddenly called national elections in March 1977, hoping to catch the opposition unprepared and give his party total control of the National Assembly.
...more on the interim between 1973 and the present to follow...
[edit] Amendments
Pakistan's many constitutional changes are reflected by the following key constitutional amendments:
- Eighth Amendment to the Constitution of Pakistan which gave the president executive powers
- Thirteenth Amendment to the Constitution of Pakistan which removed the president's reserve powers to dissolve the National Assembly and call elections before the end of its term.
- Fourteenth Amendment to the Constitution of Pakistan which institutionalized party discipline, diminishing the ability of the legislature to dismiss a Prime Minister by Confidence Voting, especially if the Prime Minister is also the leader of a party that has a majority rather than just a plurality.
- Seventeenth Amendment to the Constitution of Pakistan which restored the president's reserve powers, but made them subject to the approval of the Supreme Court of Pakistan.
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Constitution of Pakistan |  |
| Main body | ||
| Parts | Annex | Schedules | ||
| Amendments | ||
| 1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 | 16 | 17 |
[edit] See also
- Civil decorations of Pakistan
- Constitution of Bangladesh
- Constitution of India
- Zia-ul-Haq's Islamization
[edit] External links
- Full text of the 1973 Constitution of Pakistan with all amending documents
- Constitution of Pakistan, 1973
- Constitution and Legislative History of Pakistan
[edit] Reference
- This article contains material from the Library of Congress Country Studies, which are United States government publications in the public domain. - Pakistan.
