Pakistan's constitutional development from 1947 onward

Pakistan's constitutional development from 1947 onward has been marked by a series of
milestones and amendments, reflecting the country's evolution as a democratic republic. Here
is a brief overview
.1 Independence and Early Years:)1947-1956(
- Upon independence in 1947, Pakistan initially functioned under the Government of India
Act, 1935.
- The country adopted its first constitution, the Objectives Resolution, in 1949, which laid
down the principles for future constitutions, emphasizing Islam as the guiding principle.
- The first Constituent Assembly formulated the first Constitution of Pakistan in 1956,
establishing Pakistan as an Islamic Republic with a parliamentary system.

.2Military Rule and Constitution :)1958-1971(

- Following several political crises, including the declaration of martial law in 1958,
Pakistan's constitution was abrogated.
- The country was governed under martial law until 1962 when President Ayub Khan
introduced a new constitution that shifted power to the presidency and introduced a presidential
system.

.3Return to Parliamentary Democracy:)1972-1977(

- In 1973, Pakistan adopted its current constitution, the Constitution of the Islamic Republic
of Pakistan, under Prime Minister Zulfikar Ali Bhutto.
- This constitution restored parliamentary democracy, federalism, and the separation of
powers between the executive, legislative, and judicial branches.
- It also reaffirmed Islam as the state religion while guaranteeing fundamental rights to all
citizens.

.4 Periods of Civilian and Military Government:)1977-2008(

- The constitution has been intermittently amended over the years, often reflecting power
shifts between civilian governments and military rule.
- Military coups in 1977 and 1999 resulted in periods of direct military governance under
Generals Zia-ul-Haq and Pervez Musharraf, respectively.

.5 Recent Developments (2008 Onward):

 - Since 2008, Pakistan has experienced periods of civilian rule under democratically elected
governments, with general elections held regularly.
- Amendments to the constitution have aimed to strengthen democratic institutions, enhance
judicial independence, and address issues such as provincial autonomy and human rights.

Overall, Pakistan's constitutional development has been shaped by a balance between

democratic aspirations, Islamic principles, and periodic interventions by the military. The
Constitution of 1973 remains the foundational legal document, embodying Pakistan's
commitment to democracy, federalism, and the rule of law amidst ongoing challenges and
reforms.
Overview of the constitution (1973)
Objectives Resolution: The most important and introductory objective was that the Islam shall
be the state religion. Pakistan to be an Islamic republic and the constitution emphasized that
the prime minister and president should be Muslims. Objectives Resolution is included as the
preamble of the constitution.
Islamic Constitution: The preparation of Islamic laws makes sure the implementation of
Islamic system in the country.
Rigid constitution: It is considered a rigid constitution, as amendments cannot be made easily.
It required two-third of the majority from both the houses to make the amendments.
Federal System: A Federal system was introduced within the federal and provincial
government. In an emergency the federal government has the authority to pass any law and
even suspend fundamental freedoms.
Federal Structure: Four provinces: according to constitution the country is divided in four
provinces Khyber Pakhtunkhwa (Former NWFP), Punjab, Sindh and Balochistan. Islamabad
is the Federal Capital Territory while tribal and northern areas also included in Pakistan.
Parliamentary form of government: Parliamentary form of the government was introduced
in the constitution. Pakistan to be a federal republic with a parliamentary system of
government. The Prime Minister, chosen by the majority party to be head of the government.
1. Head of State: President is considered as the head of the state, should be Muslim, not less
than 45 years, to be elected by the parliament and provincial assembly for a period of 5 years.
He had the power of dissolve the assembly on advice of prime minister, can summon the
session of parliaments (before the 18th constitutional amendment). The president has the power
to appoint governor, attorney generals and chief election commissioner chief of army, navy
and air force.
2. Head of Government: The Prime Minister is the head of government, he chooses his own
cabinet, he is the leader of house, elected by National Assembly after 30 days of general
elections.
 Bicameral legislature: The Majlis Shoora (parliament) consists of 2 houses. Upper house is
called the Senate of Pakistan and it has 104 members. The lower house is called National
Assemble and it has 342 members. When the members of senate and national assemble gather
it called the parliament. The national Assembly is the house of people and its tenure is five
years. However, it can be dissolved any time. The Senate is house of provinces and its tenure
is for six years. It cannot be dissolved and its one third members get retirement after two years
on their turn.
Method of election: The members of national assembly and provincial assembly should be
elected by the people through election. The members of upper house called Senators are elected
by the provincial government.
Structure of Judiciary: The constitution of 1973 emphasized on the independence of the
judiciary of the country. The Supreme Court and high courts in the country have the power and
responsibility to enforce fundamental rights of the citizens. According to an act of parliament
of 1997, the number of judges is 17 headed by a chief justice. Currently there are sixteen judges
including a Chief Justice. One seat of judge in Supreme Court is vacant. Mr. Justice Asif Saeed
Khan Khosa is the honourable Chief Justice of Pakistan. The honourable judges of Supreme
Court of Pakistan are. The Judges of Supreme Court of Pakistan can hold their offices till the
age of 65. There are five High Courts in Pakistan; each High Court is based in the capital city
of one of the four provinces. Each Court is consisted of chief justice and other judges. The
judges of High Courts are appointed by president of Pakistan and chief justices of Pakistan.
National Language: Urdu was declared as the national language of Pakistan in the constitution
of 1973. However, English will retain as the official language.
Rule of Law: The constitution determined the rule of law in Pakistan. According to this law
no one can be deprived of the basic fundamental right.
High Treason: According to the constitution the act of unconstitutional abrogation has been
declared as the act of great treason. It has written in the constitution that if ‘any person who
abrogates or attempts or conspires to abrogate, subverts or attempts or conspires to subvert the
constitution by use of force or show of force or by other unconstitutional means shall be guilty
of high treason’.
Referendum: The constitution allowed the president to hold referendum on any national issue.
Referendum should be in the form of question that is capable of being answered either by yes
or no.
Federalism and 1973 constitution
In the 1973 Constitution of Pakistan, federalism is structured around several key concepts that
define the distribution of powers and relationships between the federal government and
provincial governments. Here are the basic concepts of federalism as outlined in the
constitution:

1. Distribution of Legislative Powers:

 - The constitution divides legislative powers between the federal government and provincial
governments through three lists: Federal Legislative List, Provincial Legislative List, and
Concurrent Legislative List.
- The Federal Legislative List enumerates subjects on which only the federal legislature can
make laws.
- The Provincial Legislative List specifies subjects on which only provincial legislatures can
legislate.
- The Concurrent Legislative List includes subjects on which both federal and provincial
legislatures can legislate, but federal law prevails in case of inconsistency.

2. Autonomy of Provinces:
- The constitution guarantees autonomy to provinces, empowering them to govern and
legislate on matters assigned to them under the Provincial Legislative List.
- Provinces have authority over issues such as health, education, agriculture, local
government, and others specified in the Provincial List.

3. Council of Common Interests (CCI):

- The CCI is established to ensure cooperation and coordination between the federal
government and the provinces.
- It resolves disputes, promotes inter-provincial harmony, and discusses matters of national
interest, including economic planning and social development.

4. Residual Powers:
- Residual powers, which are not explicitly assigned to either the federal or provincial
governments, are vested in the federal government.
- This ensures that the federal government maintains authority over matters not covered by
the Federal or Provincial Legislative Lists.

5. Financial Arrangements:
- The constitution provides for financial arrangements through the National Finance
Commission (NFC).
- The NFC Award determines the distribution of financial resources between the federal
government and the provinces to ensure fiscal autonomy and equitable resource allocation.
6. Supremacy of the Constitution:
- The constitution establishes its supremacy as the highest legal authority in Pakistan, binding
all governmental authorities, including federal and provincial governments.
- It upholds the principles of rule of law, separation of powers, and independence of the
judiciary to safeguard federalism and protect citizens' rights.

7. Uniformity in Certain Matters:

- While provinces have autonomy in many areas, the constitution maintains uniformity in
certain matters such as the use of official languages (Urdu and English) and fundamental rights,
ensuring consistency across the country.

These concepts collectively define the federal structure of Pakistan under the 1973
Constitution, aiming to balance central authority with regional autonomy, promote cooperation
between federal and provincial entities, and uphold the integrity of the nation while respecting
its diverse regions and cultures.
ISLAMIC PROVISIONS OF 1973 CONSTITUTION
The constitution of 1973 has the following Islamic provisions.
Sovereignty of Allah: The most important feature of the 1973 constitution of Pakistan is that
it offers an essential element that sovereignty over the whole universe, belongs to Allah the
Almighty alone. All the powers in actual is belonged to Allah Almighty and the Head of the
state and the government shall use the power as the representative of Allah. The power by the
heads should be practiced within boundaries which have been explained by Allah.
Name of Sate: Constitution of 1973 has stated Pakistan as Islamic Federal State to be known
as ‘Islamic republic of Pakistan’.
State Religion: According to the constitution of 1973, Islam shall be the state religion of
Pakistan. It is the first Constitution through which the state has selected its religion.
Observance of Islamic Principle: It is defined in the introduction of the constitution of
Pakistan that fundamental elements of republic; opportunity, equity, tolerance and social
justice, as described by Islam, might be observed completely.
President and Prime Minister to be Muslim: It was made obligatory both for the President
and Prime Minister to be a Muslim by faith and belief and to proclaim faith in the Finality of
Prophet hood.
Definition of Muslim: Definition of a Muslim is presented in the constitution. According to
this constitution, it is important to have belief on solidity of Allah, Prophets, Day of Judgment
and the Books of Allah. This clause was missing in previous two constitutions.
Islamic Way of Life: It is also presented in the constitution that country shall authorize the
Muslims of Pakistan, freedom to live their lives in accordance with the basic principles and
concept of Islam. Provision of Islamic Teaching: All possible steps will be taken by the
government to promote the education of Islamic Studies and the Holy Quran.
Correct and Exact Printing and Publishing of the Holy Quran: The government shall be
responsible to ensure the correct printing and publishing of the Holy Quran.
Learning of Arabic Language: It is also described in the constitution that necessary facilities
shall be provided for the learning of Arabic language.
Protection of Islamic Values: It is explained in the constitution that Islamic moral values
shall be safeguarded in the country.
Protection of Religious Minorities: The State should safeguard the rights and interests of the
minorities in Pakistan.
Strengthening Bonds with Muslim World: The government would attempt to safeguard and
strengthen the relations with the Muslim countries of the world.
Proper Organization of Zakat, Auqaf and Masajid: The state shall attempt, the proper
organization of Zakat, Auqaf and Masajid.
Existing Law shall be brought Into Conformity with Islam: An important Islamic provision
stated that no law shall be enacted which is against the directions of Islam as described in the
Quran and the Sunnah. All the existing laws shall be brought into conformity within injunction
of Islam as laid down in the Quran and Sunnah.
Islamic Council: Islamic ideology council shall be established to make advices to the
parliament and the provincial assemblies of Pakistan. The council will help for bringing the
existing laws into conformity with the injunctions of Islam.
Interest Free Banking: It was focused in the constitution that all possibilities will be taken to
introduce interest free banking system in the country.
Welfare State: The concept of a welfare state has been adopted in the constitution.
AMENDMENTS TO THE CONSTITUTION OF 1973
First Amendment: The first amendment of the Constitution of 1973 was enacted on 4th May
1974. It redefined the boundaries of Pakistan as after the separation of East Pakistan the
territories were changed. According to the first amendment the territories of Pakistan shall
comprise on the four provinces including the Balochistan, the North-West Frontier Province
(present day K.P), the Punjab and Sindh. Along with the four provinces the territories of the
country comprised Federal Capital Area of Islamabad and the Federally Administered Tribal
Area (FATA). FATA was merged in KP in May 2018 through thirty first constitutional Bill,
after approval of the bill; FATA included in KP under 25th Constitutional Amendment.
Second Amendment: On 7 September 1974, the Second Amendment to the Constitution of
Pakistan became the part of the Constitution of Pakistan. The persons belonged to Quadiani
group or the Lahori groups (who call themselves 'Ahmadis') were declared as non-Muslim
through this amendment as the Indian Muslims had been demanding before the creation of
Pakistan. It was first time in the constitutional history of Pakistan that the term Muslim was
defined. The Quadiani and Lahori do not believe on the finality of the Holy Prophet (PBUH);
therefore, they were declared non-Muslims.
Third Amendment: It was enacted on 18 February 1975. Through this amendment the period
of preventive detention was extended. It was for those who accused of committing 268 serious
cases of treason and espionage against the state of Pakistan. in such cases, these persons may
under trial by the government of Pakistan. The third amendment of the constitution protected
against the abuse of government authority in legal procedure, and extended the investigation
period from one month to three month.
Fourth Amendment: On 21 November 1975, the additional seats for minorities were decided
through the fourth amendment of the Constitution. It also deprived courts of the power to grant
bail to any person detained under any preventive detention.
Fifth Amendment: On 5 September 1976, the West Pakistan Water and Power Development
Authority and the West Pakistan Industrial Development Corporation were replaced as
Pakistan Water and Power Development Authority and the Pakistan Industrial Development
Corporation. It was also decided that the Chief Justice of a High Court, will be able to hold his
office for a term of four years or unless he sooner attains the age of sixty-two years.
Sixth Amendment: This was enacted on 22 December 1976. This amendment declared that a
Chief Justice of the Supreme Court will attain his office for five years up to the maximum age
of sixty-five years. While a Chief justice of the High Court may also continue his office for
five years but the maximum age would be 62 years. According to the same amendment the
word "Mansehra" was substituted for the word "Hazara" in the constitution.
Seventh Amendment: It was enacted on 16 May 1977 which stated that the Prime Minister of
Pakistan has to obtain a vote of confidence from the people of Pakistan through a referendum.
Eighth Amendment: It was enacted in November 1985 and remained the most debatable
amendment in the politics of Pakistan. Through this amendment the Pakistani government was
changed from a parliamentary government to a semi-presidential system by giving president a
number of additional powers.
Ninth Amendment: It was a bill to impose the Shariah Law as the supreme law of Pakistan.
The bill was although passed by the Senate of Pakistan in 1985 but could never be passed by
the National Assembly.
Tenth Amendment: This amendment was enacted on 29 March 1987. It amended article 54
and 61 of the Constitution. The minimum working day of the National Assembly and Senate
were decreased from 160 to 130 in each year.
Eleventh Amendment: The bill was presented in 1989 regarding the revision of women seats
in national assembly and provincial assemblies but could not pass and the bill was withdrawn
in 1992. Twelfth Amendment: The amendment was enacted in 1991 and a new article 212B
was added in the constitution. The special courts were established for the trial of heinous
offences. The courts were established for the initial period of three years. The amount of
salaries and pension for the Chief Justice and other judges was also revised.
Thirteenth Amendment: The amendment was enacted in 1997 and through this amendment
the presidential power of Article 58 (2-B) was omitted. The amendment was related to article
58, 101, 112 and 243. Through this the power of the president of Pakistan was reduced and the
effort was made to restore the actual parliamentary form of government in Pakistan.
Fourteenth Amendment: It was enacted in July 1997 regarding the disqualification of
members of parliament.
Fifteenth Amendment: The bill was presented in 1998 in the second reign of Nawaz Sharif
government. It was a bill to enforce the Shariah Law as Supreme law in the country but never
passed.
Sixteenth Amendment: It was promulgated on 5 August 1999. Through this amendment the
quota system was increased for the appointment in government jobs for next 20 years in the
country.
Seventeenth Amendment: The Seventeenth Amendment was promulgated in December 2003
and it made various changes to Pakistan's constitution. Some of these changes dealt with the
office of the President and the reversal of the effects of the thirteenth amendment of the
constitution.
Eighteenth Amendment: The Eighteenth Amendment of the Constitution of 1973 was passed
by the National Assembly of Pakistan on 8 April 2010 during the tenure of Prime Minister of
Pakistan, Yousaf Raza Gillani. The amendment dealt with removing the power of the President
of Pakistan to dissolve the National Assembly unilaterally. It turned Pakistan from a semi-
presidential to a parliamentary form of government. According to the same amendment,
various departments and powers of the federal government were transferred to the provinces.
Nineteenth Amendment: The Nineteenth Amendment was passed on 22 December 2010 by
the National Assembly and on 30 December 2010 by the Senate while it assented to by the
president on 1 January 2011. According to the amendment the Tribal Areas adjoining to the
Districts of Tank and Laki Marwat were declared to be part of FATA. It was also regarding the
appointment of the judges. Now it was decided that the parliamentary committee shall send the
name of the nominee confirmed by it, to the Prime Minister of Pakistan and the Prime Minister
shall forward it to the president, which meant that the Prime Minister was now involved in the
appointment of the judges.
Twentieth Amendment: It was relevant to free and fair elections of Pakistan. The words
“Chief Election Commissioner” were substituted by the words “Election Commission of
Pakistan”. The twentieth amendment was promulgated in 2012.
Twenty-first Amendment: It was passed by both the houses of the parliament on 6 January
2015. Through this amendment the military courts were established for speedy trial for terrorist
offenses, waging war against Pakistan and the acts threatening the security of Pakistan. It was
decided that the initial duration of these courts would be two years. The decision to amend the
constitution came after the Army Public School, Peshawar massacre on 16 December 2014.
Twenty-second Amendment: It was passed in June 2016. The Amendment was unanimously
passed by the National Assembly and the Senate. Through the amendment important positive
electoral reforms had been introduced. The aim of these reforms was to solve the issues
regarding the limitations in the functions of the Election Commission of Pakistan (ECP) and
its chief, the Chief Election Commissioner (CEC).
Twenty-third Amendment: The Twenty-third Amendment was passed for the establishment
of the military courts for additional two years till 6 January 2019. The military courts were
established in 2015 for the period of two years. The period had to expire on 6 January 2017;
hence the twenty third amendment was passed. At the end of this period all the amendments
will automatically expire.
Twenty-forth Amendment: This amendment was promulgated in December 2017 and it was
for the approval of adjustment of seats in the Parliament of Pakistan. The constitutional
amendment was brought in the parliament after the provisional results of the Census 2017. The
Punjab lost some seats while the provinces of Balochistan and Khyber Pakhtunkhwa gained
the seats. The Sindh province had no affects; however, the overall number of seats in the
National Assembly will stay the same.
Twenty-fifth Amendment: This amendment was passed by the Parliament of Pakistan and the
Khyber Pakhtunkhwa Assembly in May 2018. After the implementation of this amendment,
the Federally Administrated Tribal Areas (FATA) has been merged with the Khyber
Pakhtunkhwa.
Twenty-sixth& Twenty-seventh Amendments: Both the bills were introduced by Minister
for Law and Justice and Climate Change Zahid Hamid in the house in 2017. The first was a
proposed amendment to the Constitution of 1973. Its aim was to restore the delegation powers
of the federal government authorities which were not included in the eighteenth amendment.
However, the said amendment was not adopted and never officially became part of the
constitution of Pakistan. The second was regarding the Electoral Reforms package comprising
Draft Election Bill, 2017. The said bill was approved by the National Assembly of Pakistan in
October 2017.
Twenty-eighth and Twenty-ninth Amendments: The two bills were presented by Minister
for Law and Justice Zahid Hamid on 10 March 2017 in National Assembly of Pakistan to
introduce new constitutional Bills. The 28th Amendment Bill 2017 was aimed to restore the
military courts in the country while the 29th Amendment Bill was aimed to enable trial of the
cases related to terrorism under the Pakistan Army Act 1952.