Constitutional History of Pakistan
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Constitutional History of Pakistan — Key Facts for FPSC CSS (Pakistan)
Constitutional Timeline:
| Constitution | Year | Type | Key Features |
|---|---|---|---|
| Objective Resolution | 1949 | Preamble | Islamic Ideology, Federal structure |
| 1956 Constitution | 1956 | First Constitution | Parliamentary system, One Unit for West Pakistan |
| 1962 Constitution | 1962 | Second Constitution | Presidential system, Strong center |
| 1973 Constitution | 1973 | Third Constitution | Parliamentary system, Provincial autonomy |
Key Principle: Pakistan’s constitution has always balanced between:
- Islamic provisions vs. democratic governance
- Federal structure vs. provincial rights
- Presidential vs. parliamentary systems
⚡ CSS Tip: The 1973 Constitution is the current constitution of Pakistan — most questions focus on this document.
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Constitutional History of Pakistan — Detailed Study Guide
The Objective Resolution (1949)
Date: March 12, 1949 Moved by: Liaquat Ali Khan (Prime Minister) Drafted by: A.K. Fazlul Huq (with modifications)
Key Features:
- Sovereignty belongs to Allah — humans are vicegerents
- Islamic way of life as model for state
- Federal structure (provinces with autonomy)
- Fundamental rights guaranteed
- Freedom of religion for all faiths
- Social justice and equality
- democracy based on free elections
Significance:
- Laid ideological foundation for future constitution
- Criticism: Some secularists opposed Islamic provisions
- Became preamble to 1956 Constitution
The 1956 Constitution (First Constitution)
Date: March 23, 1956 (Pakistan Day) Features:
| Aspect | Provision |
|---|---|
| System | Parliamentary democracy |
| President | Ceremonial head (like British) |
| Legislature | Bicameral — National Assembly + Senate |
| Federalism | One Unit for West Pakistan, East Pakistan |
| Language | Urdu as state language (Bengali also recognized in 1956) |
| Islamic provisions | President must be Muslim, Objectives Resolution as guiding principle |
Major Flaws:
- President had emergency powers
- Center dominated provinces
- One Unit scheme alienated smaller provinces
- No clear mechanism for resolving center-province disputes
Abrogation: General Ayub Khan overthrew the government on October 7, 1958 — constitution was abrogated
The 1962 Constitution (Second Constitution)
Date: March 1, 1962 (ratified by Basic Principles Committee, signed by Ayub Khan) Background: After 1958 coup, Ayub Khan ruled as President under Martial Law
Key Features:
| Aspect | Provision |
|---|---|
| System | Presidential (strong executive) |
| President | Directly elected for 5-year term |
| Legislature | Unicameral (National Assembly) |
| Federalism | Presidential system, less provincial autonomy |
| President power | Can dismiss provincial governments |
| Governor | Appointed by President, not elected |
The Constitution (Third Amendment) Act, 1974:
- Made important changes after 1971 war and Bangladesh creation
Criticism:
- Presidential system concentrated too much power
- Provincial grievances ignored
- Democratic deficit — limited political participation
- West Pakistan’s dominance continued
Abrogation: Overthrown by Yahya Khan’s Martial Law in March 1969
🔴 Extended — Deep Study (3mo+)
Comprehensive coverage for students on a longer study timeline.
Constitutional History of Pakistan — Complete Notes for FPSC CSS
The 1973 Constitution (Current Constitution)
Date: April 10, 1973 (passed by Parliament; signed by Zulfikar Ali Bhutto) Context: After 1971 war, Bangladesh creation, Zulfikar Ali Bhutto’s PPP won elections (1970)
Key Features of 1973 Constitution
1. Parliamentary System:
- Prime Minister: Chief executive, exercises executive authority
- President: Ceremonial head, bound by PM’s advice (after 18th Amendment)
- Cabinet: Collectively responsible to National Assembly
- Principle of Cabinet Government: PM is primus inter pares (first among equals)
2. Federal Structure:
| Level | Units |
|---|---|
| Federal | Government of Pakistan |
| Provincial | Punjab, Sindh, Khyber Pakhtunkhwa, Balochistan |
| Local | Districts, Tehsils, Union Councils |
| Territories | Gilgit-Baltistan (autonomous), Azad Jammu & Kashmir |
Concurrent Legislative List: Both federal and provincial governments can legislate (significantly reduced by 18th Amendment)
3. Provincial Autonomy:
- Provinces have their own cabinets and budgets
- Governor as President of Pakistan’s representative
- Provincial assemblies have legislative powers on provincial subjects
- NFC Award: National Finance Commission — distributes federal revenue between center and provinces
4. Fundamental Rights (Chapter 2):
| Right | Article |
|---|---|
| Security of person | Article 9 |
| Safeguard against arrest/detention | Article 10 |
| Freedom of movement | Article 15 |
| Freedom of association | Article 16 |
| Freedom of trade/business | Article 18 |
| Freedom of speech | Article 19 |
| Freedom of press | Article 19-A |
| Religious freedom | Article 20 |
| Equality | Article 25 |
| Right to education | Article 25-A |
| Access to information | Article 19-A |
5. Islamic Provisions (Chapter 3):
- Article 2: Islam as state religion
- Article 31: Islamic way of life
- Article 37: Promote Islamic values, eliminate riba (interest)
- Federal Shariat Court: Examines laws for compliance with Islam
- Council of Islamic Ideology: Advises government on Islamic matters
6. The Senate (Upper House):
- Equal representation: 14 seats from each Province, 4 from each Territory (ICT, FATA)
- Total: 104 members
- Purpose: Protect smaller provinces’ interests against majority provinces
- Key powers: Cannot be dissolved;重要作用 in constitutional amendments
7. National Assembly (Lower House):
- 342 seats total (general seats, women, minorities)
- Punjab: 141, Sindh: 75, Khyber Pakhtunkhwa: 55, Balochistan: 16
- Seats allocated by population (1970 census)
- Women seats: 60 (distributed by party position in provinces)
- Minority seats: 10 (non-Muslims, reserved)
Key Amendments to the 1973 Constitution
| Amendment | Year | Major Change |
|---|---|---|
| 8th | 1985 | Revival of original 1973 constitution after Zia era |
| 10th | 1985 | Presidential power to dissolve assemblies |
| 14th | 2004 | Sacked Baluchistan assembly |
| 15th | 2004 | Devolution of powers to districts |
| 17th | 2010 | Restored senior bureaucracy to provinces |
| 18th | 2010 | Major — eliminated presidential power to dissolve parliament; restored parliamentary system; NFC to meet every 5 years |
| 19th | 2011 | Created National Commission for Minorities |
| 20th | 2012 | Defined procedures for military courts |
| 21st | 2015 | Extend tenure of military courts |
| 25th | 2018 | Senate elections via open vote (reversed by SC later) |
| 26th | 2018 | Reserved seats for technocrats, etc. |
| 27th | 2018 | Extension of military courts |
18th Amendment (2010) — Most Significant:
- Restored parliamentary system: President bound by PM’s advice
- Restored provincial autonomy: Concurrent list abolished, more subjects devolved to provinces
- National Finance Commission (NFC): Mandatory meeting every 5 years
- Balochistan: Governor’s power to dissolve assembly removed
- Devolved subjects: Health, Education, Environment to provinces
- Controversy: Some argue it led to too much provincial fragmentation
Important Constitutional Crises
1977 Crisis
- PPP won 1977 elections (allegedly rigged)
- Bhutto arrested, executed in 1979
- Zia-ul-Haq imposed Martial Law, suspended constitution
1988 — Caretaker Governments
- After Zia’s death, Benazir Bhutto became PM
- Eight successive governments with no full term completed
1999 — Military Coup
- Nawaz Sharif dismissed General Pervez Musharraf
- Musharraf took power, suspended constitution
- Legal Framework Order (LFO) issued to continue rule
2007 — Lawyer’s Movement
- Chief Justice Iftikhar Chaudhry dismissed by Musharraf
- Lawyers’ protest, public movement
- 18th Amendment (2010) reversed many of Musharraf-era changes
Comparison of Key Features
| Feature | 1956 Constitution | 1962 Constitution | 1973 Constitution |
|---|---|---|---|
| System | Parliamentary | Presidential | Parliamentary |
| Head | President (ceremonial) | President (executive) | President (ceremonial after 18th Amend) |
| Legislature | Bicameral | Unicameral | Bicameral |
| Federalism | One Unit (West Pakistan) | Strong center | Provincial autonomy |
| Islamic provisions | Objectives Resolution | Basic Principles | Explicit Islamic state |
CSS Examination Preparation
Key Questions:
1. "Compare and contrast the 1962 and 1973 constitutions of Pakistan."
2. "Evaluate the impact of the 18th Amendment on federal-provincial relations."
3. "Discuss the role of the President in Pakistan's parliamentary system."
4. "What are the fundamental rights guaranteed under the 1973 Constitution?"
5. "Analyze the constitutional crises Pakistan has faced since independence."
Key Articles to Memorize:
- Article 1: Islamic Republic of Pakistan
- Article 2: Islam as state religion
- Article 5: Loyalty to state
- Article 9: Security of person
- Article 17: Freedom of association
- Article 18: Freedom of trade/business
- Article 19: Freedom of speech
- Article 25: Equality of citizens
- Article 37: Islamic provisions⚡ CSS Strategy: Focus on understanding how the 1973 Constitution evolved through amendments — particularly the 8th (Zia era) and 18th (post-Musharraf) amendments. Know the balance between presidential and parliamentary powers.
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