Lahore Garrison University

Subject: Ideology of Pakistan

Submitted by: Muhammad Ibraheem
Submitted to: Ms. Namrah Omer
Roll No: Fa-2023/BSCS/463
Section: L
CONSTITUTIONAL
DEVELOPMENT OF
PAKISTAN
(A comparative analysis of constitution of 1956,
1962, and 1973)
What is a constitution?

• A constitution is the rule book for a state. It sets

out the fundamental principles by which the state
is governed.
• It describes the main institutions of the state, and
defines the relationship between these
institutions (for example, between the executive,
legislature and judiciary).
• It places limits on the exercise of power, and sets
out the rights and duties of citizens.
Why is a Constitution necessary for a
country?

A constitution is important because it ensures that

those who make decisions on behalf of the public fairly
represent public opinion. It also sets out the ways in
which those who exercise power may be held
accountable to the people they serve.
 CONSTUTION OF PAKSTAN

• The Constitution of Pakistan provides for parliamentary democracy in

the country. It assures fundamental rights, provincial autonomy and
local governance. It also paves the way for a sense of equality among
the federating units by giving equal representation to all provinces in
the upper house.
• The constitution must describe the relation between the main institutes
of Pakistan:
 Legislature
 Judiciary
 Executive
 Objectives resolution
The Objectives Resolution of Pakistan, also known as the Lahore
Resolution, was a significant event in the early history of
Pakistan. It was passed by the Constituent Assembly of Pakistan,
which later became the Parliament of Pakistan. The resolution
laid down the fundamental principles that would guide the
constitution and governance of Pakistan.
 Major points of objective resolution
• Sovereignty Belongs to Allah: The resolution declared that sovereignty
over the entire universe belongs to Allah alone, and the authority to be
exercised by the people of Pakistan within the limits prescribed by Him is a
sacred trust.
• Islamic Principles: It affirmed that the principles of democracy, freedom,
equality, tolerance, and social justice, as enunciated by Islam, would be fully
observed.
• Muslim Unity: The resolution emphasized the importance of the unity of
the Muslim world and called for the promotion of the well-being of the
people, irrespective of their religion, race, or creed.
• Rights of Minorities: It ensured the protection of the rights of minorities
and the promotion of their educational, economic, social, and cultural rights.

It influenced the framing of the Constitution of Pakistan in 1956, and its

principles have been reiterated in subsequent constitutions.
 CONSTITUTIONS OF PAKISTAN
• Pakistan has three major constitutions, 1956,
1962 and 1973.
• The Constitution of 1956 and 1962 are allot
similar because East Pakistan was part of
Pakistan, but the separation of East Pakistan
constitution has changed, the 1973 constitution
came into being.
 COMMON POINTS OF CONSTITUTIONS

• Preamble of Constitutions:
As we have discussed above that the objective resolution was
included as preamble in all constitutions.
• Sovereignty to Allah:
The preamble of the constitution acknowledged the sovereignty
belongs to Allah and recognized that the authority to be
exercised by the people of Pakistan was a sacred trust.
• Islamic state:
The 1956 Constitution declared Pakistan as an Islamic Republic,
reflecting the country's commitment to the principles of Islam.
• Drafted constitutions:
All constitutions are written (written constitution is the
type of constitution which is passed by the parliament).

• Fundamental Rights:
It was mentioned in the constitution that the citizens will
be provided full civic rights to lead a prosperous life and
utilize their faculties

• Judiciary:
The judiciary will be independent, including supreme
court and high court. Judges are appointed by the
president of Pakistan for the time written in the
constitution.
 LEGISLATURE of CONSTITUTION OF 1956

• It is parliamentary form of government. The Constitution of

1956 established a Unicameral Legislature known as the National
Assembly.
• It was to consist of 300 members. The age limit for a candidate for
a seat in the National Assembly was 25 years.
• Members of the Assembly were to be elected based on Direct
Elections conducted based on Adult Franchise. However, for the first
ten years, five additional seats were reserved for women in
each wing. Every citizen, who was more than 21 years of age was
considered an adult.
• It adopted federation as the basic structure of the state, with a
unicameral legislature. There were three lists for the sharing of
powers between the centre and the federating units: the Federal
list, the Provincial list, and the Concurrent list.
• The federal legislation was to take precedence over provincial
legislation regarding the concurrent list.
• In the event of a conflict between the federal and provincial
governments, or between the provincial governments, the Chief
Justice of the Supreme Court was to act as a mediator.
 LEGISLATURE of CONSTITUTION OF 1962

• It is the presidential form of government. In constitution of 1962

central legislature had one house known as the National Assembly
with 157 members; equality between the two wings was maintained
in it.
• The President was elected by an Electoral College comprising
80,000 Basic Democrats, equally distributed between the two
provinces.
• The National Assembly was exclusively empowered to legislate for
the central subjects. However, it could legislate on matters falling
under provincial jurisdiction. The power to impose taxes was vested in
the central legislature.
• The Constitution provided for a federal system with the principle of
parity between East Pakistan and West Pakistan having their own
separate provincial governments.
 LEGISLATURE of CONSTITUTION OF 1973

• It is parliamentary from of government. The Constitution of

1973 provides for the establishment of a bicameral legislature
that consists of two houses, namely, the National Assembly, the
lower house, and the Senate, the upper house.
 Total members of the national assembly will be 342 of
which 60 will be women and 10 non-muslims.
 Total members of senate will be 104, including 17 women
and 4 non-muslims, 22 from each province, 8 from FATA and 4
from Federal Capital.
All public representatives of the national assembly and the
provincial assemblies are elected through the direct votes of
adults.
• Maximum powers are vested in the elected parliament and the
Prime Minister, as head of government, has many more powers
than the head of state (President).
 FLEXIBILITY AND RIGIDITY

• The Constitution of 1956 was a fairly flexible document, as the

method for its amendment was not difficult.
• The constitution of 1962 was a very rigid Constitution,
amendable by at least a two-thirds majority of the parliament,
and that too after authentication by the President.
• The Constitution of 1973 strikes a fairly good balance
between rigidity and flexibility. As per universal practice, it
does allow constitutional amendments but requires a two-thirds
majority of the parliament (National Assembly and Senate) to
approve them.
THANK
YOU