Salient Features of the Constitution of 1956

1. Written constitution

A written document defining the structure, powers and responsibilities of federal and provincial governments, the relationship between institutions and the rules of administration. It covered fundamental rights, the judiciary, legislative powers and the amendment procedure.

2. Islamic Republic of Pakistan

It changed the country’s name from the Dominion of Pakistan to the Islamic Republic of Pakistan, included the principles of the Objectives Resolution in its preamble and recognised the importance of Islam. Steps were to be taken to enable Muslims to order their lives by the Quran and Sunnah, and efforts were to be made to bring existing laws into conformity with Islamic principles. It also recognised the right of religious minorities to practise their religions.

3. Parliamentary system of government

The Prime Minister was head of government and the President head of state. The Prime Minister had to command the confidence of the National Assembly, and the cabinet was collectively responsible to it, so the government remained answerable to elected representatives.

4. Parliament

The federal Parliament consisted of the President and the National Assembly, which was the only legislative chamber. Parliament dealt with matters assigned to the federation; bills went through the constitutional process and the President gave assent. The arrangement reflected the principle that laws should be made by constitutional procedure and the executive should be accountable to the elected legislature.

5. Unicameral legislature

There was one chamber, the National Assembly, and no Senate. It originally had 300 general seats, divided equally (150 each) between East and West Pakistan, plus 10 seats for women (five from each wing) for ten years.

This was parity, intended to give both wings equal representation despite East Pakistan’s larger population. It was not population-based representation and remained a source of disagreement between the wings.

6. Federal system

Legislative and administrative powers were divided between the centre and the provinces, with federal, provincial and concurrent lists. The centre retained considerable powers, so the demand for greater provincial autonomy, especially in East Pakistan, remained an important issue.

7. Provincial government

East and West Pakistan each had a Governor as constitutional head (appointed by the President) and a Chief Minister leading the provincial government, accountable to the provincial legislature. The authority retained by the centre limited provincial autonomy, and disagreement over the distribution of power added to tension between the wings.

8. The President and his powers

The President was head of state, had to be a Muslim of at least 40 years, and was elected for five years by an electoral college of the National Assembly and the provincial assemblies.

• Appointed the Prime Minister, who had to command the confidence of the National Assembly.
• Appointed federal ministers on the Prime Minister’s advice.
• Appointed the Governors of the provinces.
• Legislative functions: summoning and proroguing the National Assembly, and assent to bills.
• Emergency powers in circumstances specified by the Constitution, and other constitutional duties.

Although the system was parliamentary, the President retained significant powers and held an important place in the federal structure.

9. Fundamental rights

The Constitution guaranteed rights to protect individual freedom, promote equality before the law and prevent arbitrary government action, giving citizens a basis to seek legal protection. They included:

• equality before the law;
• freedom of speech and expression, assembly and association, subject to legal restrictions;
• freedom of movement, subject to lawful limits;
• freedom of religion;
• protection of life, liberty and property.

These rights recognised individual dignity and set legal limits on state authority, though some restrictions were permitted.

10. National languages

Urdu and Bengali were recognised as national languages. Bengali was the mother tongue of the majority in East Pakistan, while Urdu held an important place in national identity. This acknowledged linguistic diversity, though language and cultural identity continued to affect relations between the wings.

11. Independent judiciary

The Supreme Court was the highest court, with High Courts and subordinate courts below it. The judiciary interpreted the Constitution and decided disputes, and its independence helped protect citizens’ rights and ensure decisions according to law.

12. Islamic provisions

The Constitution provided for an organisation to recommend measures to bring laws into line with the Quran and Sunnah, and supported the promotion of Islamic values and relations with Muslim countries, reflecting the role of religion in the demand for Pakistan.

13. Single citizenship

There was one citizenship of Pakistan rather than separate provincial citizenship, regardless of whether a person lived in East or West Pakistan. It supported a common national identity and the equal legal status of citizens.

14. Amendment procedure

Amendments had to follow the prescribed process and secure the required parliamentary majority, allowing change when needed while protecting the Constitution from alteration by ordinary executive action.