# Constitutional Development The **Constitution** is the basic law of any state and is an expression of the thinking and aspiration of a nation. It contains the list of human rights and also explains the structure of a state and the form of government. The British Government entrusted the responsibility of drafting the constitution to the Constituent Assembly under the **3rd June 1947 Plan**. On **August 14, 1947**, the **Government of India Act of 1935** was adopted as an Interim Constitution. It remained functional with certain amendments until 1956. ## The Objective Resolution (1949) The Prime Minister **Liaquat Ali Khan** presented the aims and objectives of the constitution before the Constituent Assembly. After the debate, a resolution was passed on **12th March 1949** and was known as the **Objective Resolution**. It was a significant and first step towards constitution-making in Pakistan. The salient features of the resolution are mentioned below: 1. **Sovereignty:** Sovereignty over the entire universe belongs to **Allah**, and the people of Pakistan will exercise governmental powers as a sacred trust within limits prescribed by Him. 2. **The Constitution:** The Constituent Assembly will frame the constitution for the sovereign independent State of Pakistan. 3. **The State Authority:** The State shall exercise its powers and authority through the elected representatives of the people of Pakistan. 4. **The Islamic Principles:** The Islamic principles of social justice, equality, democracy, and freedom as articulated by Islam shall be fully observed in the country. 5. **The Individual and Collective Lives of the Muslims:** The Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings of Islam. 6. **Rights of Minorities and Marginalized Groups:** The minorities will be given opportunities to freely profess and practice their religions and develop their cultures. Provisions shall be made to protect the lawful interests of minorities, backward, and depressed classes. 7. **The Federation:** The areas currently part of Pakistan and any new areas that join will form a federation. The provinces will enjoy autonomy as prescribed in the constitution. 8. **Fundamental Rights of the Citizens:** The citizens of Pakistan will enjoy fundamental rights such as equality before the law, social, political and economic justice, freedom of thought, expression, belief, faith, worship, and association, subject to law and public morality. 9. **The Judiciary:** The independence of the judiciary shall be protected. 10. **The Integrity of the Federation:** The integrity of the territories of the federation, its independence, and all its rights including its sovereign rights on land, sea, and air shall be safeguarded. ## Importance: The **Objective Resolution** has great importance in the political landscape of Pakistan. It laid the foundation for the future constitution of Pakistan. * It was made part of the Constitutions of **1956 and 1962** as the **'Preamble'**. * It was declared as the **'Operative Clause'** of the **1973 Constitution** during the rule of General Zia-ul-Haq (via Article 2-A). ## Delay in Constitution-Making The 1935 Act was passed by the British Government to meet its colonial needs. There was an utmost need for a new constitution in Pakistan that could meet its political, social, and ideological requirements. Soon after its creation, Pakistan faced gigantic problems, and the process of constitution-making was delayed. The following were the main reasons for the delay. ## 1. Initial Problems: In the initial years, Pakistan had to face multidimensional problems. These issues delayed the constitution-making. ## 2. Efforts for Constitution-Making: The following efforts were made to reach a consensus over the draft of the constitution. However, consensus could not be achieved, causing delay in the constitution-making process. ### A. The Basic Principle Committee's First Report (September 1950): After the approval of the Objective Resolution in March 1949, the **Basic Principle Committee** was instituted under the headship of **Liaquat Ali Khan**. The committee instituted sub-committees to examine certain significant issues separately. * The committee presented the draft constitution in the Constituent Assembly in **September 1950**. * The representatives of **East Pakistan opposed the draft constitution**. One of the important reasons for their opposition was the recommendation of **Urdu** as the national language. * Liaquat Ali Khan was assassinated on **October 16, 1951**, and the process was further delayed. ### B. The Basic Principle Committee's Second Report (December 1952): **Khawaja Nazimuddin** became the Prime Minister after the assassination of Liaquat Ali Khan. He presented the second draft constitution on **December 22, 1952**. A few recommendations included: 1. The central legislature shall consist of two houses. Both houses shall enjoy equal powers. 2. The term of both houses will be five years. 3. The head of the state will be a Muslim. 4. The head of the state will be elected by both houses of the central legislature. 5. The term of office of the head of the state will be five years. * **Result:** The leaders of West Pakistan criticized the second draft. East Pakistan's leadership also spoke against equal representation of both wings. Prime Minister Khawaja Nazimuddin was removed from office on **April 16, 1953**. ### C. Muhammad Ali Bogra Formula: After the removal of Khawaja Nazimuddin, **Muhammad Ali Bogra** became the Prime Minister in 1953 and presented the third draft constitution on **October 7, 1953**. It was named the **'Muhammad Ali Bogra Formula'**. * **Two Houses:** There will be two houses of the central legislature with equal powers. * **Upper House (House of Units):** 50 members, divided equally among five provinces. * **Lower House (House of the People):** 300 members, divided on population basis (165 to East Pakistan, 135 to West Pakistan). * **Languages:** Urdu and Bengali will be the official languages. Prime Minister Muhammad Ali Bogra warmly announced that the new constitution would be promulgated in December 1954. However, Governor General **Malik Ghulam Muhammad dissolved the Constituent Assembly on October 24, 1954**, and the first constitution could not be promulgated. ## The Constitution of 1956 After a lengthy period of almost nine years, Pakistan was able to frame a constitution that was promulgated on **March 23, 1956**. The salient features are: 1. **Written and Flexible:** Contains 234 Articles. Could be amended by a 2/3 majority of the National Assembly. 2. **Federal Structure:** Powers divided between the federal government and provinces. 3. **Parliamentary System:** The Prime Minister was the head of the executive, elected by the National Assembly. 4. **The Unicameral Legislature:** A single house called the National Assembly with a tenure of five years. Equal representation for both Wings (East and West). 5. **The President:** Head of the state with nominal powers. Must be a Muslim. 6. **The Governor:** Appointed by the president as a representative of the federation. No fixed tenure. 7. **National Languages:** **Urdu and Bengali** were declared as national languages. 8. **The Judiciary:** Supreme Court (highest in country) and High Courts (highest in province). 9. **Fundamental Rights:** Included equality before law, non-discrimination, liberty, property rights, and freedom of expression. ## 10. Islamic Provisions * An **Islamic Advisory Council** was established. * The name of the country was **'Islamic Republic of Pakistan'**. * The **Objective Resolution** of 1949 was declared as the **'Preamble'**. * The candidate for the presidency had to be a **Muslim**. * Laws had to be made according to the teachings of Islam. ## The 1962 Constitution On **October 7, 1958**, President Iskandar Mirza abrogated the 1956 Constitution, imposed martial law, and appointed **Ayub Khan** as Chief Martial Law Administrator (CMLA). Ayub Khan prepared a new Constitution and implemented it in **1962**. 1. **Written:** Contained 250 Articles. 2. **Federal System:** Two provinces (East and West Pakistan). Strong central government. 3. **Unicameral Legislature:** National Assembly with a 5-year tenure and equal representation for both wings. 4. **Presidential System:** The President was head of state and executive. Elected by members of **Basic Democracies** for 5 years. Removable by impeachment. 5. **Indirect Elections:** The President and assemblies were elected by the members of **Basic Democracies** (Electoral College). 6. **National Languages:** Urdu and Bengali. 7. **The Judiciary:** Supreme Court and High Courts. 8. **Fundamental Rights:** A list of rights was included. 9. **Rigid Constitution:** Amendment required a 3/4 majority of the National Assembly with the President's concurrence. ## 10. Islamic Provisions: * Official name: **'Islamic Republic of Pakistan'**. * Objective Resolution was the **'Preamble'**. * The President was to be a **Muslim**. * Laws according to Islam. * **Islamic Advisory Council:** Established with an advisory role (opinion not binding). ## Analysis The 1962 Constitution was framed by Ayub Khan and not by an assembly. It granted extensive powers to the President. The impeachment process was difficult, and the indirect election method was controversial. Provincial autonomy was not ensured. Ayub Khan strengthened the office of the President rather than the system. On **March 25, 1969**, **General Yahya Khan** imposed Martial Law and abrogated the 1962 Constitution. ## The 1973 Constitution The **1973 Constitution** was a consensus-based Constitution passed by the National Assembly. It was promulgated on **August 14, 1973**. It is comprehensive and democratic compared to previous constitutions. 1. **Written:** Contains 280 Articles, 12 Parts, and 5 Schedules. 2. **Federal System:** Four provinces (Balochistan, Khyber Pakhtunkhwa, Punjab, Sindh) and the federal capital Islamabad. 3. **High Treason:** Under **Article 6**, suspending or abrogating the constitution is high treason. The 18th Amendment (2010) strengthened this. 4. **The Parliament:** Bicameral (Two Houses). * **National Assembly (Lower House):** 336 seats, elected for 5 years based on population. * **Senate (Upper House):** 96 seats, permanent institution. Equal representation for provinces. Senators elected for 6 years (half retire every 3 years). 5. **Parliamentary Form of Government:** The **Prime Minister** is the head of the executive with real powers, elected by the National Assembly. 6. **The President:** Head of state with nominal powers, elected for 5 years by the Parliament and four provincial assemblies. 7. **The Judiciary:** Supreme Court (highest court) and five High Courts. 8. **The Provincial Government:** Chief Minister (Head of Executive) elected by Provincial Assembly. Governor appointed by President on PM's advice. 9. **Provincial Autonomy:** The **18th Amendment** devolved ministries and abolished the Concurrent Legislative List, giving provinces more power. ## 10. Islamic Provisions * **Islam** is the official religion. * Prime Minister and President must be **Practicing Muslims**. * Laws must conform to the **Quran and Sunnah**. * **Council of Islamic Ideology** makes recommendations to Parliament. * Definition of a Muslim includes belief in the **finality of Prophethood**. * **Article 2-A** made the Objective Resolution a substantive part of the constitution. ## Analysis The 1973 Constitution was overhauled under the 18th Amendment, establishing a genuine parliamentary system. Presidential powers were reduced, democracy secured under Article 6, and provincial autonomy increased. ## Fundamental Human Rights Granted under the UN Human Rights Declaration 1948 and the 1973 Constitution **UN Universal Human Rights Declaration (1948):** * All human beings are born free and equal. * Right to life, liberty, and security. * Prohibition of slavery and slave trade. * Equality before the law. * Freedom of movement, opinion, expression, and assembly. * Right to education and property. **Human Rights under the 1973 Constitution:** * No deprivation of life or liberty save in accordance with law. * Equality before the law; fair trial and due process. * Prohibition of slavery, forced labor, and torture. * Freedom of movement, expression, business, association, and speech. * Right to information. * **Free and compulsory education** for children aged 5 to 16. * No discrimination based on religion, caste, race, or place of birth. ## A Comparison between UN Declaration and the 1973 Constitution Both documents honor humanity and share a desire for a fair and just society. The 1973 Constitution, inspired by Islamic values and international standards, highlights socio-economic rights. While the foundation is strong, the true value depends on implementation, government commitment, and judicial enforcement. ## Responsibilities of a good Citizen In a reciprocal relationship between a state and its populace, citizens are expected to: * **Pay taxes** consistently to support public services. * Demonstrate **loyalty** and patriotism to the state. * Respect and adhere to **laws**. * Report criminal activities to promote public safety. * Assist government institutions during crises (e.g., natural disasters). * **Vote** for capable and honest leadership. * Reject **corruption** and prioritize collective well-being. ## Rights of Women and Minorities in the 1973 Constitution The Constitution guarantees equal rights (Articles 8 to 28): 1. No discrimination based on religion, caste, race, or place of birth. 2. **Gender Equality:** No discrimination on the basis of sex. 3. State can make special provisions for the protection of women and children. 4. Prohibition of slavery and forced labor. 5. Freedom of religion (profess, practice, and propagate). 6. No denial of admission to educational institutions based on race/religion. 7. Equal access to public entertainment places. 8. Right to preserve language and culture. ## Impact on Developing the Culture of Peace Provision of rights leads to: * **Empowerment of Women:** Greater participation in decision-making. * **Protection from Discrimination:** Fosters security and belonging. * **Promotion of Tolerance:** Builds bridges between groups. * **Legal Framework:** Encourages peaceful resolution of conflicts. * **Enhanced Social Cohesion:** Builds trust and cooperation. * **Prevention of Extremism:** Promotes pluralism and coexistence. ## Structure of Government under the 1973 Constitution ### 1. The Executive * **Prime Minister:** Head of executive, elected by National Assembly. * **Cabinet:** Nominated by PM from Parliament (up to 11% of total Parliament membership). Collective responsibility to Parliament. * **President:** Head of State, elected by Electoral College (Parliament + Provincial Assemblies). Nominal powers. ### 2. The Parliament The Parliament comprises two houses: **The National Assembly (Lower House):** * Term: 5 years. * Can remove PM via vote of no confidence. * Seat Allocation (Total 336): | Category | General Seats | Women | Total | | :--- | :--- | :--- | :--- | | Balochistan | 16 | 04 | 20 | | Khyber Pakhtunkhwa | 45 | 10 | 55 | | Punjab | 141 | 32 | 173 | | Sindh | 61 | 14 | 75 | | Federal Capital | 03 | NIL | 03 | | Non-Muslims | - | - | 10 | | **Total** | **266** | **60** | **336** | **The Senate (Upper House):** * Permanent institution (cannot be dissolved). * Term: 6 years (half retire every 3 years). * Total Membership: 96. | Province/Area | General Seats | Women | Technocrats/Ulema | Non-Muslim | | :--- | :--- | :--- | :--- | :--- | | Balochistan | 14 | 04 | 04 | 01 | | Khyber Pakhtunkhwa | 14 | 04 | 04 | 01 | | Punjab | 14 | 04 | 04 | 01 | | Sindh | 14 | 04 | 04 | 01 | | Federal Capital | 02 | 01 | 01 | NIL | | **Total** | **58** | **17** | **17** | **04** | ### The Judiciary * **Supreme Court:** Highest court. * **Appointment:** Judicial Commission nominates -> Parliamentary Committee confirms -> PM forwards to President. * **Functions:** Resolves disputes between governments, hears appeals, interprets Constitution. ## The Provincial Structure * **The Executive:** Chief Minister (Head) elected by Provincial Assembly. Governor (Constitutional Head) appointed by President. * **The Legislature:** Provincial Assembly elected for 5 years. * **The Judiciary:** High Court in each province. Judges appointed via Article 175-A. ## Process of Democracy * **Elections:** Overseen by the Election Commission of Pakistan (ECP). * **Independent Judiciary:** Maintains rule of law. * **Political Parties:** Multi-party system. * **Voters:** Citizens 18+ years old. * **Media Freedom:** Acts as a watchdog. ## Important Constitutional Institutions ### 1. National Finance Commission (NFC) Established under Article 160 to decide financial distribution between Federal and Provincial governments. **7th NFC Award Criteria (2010):** | Criterion | Weightage | | :--- | :--- | | Population | 82.0% | | Poverty/Backwardness | 10.3% | | Revenue Collection | 5.0% | | Inverse Population Density | 2.7% | **Provincial Shares:** | Province | Share | | :--- | :--- | | Punjab | 51.74% | | Sindh | 24.55% | | Khyber Pakhtunkhwa | 14.62% | | Balochistan | 9.9% | ### 2. Economic Coordination Committee (ECC) * Chairman: Prime Minister (or nominated minister). * Functions: Coordinates economic policies, reviews import policy, monitors monetary situation. ### 3. Council of Common Interest (CCI) * Established under Article 153. * **Composition:** PM (Chairman), 3 Federal Ministers, 4 Chief Ministers. * **Function:** Regulates policies on Federal Legislative List Part II. Meets once in 90 days. ### 4. The Election Commission of Pakistan (ECP) * Consists of Chief Election Commissioner and four members (5-year term). * **Duties:** Prepare voter lists, conduct elections for Senate, Assemblies, and Local Governments. ## Amendments in the Constitution of 1973 Passed by a 2/3 majority of Parliament. * **2nd Amendment (1974):** Defined the status of a Muslim and declared those who do not believe in the absolute **Finality of Prophethood** of Muhammad (PBUH) as non-Muslims. * **8th Amendment (1985):** Shifted power to the President (Article 58-2B: power to dissolve Assembly). * **13th Amendment (1997):** Reversed the 8th Amendment; stripped President's power to dissolve the Assembly. * **14th Amendment (1997):** Article 63-A introduced to curb **political defections** (floor crossing). * **18th Amendment (2010):** Restored parliamentary spirit. Renamed NWFP to Khyber Pakhtunkhwa. Abolished Concurrent List (provincial autonomy). New judicial appointment process. * **25th Amendment (2018):** Merged **FATA** (Federally Administered Tribal Areas) with **Khyber Pakhtunkhwa**.