Abrogation of 1956’s constitution and Imposition of Martial Law (1958) Introduction of Basic Democracies by Mr. Ayub Khan (1959) Formulation of 1962’s Constitution Constitution of 1962 Salient features of 1962’s Constitution Abrogation of the 1962’s Constitution & Imposition of Martial law by Mr. Yahya Khan (1969) 1973 Constitution

1. Pakistan Studies
Pakistan
Constitutional History
1956 - 1973

2. Topic of Discussion
 An overview of the Constitutional &
Political History of Pakistan form 1956 to
1973

3. Abrogation of 1956’s constitution
and Imposition of Martial Law
(1958)
 No elections were held after the
enforcement of constitution 1956.
 1956 constitution was abrogated on
October 7, 1958.
 It worked from March 23, 1956 to
October 7, 1958 as military took over
and resultantly Mr. Ayub khan became
the Chief Martial Law administrator

4. Introduction of Basic
Democracies by Mr. Ayub Khan
(1959)
 In October 1959 Basic Democracies was
introduced
 Under this system Forty Thousand basic
democrats (local councilors) were to be
elected in each federating unite.
 Elections for the Basic Democracies (BD)
were held in Dec. 1959 and Jan. 1960.
Moreover, Presidential referendum was held
by the elected BD members on Feb. 17, 1960

5. Formulation of 1962’s
Constitution
 A Constitution Commission was
established in Feb. 1960 under the
chairmanship of Justice Shahabuddin, a
former Chief Justice of Pakistan.
 This above mentioned Commission
presented its report in May 1961 and
then two committees reviewed it.

6. Constitution of 1962
 Mr Ayub announced the Constitution on
March 1, 1962.
 Elections to the National Assembly and
Provincial Assemblies were held in April
and May 1962 respectively.
 The 2nd
Constitution was enforced on
June 8, 1962. Resultantly, Martial Law
was withdrawn

7. Salient features of 1962’s
Constitution
 Written constitution : consisted of 250
articles which were divided into 12
Parts and three Schedules.
 Partly rigid and partly flexible : National
Assembly with 2/3 majority with the
concurrence of the President with
certain exceptions

8. Salient features of 1962’s
Constitution (cont.)
 Federal System in letter but in spirit
close to unitary system as appointment
of Provincial Governors & the Ministers
were to be made by the president
 Presidential System but with certain
features of Parliamentary system
 Unicameral Legislature : Seat according
to the ratio of population

9. Salient features of 1962’s
Constitution (cont.)
 Indirect Elections: Only 80,000 Basic
Democrats were given the right to vote
in the presidential elections
 Judiciary: Judges of the Supreme Court
were appointed by the president and
ensured security of the service
 Islamic provisions : reinsertion after
public reaction

10. Salient features of 1962’s
Constitution (cont.)
 Political Parties: Originally Political
Parties were not allowed. Political
Parties Act was introduced in 1962
 Fundamental Rights & Principles of
Policy: By 1st
amendment in 1963

11. Abrogation of the 1962’s
Constitution & Imposition of Martial
law by Mr. Yahya Khan (1969)
 Abrogation of the 1962 Constitution on March 25,
1969 led to second martial law in the country
 Mr. Yahya Khan on December 1970 held the first
general elections on the basis of one man one rule
 Awami league got a sweeping victory in the elections
of NA & that of the Provincial Assembly in East
Pakistan
 Whereas PPP emerged as the biggest party in west
Pakistan
 East Pakistan Crisis: War continued between both
countries till 17th
of December 1971 when Pakistan
Army surrender on East Pakistan Front

12. Transfer of power to Mr. Zulfiqar
Ali Bhutto, 1971
 Mr. Yahya Khan handed over power to
Zulfikar Ali Bhutto on Dec 20, 1971
 But martial law continued and there was
no constitution. National Assembly
approved an Interim Constitution which
was enforced on April 21, 1972
 On 14th
August 1973 new constitution
was enforced

13. Salient features of 1973’s
Constitution
 Islamic Republic of Pakistan
 Written and partly flexible :The
constitution comprises 280 articles and
six schedules. The parliament is
authorized to amend it by two third
majorities.

14. Islamic Provisions
 The inclusion of Islamic Provisions has given the
1973 Constitution an unprecedented Islamic
character.
 The name 'Islamic Republic of Pakistan' is selected
for the state of Pakistan.
 Islam is declared as the state religion of Pakistan.
 Steps shall be taken to enable the Muslims of
Pakistan, individually or collectively, to order their
lives in accordance with the fundamental principles
and basic concepts of Islam.

15. Islamic Provisions
 Steps shall be taken to make the teaching of the
Qur'an and Islamiyat compulsory,to encourage and
facilitate the learning of Arabic language and to
secure correct and exact printing and publishing of
the Qur'an.
 Proper organisation of Zakat, waqf and mosques is
ensured.
 Only a Muslim could be qualified for election as
President (male or female) and Prime Minister (male
or female).

16. Islamic Provisions
 The state shall prevent prostitution, gambling
and consumption of alcohol, printing,
publication, circulation and display of obscene
literature and advertisements.
 All existing laws shall be brought in conformity
with the injunctions of Islam as laid down in
the Qur'an and Sunnah and no law shall be
enacted which is repugnant to such
injunctions.

17. Islamic Provisions
 A Council of Islamic Ideology shall be constituted
referred to as the Islamic Council. The functions of
the Islamic Council shall be to make
recommendations to Parliament and the Provincial
Assemblies about the ways and means of enabling
and encouraging the Muslims of the Pakistan to
order their lives in accordance with the principles of
Islam.

18. Islamic Provisions
 For the first time, the Constitution of Pakistan gave
definition of a Muslim which states: 'Muslim' means a
person who believes in the unity and oneness of
Allah, in the absolute and unqualified finality of the
Prophethood of the Islamic prophet, Muhammad, and
does not believe in, or recognise as a prophet or
religious reformer, any person who claimed or claims
to be a prophet, in any sense of the word or of any
description whatsoever, after Muhammad.

19. Federal System :1973’s
constitution
 Federal System : According to the division of powers,
the federal and concurrent affairs have been
expressed in two distinct lists while residuary powers
are assigned to the state.
 Provincial autonomy has been fully ensured along
with a strong central government. Nevertheless, the
Federal government is authorized to intervene in the
ordinary circumstances. During emergency
conditions, this intervention is further expanded.
Presidential rule can be announced in any province in
case of failure of a provincial government.

20. :1973’s constitution
The President : Active and powerful head of
state
Qualifications:
(a) He must be at least 45 years
(b) He should be a Muslim.
(c) He must be qualified to be elected as
member of National Assembly.
Term of Office: Five years.

21. Parliamentary System :
1973’s constitution
 Parliamentary System: President acts as the Head of the State.
 Prime Minister (Head of the Government) shall select the term of
his ministers from the members of parliament and at least one froths
of them shall be taken from the senate. Under 8th Amendment of
the constitution, a balance has been secured between the powers of
the President and those of the Prime Minister while giving power to
the President to dissolve the assembly on his discretion under
Article 58 (2) (b). This power was taken back by 13th
amendment
but re-inserted in constitution by 17th
amendment. However, the 18th
amendment has again taken back this power from the President.

22. Parliament (Majlas-e-
Shoora)
 The Parliament of Pakistan, according
to the Constitution of 1973, is
bicameral. Article 50 of the Constitution
clearly states that the Parliament of
Pakistan consists of the President and
two Houses known as the National
Assembly and the Senate.


23. National Assembly ( Lower
House) :1973’s constitution
 National Assembly: Under Article ‘51’ it is consist
of 342 general seats; 60 reserved for women and 10 for
minorities.
 Accordance of Election Commission of Pakistan who is
playing a great rule in making of government distribute
the country into 272 National Assembly seats. Starting
from NA-1 Peshawar-I till NA-272 Kech-Cum-
Gwadar. FATA 12 Federal Capital 2 KPK 35 Punjab
148 Sindh 61 Balochistan 14 Seats.

24. Senate (upper house) :
1973’s constitution
Senate
The Senate of Pakistan is the upper house of the
bicameral Parliament of Pakistan. The Constitution
does not give the President of Pakistan the authority
to dissolve the Senate (unlike the National Assembly).
If the office of the President of Pakistan becomes
vacant, or the President is unable to perform his
functions, the Chairman of the Senate acts as
President until a President is elected.
The govt of Gen. Pervez Musharraf raised the
membership of the Senate from 87 to 100 in 2002.
Equal representation to all federating unites.

25. Qualifications for Senator
:1973’s constitution
Qualifications for Senator
1- A candidate for the seat of senate
should be at least 30 years old and for
National assembly, 25 years to the
minimum.
2- He must be a citizen of Pakistan.
3- Lunatics, bankrupts and traitors are
deprived of membership.

26. Judiciary :1973’s
constitution
Judiciary
 Single series of courts; separate courts at the lower level, for
civil and criminal cases.
Supreme Court
 At the apex; it enjoys original, appellate and advisory
jurisdiction.
Removal
 Judges of the Superior Courts can be removed by the president
on the basis of enquiry conducted by Supreme Judicial Council
on the charge of grass misconduct or physical or mental
unfitness.
 Superior Courts can declare such laws or decrees as invalid as
are against Constitution. Federal Shariat Court has been
established to judge the validity of laws in the light of Shariah.

27. Elections :1973’s
constitution
 Elections: All the legislative
Assemblies are elected directly by the
people on the basis of adult suffrage
through single member of
constituencies and by secret ballot.
Whereas, the president and senators
are to be elected by an electoral
college. Election Commission conducts
the whole electoral process.

28. Fundamental Rights :
1973’s constitution
 Fundamental Rights: All the
fundamentals rights have been
incorporated in the form of a list in the
constitution and these are to be
enforced through superior courts.
These can however, be suspended
during emergency.

29. Principles of Policy
 Local electoral bodies will be set up for solving local
problems.
 The parochial and other prejudices shall be
discouraged.
 The women shall be given full representation in all
spheres of national life.
 Social justice shall be promoted.
 Bonds with Muslim world shall be strengthened.

30. Other Attributes
 Multiple Party System;
 Urdu as National Language but English
retained as the official language for 15
years that term has been extender;
 Single Citizenship;
 Abrogation of the constitution as High
Treason;
 Referendum

31. Eighteenth Amendment of the
Constitution of Pakistan 1973
(2010)
 This amendment was passed by the
National Assembly of Pakistan on April 8,
2010, removing the power of the
President of Pakistan to dissolve the
Parliament in order to turn Pakistan from a
semi-presidential to a parliamentary
republic,

32. Eighteenth Amendment
(cont.)
 Removes the limit on a Prime Minister
serving more than two terms
 Renaming North-West Frontier Province
to Khyber Pakhtunkhwa.
 Among other changes, courts will no
longer be able to endorse suspensions
of the constitution,.

33. Eighteenth Amendment
(cont.)
 A judicial commission will appoint judges,
and the president will no longer be able to
appoint the head of the Election
Commission.
 The bill also enhances provincial autonomy.
 The President will no longer be able to
declare emergency rule in any province
unilaterally

34. Ninetieth Amendment
 THE CONSTITUTION (NINETEENTH
AMENDMENT) ACT, 2010
 http://pakistanconstitution-law.org/19th-amendment-
2011/

35. Twentieth Amendment
 THE CONSTITUTION (Twentieth
Amendment) Act, 2012.
For Text of 20th Amendment Bill
 http://www.pakistantoday.com.pk/2012/
02/15/news/national/text-of-20th-
amendment-bill/