The

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these princ ...

of 1956 was the fundamental law of

Pakistan Pakistan ( ur, ), officially the Islamic Republic of Pakistan ( ur, , label=none), is a country in South Asia. It is the world's fifth-most populous country, with a population of almost 243 million people, and has the world's second-lar ...

from March 1956 until the

1958 Pakistani coup d'état The 1958 Pakistani coup d'état began on October 7, when the first President of Pakistan Iskander Mirza abrogated the Constitution of Pakistan and declared martial law, and lasted until October 27, when Mirza himself was deposed by Gen. Ayub Kha ...

. It was the first constitution adopted by independent Pakistan. There were 234 articles 13 parts and 6 schedules.

Origins

Pakistan became independent of the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

in 1947, but remained a

British Dominion The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Im ...

, like Canada and Australia, until 1956. Under Section 8 of the

Indian Independence Act, 1947 The Indian Independence Act 1947 947 CHAPTER 30 10 and 11 Geo 6is an Act of the Parliament of the United Kingdom that partitioned British India into the two new independent dominions of India and Pakistan. The Act received Royal Assent on 18 Ju ...

, the Government of India Act 1935 - with certain adaptations - served as the working constitution of Pakistan; still, the need of a full independence and a constitution to be framed by the elected representatives of the people was all the more necessary for the free citizens of a

sovereign state A sovereign state or sovereign country, is a political entity represented by one central government that has supreme legitimate authority over territory. International law defines sovereign states as having a permanent population, defined te ...

. Therefore, the first

Constituent Assembly A constituent assembly (also known as a constitutional convention, constitutional congress, or constitutional assembly) is a body assembled for the purpose of drafting or revising a constitution. Members of a constituent assembly may be elected b ...

was formed under the Independence Act and was entrusted with two separate functions:The Parliamentary History
* To frame a Constitution for the country, and * To set as a Federal Legislative Assembly or Parliament until that Constitution came into effect. The powers and functions of the central legislature under the Government of India Act were conferred on the Constituent Assembly. The Constituent Assembly could, however, amend the Indian Independence Act (1947) or the Government of India Act (1935) and no Act of the

British Parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprem ...

could be extended to Pakistan without legislation by the Constituent Assembly. The first Constituent Assembly originally consisted of 69 members; subsequently the number of members was increased to 79. The first major step in the framing of a constitution for Pakistan was taken by the Constituent Assembly on 12 March 1949, when it passed a resolution on the 'Aims and Objectives of the Constitution', popularly known as the

Objectives Resolution The Objectives Resolution ( ur, ) was adopted by the Constituent Assembly of Pakistan on March 12, 1949. Prime Minister, Liaquat Ali Khan, had presented it in the assembly on March 7, 1949. Out of 75 members of the assembly, 21 voted for opposi ...

. It laid the foundation of the constitution and indicated the broad outline of its structure. The resolution was moved by

Liaquat Ali Khan Liaquat Ali Khan ( ur, ; 1 October 1895 – 16 October 1951), also referred to in Pakistan as ''Quaid-e-Millat'' () or ''Shaheed-e-Millat'' ( ur, lit=Martyr of the Nation, label=none, ), was a Pakistani statesman, lawyer, political theoris ...

, the first Prime Minister of Pakistan. While moving the Resolution, he said: The resolution was debated for five days. The leading members of the government and a large number of non-Muslim members, especially from

East Bengal ur, , common_name = East Bengal , status = Province of the Dominion of Pakistan , p1 = Bengal Presidency , flag_p1 = Flag of British Bengal.svg , s1 = East ...

, took a prominent part. Non-Muslim members expressed grave apprehensions about their position and role in the new policy.

Hindu Hindus (; ) are people who religiously adhere to Hinduism. Jeffery D. Long (2007), A Vision for Hinduism, IB Tauris, , pages 35–37 Historically, the term has also been used as a geographical, cultural, and later religious identifier for ...

members of the Constitutional Assembly argued that the Objectives Resolution differed with Muhammad Ali Jinnah's (Quaid-e-Azam) view in all the basic points. Sris Chandra Chattopadhyaya said: Birat Chandra Mandal declared that Jinnah had "unequivocally said that Pakistan will be a secular state."

Bhupendra Kumar Datta Bhupendra Kumar Dutta ( bn, ভূপেন্দ্র কুমার দত্ত; 8 October 1892 – 29 December 1979) was an Indian freedom fighter and a revolutionary who fought for Indian independence from British rule. In addition to ...

went a step further: "...were this resolution to come before this house within the life-time of the Great Creator of Pakistan, the Quaid-i-Azam, it would not have come in its present shape...." However, Muslim scholars and a large portion of the people of Pakistan were of the view that this was exactly what the Quaid-a-Azam wanted and that it was a good step forward in the constitutional history of Pakistan. They also argued that objective resolution provided the minorities with equal rights and that they had no compulsion, whatsoever, in adopting or converting into Islam. After nine years of efforts, Pakistan was successful in framing a constitution. The Constituent Assembly adopted it on 29 February 1956, and it was enforced on 23 March 1956, proclaiming Pakistan to be an Islamic republic.

Provisions

The Constitution of 1956 was lengthy and detailed; it contained 234 articles divided into thirteen parts and six schedules. The Constitution of 1956 provided for

federal system Federalism is a combined or compound mode of government that combines a general government (the central or "federal" government) with regional governments ( provincial, state, cantonal, territorial, or other sub-unit governments) in a single p ...

with the principle of parity between

East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Myanmar, wi ...

and

West Pakistan West Pakistan ( ur, , translit=Mag̱ẖribī Pākistān, ; bn, পশ্চিম পাকিস্তান, translit=Pôścim Pakistan) was one of the two Provincial exclaves created during the One Unit Scheme in 1955 in Pakistan. It was ...

. The Federal Legislature was to perform like the British Parliament. The Centre was invested with such powers as to take unilateral action in emergency and it could influence the provincial autonomy. The Constitution of 1956 provided for the parliamentary form of government, where real executive authority was vested in a

cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transparent glass sheets or transparent polycarbonate sheets * Filing ...

, collectively responsible to the

legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

. The cabinet was presided over by the Prime Minister. The Constitution declared that there would be only one house of parliament known as the National Assembly and equality between the two Wings (i.e. East Pakistan and West Pakistan) was maintained in it. The

Queen of Pakistan From 1947 to 1956, the Dominion of Pakistan was a self-governing country within the Commonwealth of Nations that shared a monarch with the United Kingdom and the other Dominions of the Commonwealth. The monarch's constitutional roles in Pakista ...

was replaced by a President, who was to be elected by the

Electoral College of Pakistan The President of Pakistan is chosen by an electoral college ( ur, ), in Pakistan. According to Article 41(3) of the Constitution of Pakistan, this electoral college consists of the Senate, the National Assembly of Pakistan, and the Provincial As ...

composed of members of the National Assembly and Provincial Assembly. Familiar democratic rights and freedoms such as freedom of speech and expression, of assembly and association, of movement and of profession were all provided in the Constitution, with the usual qualifications. With regards to

civil rights Civil and political rights are a class of rights that protect individuals' freedom from infringement by governments, social organizations, and private individuals. They ensure one's entitlement to participate in the civil and political life o ...

, familiar rights such as rights of life,

liberty Liberty is the ability to do as one pleases, or a right or immunity enjoyed by prescription or by grant (i.e. privilege). It is a synonym for the word freedom. In modern politics, liberty is understood as the state of being free within society fr ...

and property were granted, again with the usual qualifications and safeguards. The

executive Executive ( exe., exec., execu.) may refer to: Role or title * Executive, a senior management role in an organization ** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators ** Executive dir ...

was given power to enforce the fundamental rights and the courts were to decide if a law was repugnant to any provisions of the fundamental rights. As per the Constitution,

Urdu Urdu (;"Urdu"
'' Bengali Bengali or Bengalee, or Bengalese may refer to: *something of, from, or related to Bengal, a large region in South Asia * Bengalis, an ethnic and linguistic group of the region * Bengali language, the language they speak ** Bengali alphabet, the w ...

were made

national language A national language is a language (or language variant, e.g. dialect) that has some connection—de facto or de jure—with a nation. There is little consistency in the use of this term. One or more languages spoken as first languages in the te ...

Salient features

*Written Constitution - This is a written and lengthy document. It consists of 234 Articles divided into 13 parts and 6 schedules. *Flexible Constitution - The constitution could be amended through a process requiring the amendment to be passed by at least a two-thirds majority of the parliament. However the president had the right to veto the draft, which then could be overridden by simple parliamentary majority. *Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of Pakistan. *

- The objective resolution was included as a preamble of the constitution. *Federal System - The constitution provides for a federal system in the country. Powers was divided between the center and the provinces. The subjects were divided into three lists; The Federal List, The Provincial List, and the Concurrent List. *

Unicameral Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multi ...

Legislature A legislature is an assembly with the authority to make law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its p ...

- The legislature would consist of a single house. Both the wings of the country were given representation in the National Assembly. The National Assembly consisted of 300 members. 150 members were drawn from each wing. *Parliamentary System - Parliamentary system was adopted, according to it the President was the

head of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or representatitve of its international persona." in its unity and l ...

and the Prime Minister the

head of government The head of government is the highest or the second-highest official in the executive branch of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presides over a cabinet, ...

. *The President - Required to be a Muslim of at least forty years of age. The tenure of his office was five years. In case of internal or external danger he could declare a state of emergency in the country. He was authorized to appoint the

Governors A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...

, the Judges of the Supreme Court,

Auditor General An auditor general, also known in some countries as a comptroller general or comptroller and auditor general, is a senior civil servant charged with improving government accountability by auditing and reporting on the government's operations. Freq ...

and the Advocate General. *The Prime Minister - He was to be the leader of the Parliamentary group and was thus indirectly elected by the people. He could choose his

from the members of the National Assembly; the cabinet was answerable to the Assembly. *Provincial Autonomy - Curtailed in the constitution to a great extent. *Islamic Law - No law would be passed against the teachings of the

Quran The Quran (, ; Standard Arabic: , Quranic Arabic: , , 'the recitation'), also romanized Qur'an or Koran, is the central religious text of Islam, believed by Muslims to be a revelation from God. It is organized in 114 chapters (pl.: , s ...

and Sunnah. *Free Judiciary - An

independent judiciary Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inter ...

in the country. A Supreme Court interpreted the constitution, advised the state whenever required, and decided the issues whenever required. *Fundamental Rights - Included freedom of movement, freedom of speech and expression, freedom to choose profession and freedom to profess religion. Right to life, liberty, and property. *Language -

Urdu Urdu (;"Urdu"
'' East Pakistan East Pakistan was a Pakistani province established in 1955 by the One Unit Policy, renaming the province as such from East Bengal, which, in modern times, is split between India and Bangladesh. Its land borders were with India and Myanmar, wi ...

accounting for a clear majority of the total population of Pakistan, the representation in the National Assembly was set at half of the total membership. This meant that East Pakistan was underrepresented in the Assembly under this Constitution.

Demise

On 7 October 1958, President

Iskander Mirza Sahibzada Iskander Ali Mirza ( bn, ইস্কান্দার আলী মির্জা; ur, ; 13 November 1899 – 13 November 1969), , was a Pakistani Bengali general officer and civil servant who was the first President of Pakista ...

staged a ''coup d'état''. He abrogated the constitution, imposed

martial law Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

and appointed General Muhammad Ayub Khan as the

Chief Martial Law Administrator The office of the Chief Martial Law Administrator was a senior and authoritative post with Zonal Martial Law Administrators as deputies created in countries such as Pakistan, Bangladesh and Indonesia that gave considerable executive authority and p ...

and Aziz Ahmad as Secretary General and Deputy Chief Martial Law Administrator. However, three weeks later General Ayub—who had been openly questioning the authority of the government prior to the imposition of martial law—deposed Iskandar Mirza on 27 October 1958 and assumed the presidency, which practically formalized the militarization of the political system in Pakistan.The First Martial Law
Islamic Pakistan Four years later a new document, Constitution of 1962 was adopted. This was eventually succeeded by the Constitution of 1973.

References

External links