By Constitutions of Pakistan: Evolution, Key Features & Challenges
Overview of Constitutions of Pakistan evolution from 1956 to today, highlighting key features, amendments, and governance challenges.
Since its inception, Pakistan has faced significant challenges while establishing a stable constitution. Pakistan has promulgated three major constitutions: the first in 1956, the second in 1962, and the third in 1973. A constitution is a set of rules for the governance of a state. The article below describes the Constitutions of Pakistan, their background, features, and effects of each constitution.
Constitutions of Pakistan 1956:
The First Constitution of Pakistan was made official on 23rd March, 1956. Before the first constitution, the Government of India Act 1935 was retained as the constitution. Therefore, it was an important step for Pakistan as it moved from the British Act of 1935 to its own constitution. Some important parts of the Constitution of 1956 are listed below:
Islamic Republic:
It declared Pakistan as an Islamic Republic, which was a big step towards making the laws fit the Muslim-majority nature of the country.
Parliamentary System:
The Constitution of 1956 adopted the parliamentary form of government in which the Prime Minister ran the government and the President was only in charge of ceremonies.
Fundamental Rights:
The constitution gave the basic rights for the first time, including the freedom of thought, equality before the law, equal opportunities, freedom of speech, and freedom of religion.
Unfortunately, this constitution didn’t last long. In 1958, President Iskander Mirza revoked it and replaced it with martial law, which shows how hard it was to get the government stable in the beginning.
Constitutions of Pakistan 1962:
President Ayub Khan promulgated the 1962 Constitution, marking a change from a government democracy to a presidential system. Important parts of this law are:
Presidential System: It vested extensive powers in the President, reducing the role of the Prime Minister and the Parliament.
Basic Democracies: The constitution set up a system called “Basic Democracies,” in which local groups chose elected officials. The goal was the grassroots approach to governance.
Secular Emphasis: The constitution toned down some of the Islamic elements to some extent, focusing more on centralised governance.
However, critics argued that this constitution made it harder for people to get involved in politics. The authorities put it on hold in 1969 due to rising unrest and discontent, which caused another period of instability.
Constitutions of Pakistan 1973:
Zulfikar Ali Bhutto and his team passed the Constitution of 1973, which remains the most durable and is still used today (with some changes). People celebrate this constitution because it establishes a fair democracy with checks and balances. Some important features are:
Federal Parliamentary System:
The Constitution of 1973 brought back the parliamentary system. The Prime Minister is in charge of running the government, while the President serves as a ceremonial head.
State Religion Islam:
1973 Constitution of Pakistan declared Islam as the state religion. This constitution reinforced the Islamic identity of Pakistan while protecting religious freedom.
Fundamental Rights:
The Constitution of Pakistan 1973 focused on basic rights. From article 8 to article 28 of the constitution of Pakistan, the fundamental rights include freedom speech, rights of education, equality of citizens, the right to fair trial, etc.
The government made many changes to the Constitution of 1973 to address evolving political and social needs, implementing significant reforms like the 18th Amendment, which increased the autonomy of the provinces.
Key Amendments
Several amendments have been made in 1973’s constitution of Pakistan. Some of them are:
- 8th Amendment (1985): This amendment, passed in 1985, gave the president more power, especially to dissolve the National Assembly.
- 18th Amendment (2010): In 2010, lawmakers passed this amendment, which limited the president’s power, emphasized federalism, and gave provinces more freedom. This was a step towards federation.
- 21st Amendment (2015): In 2015, lawmakers passed this amendment, which sets up military courts to handle cases related to terrorism in the constitution. This amendment reflects the country’s concern in responding to new security challenges.
Conclusion:
Pakistan’s constitutions have had a big impact on the country’s governance and legal framework. Each constitution shows the hopes and challenges. While the 1973 Constitution has kept things stable, many changes have shown how lawmakers are still working on the legal system to find a balance between central and provincial powers and to reflect the will of the people.
Plans about the constitutions of Pakistan for the future:
Pakistan may change its constitution again as it grows to keep up with the times and emphasizes the importance of good government, basic rights, and fair power sharing among institutions.
Recent Amendment in Constitution of Pakistan (2024):
The 26th Amendment to Pakistan’s Constitution, which became law in October 2024, is an attempt to meet the country’s changing needs in terms of democracy and government. As times change in politics, society, and government, the amendment tries to improve the integrity of elections, give provinces more power, and hold the federal government more accountable. These are all important parts of a fair and effective government system.
Why the change was needed
In the past few years, there have been more and stronger calls for a more open election process and equal power between the provinces and the central government. In answer to these worries related to the concerns about the fairness of elections and the independence of provinces, the 26th Amendment was made.
Key Changes The 26th Amendment made it possible.
Election Transparency
New measures to prevent election fraud and boost voter registration are included. The amendment introduces stronger criteria and improved technology to ensure polls accurately reflect the will of the people. This solves long-standing cheating and error issues.
Province-specific freedom
Because provinces must solve local issues, the amendment gives them more administrative power. This empowers provinces to make decisions that benefit their residents, promoting regional governance.
Federal oversight mechanisms
The amendment creates federal supervision procedures to align provincial policies with national goals. This maintains consistency and norms. These checks and balances preserve national unity and strategic goals while allowing provinces to be independent.