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CONSTITUTION OF PAKISTAN; ITS INTRODUCTION, DEVELOPMENT, SALIENT FEATURES & AMENDMENTS

Constitution of Pakistan

Introduction to Constitution

The constitution is a written document that serves as the supreme law of a country or organization. It establishes the framework for the government, defines the rights and responsibilities of citizens, and sets limits on the powers of the government. 

The Constitution typically outlines the structure of the government, the roles and responsibilities of its various branches, and the procedures for making laws and enforcing them. 

It may also include a bill of rights, which protects the fundamental rights of citizens and limits the government's ability to infringe upon those rights. The Constitution is considered a foundational document that guides the operation of the government and the society it governs.


Constitution of Pakistan

The Constitution of Pakistan is the supreme law of the Islamic Republic of Pakistan. It was adopted by the Constituent Assembly of Pakistan on March 12, 1949, and came into effect on March 23, 1956. The current Constitution was amended several times since its inception, with the latest amendment being made in 2020.

The Constitution of Pakistan provides for a federal parliamentary system of government with a President as the head of state and a Prime Minister as the head of government. It guarantees fundamental rights to all citizens of Pakistan, including the right to life, liberty, and property. It also establishes the judiciary as an independent institution, with the Supreme Court as the highest court in the country.

The Constitution divides the powers between the federal government and the provincial governments, with the federal government having control over defense, foreign affairs, and currency, while the provincial governments have control over education, health, and local government. The Constitution also establishes the Islamic Republic of Pakistan as an Islamic state, with Islam being the state religion.

Overall, the Constitution of Pakistan provides the legal framework for the governance of Pakistan and outlines the rights and responsibilities of its citizens, government, and institutions.


Constitutional Development in Pakistan

Pakistan's constitutional development can be divided into four main phases:

1.      1947-1956: The Dominion of Pakistan was created in 1947 and adopted the Government of India Act of 1935 as its interim constitution. In 1956, Pakistan adopted its first constitution, which established the country as an Islamic Republic.

2.      1956-1971: In 1958, a military coup led by General Ayub Khan overthrew the government and suspended the constitution. Ayub Khan then introduced a new constitution in 1962, which concentrated power in the hands of the president and limited political freedoms.

3.      1971-1985: After the breakup of Pakistan and the creation of Bangladesh in 1971, Pakistan adopted a new constitution in 1973. The 1973 Constitution provided for a federal system of government and granted significant powers to the provinces. However, the constitution was suspended several times by military governments during this period.

4.      1985-present: In 1985, a new constitution was introduced under General Zia-ul-Haq, which further strengthened the president's powers and limited political freedoms. This constitution was amended several times during the 1990s and 2000s to increase the powers of the prime minister and parliament. In 2010, the 18th Amendment to the Constitution was passed, which restored the 1973 Constitution's federal structure and devolved more powers to the provinces. However, concerns remain about the military's influence in politics and the protection of human rights.

Constitution of 1973

The Constitution of 1973 is the current constitution of Pakistan. It was adopted on April 12, 1973, and came into effect on August 14, 1973, replacing the 1962 Constitution of Pakistan.

The Constitution of 1973 established Pakistan as a federal parliamentary republic with a President as the Head of State and a Prime Minister as the Head of Government. It also provides for a bicameral legislature, consisting of the National Assembly (lower house) and the Senate (upper house).

The Constitution of 1973 enshrines the principles of democracy, freedom, equality, and social justice. It guarantees fundamental rights to all citizens of Pakistan, including the right to life, liberty, and property, freedom of speech, religion, and assembly, and the right to a fair trial.

The Constitution of 1973 has been amended several times since its adoption, with the most significant changes being made in 1977, 1985, 1997, and 2010. Some of these amendments have been controversial, particularly those that have granted more power to the President or limited the power of the judiciary.

Overall, the Constitution of 1973 has played an important role in shaping Pakistan's political and legal system and remains a key document in the country's history.

Salient Features of the Constitution of 1973

The Constitution of 1973 is the supreme law of Pakistan, which was promulgated on April 12, 1973. It is the third constitution of Pakistan and replaced the Constitution of 1962. The salient features of the Constitution of 1973 are:

1.      Islamic Republic of Pakistan: The Constitution of 1973 declares Pakistan as an Islamic Republic and requires all laws to be in accordance with the Quran and Sunnah.

2. Parliamentary form of government: The Constitution establishes a parliamentary form of government with a federal system of government, consisting of four provinces and other territories.

3.    Fundamental Rights: The Constitution of 1973 guarantees fundamental rights to all citizens of Pakistan, including equality before the law, freedom of speech, religion, and association.

4.      Presidential system: The Constitution provides for a President, who is the head of state and elected by an electoral college consisting of members of the National Assembly, Senate, and the provincial assemblies.

5.    Prime Minister and Cabinet: The Constitution provides for a Prime Minister and a Cabinet, who are responsible to the National Assembly.

6.    Bicameral Legislature: The Constitution establishes a bicameral legislature, consisting of the National Assembly and the Senate.

7.      Provincial autonomy: The Constitution grants autonomy to the provinces, including the power to raise their own revenue and make laws on certain subjects.

8.    Islamic provisions: The Constitution includes Islamic provisions, such as the requirement that the President and Prime Minister be Muslim and the establishment of a Council of Islamic Ideology to advise the government on matters relating to Islam.

9.      Independent judiciary: The Constitution provides for an independent judiciary, with the Supreme Court as the highest court of appeal.

10.   Amendment procedure: The Constitution of 1973 provides for an elaborate procedure for amending the Constitution, which requires the approval of both houses of Parliament and a two-thirds majority vote.

Amendments made in the Constitution of Pakistan

The Constitution of Pakistan has been amended several times since its inception in 1956. Here is a list of the 25 amendments made to the Constitution of Pakistan:

1.  1. The Constitution (First Amendment) Act, 1958

2.     The Constitution (Second Amendment) Act, 1962
3.  The Constitution (Third Amendment) Act, 1974
4.   The Constitution (Fourth Amendment) Act, 1975
5. The Constitution (Fifth Amendment) Act, 1976
6. The Constitution (Sixth Amendment) Act, 1976
7.  The Constitution (Seventh Amendment) Act, 1977
8. The Constitution (Eighth Amendment) Act, 1985
9. The Constitution (Ninth Amendment) Act, 1985
10.   The Constitution (Tenth Amendment) Act, 1987
11.   The Constitution (Eleventh Amendment) Act, 1990
12.   The Constitution (Twelfth Amendment) Act, 1991
13.   The Constitution (Thirteenth Amendment) Act, 1997
14.   The Constitution (Fourteenth Amendment) Act, 1997
15.   The Constitution (Fifteenth Amendment) Act, 1998
16.   The Constitution (Sixteenth Amendment) Act, 1999
17. The Constitution (Seventeenth Amendment) Act, 2003
18.   The Constitution (Eighteenth Amendment) Act, 2010
19.   The Constitution (Nineteenth Amendment) Act, 2010
20.   The Constitution (Twentieth Amendment) Act, 2012
21. The Constitution (Twenty-first Amendment) Act, 2015
22. The Constitution (Twenty-second Amendment) Act, 2016
23. The Constitution (Twenty-third Amendment) Act, 2017
24. The Constitution (Twenty-fourth Amendment) Act, 2017
25. The Constitution (Twenty-fifth Amendment) Act, 2018

Each amendment has brought about significant changes to the Constitution, including changes to the power structure of the government, electoral procedures, and fundamental rights.

Key Amendments in the Constitution of Pakistan  

The Constitution of Pakistan has been amended several times since its adoption in 1973. Some of the key amendments are:

Eighth Amendment (1985): This amendment gave sweeping powers to the President, including the power to dissolve the National Assembly and dismiss the Prime Minister. It also introduced Article 58(2)(b), which allowed the President to dissolve the National Assembly if the Prime Minister had lost the confidence of the majority of the members.

Thirteenth Amendment (1997): This amendment curtailed the powers of the President and restored the powers of the Prime Minister. It also gave the Prime Minister the power to appoint the service chiefs.

Seventeenth Amendment (2003): This amendment was introduced by General Pervez Musharraf's military government and gave the President the power to dismiss the Prime Minister and dissolve the National Assembly. It also amended the Constitution to allow Musharraf to hold the office of President while still being the Chief of Army Staff.

Eighteenth Amendment (2010): This amendment repealed several of the changes made by the Eighth and Seventeenth Amendments. It restored the Constitution to its original form by giving the Prime Minister more power and reducing the power of the President. It also gave more autonomy to the provinces.

Twenty-First Amendment (2015): This amendment established military courts to try terrorism suspects. It was introduced as a response to a wave of terrorist attacks in the country.

Twenty-Fifth Amendment (2018): This amendment merged the Federally Administered Tribal Areas (FATA) with the province of Khyber Pakhtunkhwa. It also increased the number of seats in the National Assembly and the Senate.

Written by Raja Bahar Khan Soomro 

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Location: Larkana, Sindh, Pakistan

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