Constitutional Development in Pakistan

🟢 Lite — Quick Review (1h–1d)

Rapid summary for last-minute revision before your exam.

Constitutional Development — Key Facts for FPSC CSS (Pakistan)

Constitutional Timeline:

Year	Constitution	Key Feature
1949	Objective Resolution	Islamic ideological foundation
1956	First Constitution	Parliamentary system, One Unit
1962	Second Constitution	Presidential system
1973	Third Constitution	Parliamentary system (current)

Key Amendment: 18th Amendment (2010) — restored parliamentary system, abolished concurrent list

⚡ CSS Tip: The 1973 Constitution is Pakistan’s current constitution and the most tested topic in constitutional development.

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🟡 Standard — Regular Study (2d–2mo)

Standard content for students with a few days to months.

Constitutional Development — Detailed Study Guide

The Objective Resolution (1949)

Moved by: Liaquat Ali Khan, Prime Minister Drafted by: A.K. Fazlul Huq with modifications Date: March 12, 1949

Key Principles:

1. Sovereignty belongs to Allah
2. Muslims enabled to order their lives
3. Islamic way of life as model
4. Federal structure with provincial autonomy
5. Fundamental rights guaranteed
6. Freedom of religion for all
7. Social justice and equality

Significance: Became Preamble to 1956 Constitution and remains part of 1973 Constitution

The 1956 Constitution — First Constitution

Date: March 23, 1956 (Pakistan Day) Context: After 8 years of pseudo-democracy under the Government of India Act 1935

Key Features:

Feature	Provision
System	Parliamentary democracy
President	Ceremonial head
Legislature	Bicameral (National Assembly + Senate)
Federalism	One Unit for West Pakistan
Language	Urdu as state language (Bengali recognized later)
Islamic provisions	President must be Muslim

One Unit Scheme (1955):

• Merged all four West Pakistani provinces into one unit
• Aimed to balance Bengali majority (East Pakistan)
• Created resentment among smaller provinces
• Abolished in 1970

Abrogation: General Ayub Khan’s coup on October 7, 1958 — constitution abrogated

The 1962 Constitution — Second Constitution

Date: March 1, 1962 Background: After Ayub Khan’s Martial Law (1958-1962)

Key Features:

Feature	Provision
System	Presidential (strong executive)
President	Directly elected for 5 years
Legislature	Unicameral (National Assembly)
Federalism	Presidential system, strong center
Governors	Presidential appointees in provinces
Basic Democrats	Electoral college for President

Ayub Khan’s Basic Democracies:

• Created local government system
• Basic Democrats (80,000) elected local bodies
• These elected President and Provincial Assemblies
• Criticism: Indirect elections meant limited popular participation

Abrogation: Overthrown by Yahya Khan’s Martial Law in March 1969

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🔴 Extended — Deep Study (3mo+)

Comprehensive coverage for students on a longer study timeline.

Constitutional Development — Complete Notes for FPSC CSS

The 1973 Constitution — Current Constitution

Date: April 10, 1973 (passed unanimously; signed by Zulfikar Ali Bhutto) Background: After 1971 war, Bangladesh creation; PPP won 1970 elections

Key Features

1. Parliamentary System:

• Prime Minister: Chief executive
• President: Ceremonial (bound by PM’s advice after 18th Amendment)
• Cabinet: Collectively responsible to National Assembly

2. Federal Structure:

Level	Units
Federal	Government of Pakistan
Provincial	Punjab, Sindh, Khyber Pakhtunkhwa, Balochistan
Local	Districts, Tehsils, Union Councils
Territories	Gilgit-Baltistan, Azad Jammu & Kashmir

Concurrent List: Both federal and provincial governments could legislate (abolished by 18th Amendment)

3. Fundamental Rights (Chapter 2, Articles 8-28):

• Article 9: Security of person
• Article 10: Safeguard against arbitrary detention
• Article 15: Freedom of movement
• Article 18: Freedom of trade and business
• Article 19: Freedom of speech
• Article 19-A: Right to information
• Article 25: Equality of citizens
• Article 25-A: Right to education
• Article 26: Non-discrimination
• Article 27: Safeguards for services

4. Islamic Provisions (Chapter 3, Articles 31-58):

• Article 2: Islam as state religion
• Article 31: Islamic way of life
• Article 37: Promote Islamic values, eliminate riba
• Federal Shariat Court: Examines laws for compliance with Islam

5. The Parliament — Bicameral:

House	Members	Term
National Assembly	342 seats	5 years
Senate	104 seats	6 years (rotating)

Senate Composition:

• 14 seats from each of 4 provinces
• 4 seats from each of: ICT, FATA (now merged with KP), Gilgit-Baltistan
• Purpose: Protect smaller provinces’ interests

National Assembly Composition:

• Punjab: 141 seats
• Sindh: 75 seats
• Khyber Pakhtunkhwa: 55 seats
• Balochistan: 16 seats
• Women seats: 60 (distributed by party position)
• Minority seats: 10 (non-Muslims, reserved)

Key Constitutional Amendments

8th Amendment (1985) — Zia-ul-Haq Era

• President’s power to dissolve National Assembly
• Caretaker governments institutionalized
• Islamic provisions strengthened

13th Amendment (1997) — Nawaz Sharif’s First Term

• Governor’s power to dissolve Provincial Assemblies removed
• Attempt to reduce presidential powers

14th Amendment (2003) — Musharraf Era

• President could dissolve National Assembly with “adequate justification”
• Further reduced independence of judiciary

17th Amendment (2003) — Musharraf’s Legal Framework Order

• Controversial: Validated Musharraf’s 1999 coup
• Restored many presidential powers

18th Amendment (2010) — The Most Significant

Key Changes:

1. Restored Parliamentary System: President bound by PM’s advice
2. Abolished Concurrent List: Provinces got more subjects
3. National Finance Commission: Mandatory meeting every 5 years
4. Devolved Subjects: Health, Education, Environment to provinces
5. Judicial Commission: Parliamentary involvement in judicial appointments
6. Erosion of Presidential Power: Governors’ powers reduced

Controversy:

• Some argue it led to too much provincial fragmentation
• Others praise it for restoring true parliamentary democracy

19th, 20th, 21st Amendments (2011-2015)

• Military courts: Extended for trying terrorists (2015)
• Legal cover for army deployed in FATA

Constitutional Crises

1973-1977 — PPP vs. Opposition

• Bhutto’s government faced opposition
• PPP won 1977 elections (allegedly rigged)
• Martial Law imposed: Zia-ul-Haq seized power (July 1977)

1988-1999 — Coalition Instability

• No party won clear majority
• Frequent government changes
• 1999 coup: Nawaz Sharif dismissed General Pervez Musharraf
• Musharraf suspended constitution and ruled by decree

2007-2008 — The Lawyer’s Movement

• Musharraf dismissed Chief Justice Iftikhar Chaudhry
• Public protests
• Emergency (November 2007): Constitution suspended
• Restoration: After elections (February 2008)

2017-2018 — Panama Papers and Imran Khan

• Nawaz Sharif disqualified (Panama Papers case)
• PTI government came to power (2018) under Imran Khan

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CSS Examination Preparation

Key Questions:

1. "Compare the parliamentary and presidential systems as they operated in Pakistan."
2. "What were the major provisions of the 18th Amendment and why was it significant?"
3. "Trace the constitutional development of Pakistan from 1947 to 1973."
4. "Analyze the role of the President in Pakistan's parliamentary system after the 18th Amendment."
5. "What constitutional crises has Pakistan faced and how were they resolved?"

Key Articles of 1973 Constitution:
- Article 1: Islamic Republic of Pakistan
- Article 2: Islam as state religion
- Article 5: Loyalty to state
- Article 8-28: Fundamental Rights
- Article 31: Islamic way of life
- Article 37: Islamic provisions
- Article 41: President of Pakistan
- Article 59: Senate composition
- Article 91: Cabinet responsibility
- Article 142: Legislative subjects

⚡ CSS Strategy: The 18th Amendment is the single most important constitutional topic in CSS exams. Know it inside-out — what it changed, why it was controversial, and what its long-term effects are.

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