Constitutional Development in Pakistan: From Pre-Partition to 1973

Pakistan's Constitutional Journey

The constitutional development of Pakistan is a story of prolonged struggles, political upheavals, and the gradual evolution of democratic governance. Understanding this journey from British-era reforms to the adoption of the 1973 Constitution is critical for CSS, PMS, and all commission examinations.

1. Pre-Partition Constitutional Reforms

• Indian Councils Act 1861: Introduced Indians to the legislative process in a very limited advisory capacity
• Indian Councils Act 1892: Expanded councils and introduced indirect elections, though still very restricted
• Morley-Minto Reforms 1909: Introduced separate electorates for Muslims - a landmark demand of the Muslim League
• Montagu-Chelmsford Reforms 1919: Introduced the concept of dyarchy - dividing subjects into reserved and transferred categories
• Government of India Act 1935: The most significant pre-independence legislation, establishing provincial autonomy and a federal structure. This Act served as Pakistan's interim constitution until 1956

2. Objectives Resolution (1949)

Passed by Pakistan's first Constituent Assembly under Liaquat Ali Khan, the Objectives Resolution laid down the foundational principles:

• Sovereignty belongs to Allah Almighty
• Authority to be exercised by the people within limits prescribed by Allah
• Democracy, freedom, equality, tolerance, and social justice as Islam prescribes
• Protection of fundamental rights including equality, freedom of expression, religion, and association
• Protection of minorities' rights and legitimate interests
• This resolution was later made a substantive part of the Constitution through Article 2A

3. The First Constitution of 1956

• Pakistan's first constitution took nine years to frame, reflecting deep political disagreements
• Declared Pakistan an Islamic Republic - the first country to formally adopt this title
• Established a parliamentary system with a unicameral legislature
• Introduced the principle of parity between East and West Pakistan
• Provided for fundamental rights and an independent judiciary
• However, this constitution never truly functioned and was abrogated by Ayub Khan's martial law in 1958

4. The Constitution of 1962

• Promulgated by President Ayub Khan after assuming power through martial law
• Established a presidential form of government, concentrating power in the executive
• Introduced the Basic Democracies system as an electoral college
• Initially did not declare Pakistan as an Islamic Republic (restored through the first amendment)
• Fundamental rights were limited and not enforceable through courts initially
• This constitution was abrogated after Ayub Khan's fall in 1969

5. The Legal Framework Order 1970 and the 1971 Crisis

• General Yahya Khan issued the Legal Framework Order for the first general elections based on one-person-one-vote
• The Awami League won a majority in East Pakistan but was denied power
• The resulting political crisis, military operation, Indian intervention, and war led to the creation of Bangladesh
• This tragedy demonstrated the catastrophic consequences of constitutional failure

6. The Constitution of 1973

Unanimously adopted by the National Assembly under Zulfikar Ali Bhutto, the 1973 Constitution remains Pakistan's supreme law:

• Parliamentary System: Prime Minister as head of government, President as ceremonial head of state
• Federal Structure: Bicameral legislature with National Assembly and Senate
• Islamic Provisions: Islam as state religion, Council of Islamic Ideology, requirement for laws to conform to Quran and Sunnah
• Fundamental Rights: Comprehensive rights including equality, freedom of speech, religion, assembly, and right to education
• Provincial Autonomy: Distribution of legislative subjects through Federal and Concurrent Lists (Concurrent List later abolished by 18th Amendment)
• Independent Judiciary: Supreme Court with powers of judicial review

7. Key Constitutional Amendments

• 8th Amendment (1985): Gave the President power to dissolve assemblies under Article 58(2)(b)
• 13th Amendment (1997): Removed the President's dissolution power
• 17th Amendment (2003): Restored presidential dissolution power under Musharraf
• 18th Amendment (2010): The most comprehensive revision - removed presidential dissolution power permanently, expanded provincial autonomy, renamed NWFP as Khyber Pakhtunkhwa, and abolished the Concurrent List
• 25th Amendment (2018): Merged FATA with Khyber Pakhtunkhwa