Chapter # 2 – Constitutional Development in Pakistan
2.2.5. Describe the Salient Features of 1956 Constitution.
When Pakistan came into being, it had no constitution of its own. As per the Indian Independence Act 1947, both Pakistan and India adopted the Government of India Act 1935 as their temporary constitution until they drafted their own. India successfully formulated and enacted its constitution in 1950 within three years, In contrast to India, Pakistan managed to frame and promulgate its first constitution in a period of 9 years on 23rd March 1956.
The 1956 Constitution of Pakistan marked a significant milestone in the country’s constitutional history. Its salient features reflected the aspirations of the nation and the principles upon which the state was founded.
The key features of the 1956 Constitution of Pakistan as follow:
Federal System of Government
The 1956 constitution established a federal system, wherein authority was divided between the central government and the provinces. However, the center was made stronger than the provinces. Powers were categorized into three lists:
- Federal List (30 matters): – The Centre was authorized to legislate on all matters which were enumerated in the federal legislative list.
- Provincial List (90 matters): – The provincial legislature was authorized to legislate on all matters given in the provincial legislative list.
- Concurrent List (19 matters): – The parliament and the Provincial legislative were authorized to legislate on matters given in the concurrent legislative list.
Preamble
The Objectives Resolution 1949 was integrated into the preamble of the constitution, thereby becoming a part of the introductory section of the constitution.
Written constitution
The 1956 Constitution of the Republic of Pakistan was written, comprising 234 Articles and 6 Schedules.
Executive Head
As outlined in the constitution, the Prime Minister would function as the head of the government, holding membership in the national assembly and securing election from the assembly to assume the role of Prime Minister. The formation of his cabinet would involve members from the National Assembly, and this cabinet would be answerable to the assembly.
Head of State
The constitution stipulated that the President would serve as the head of the state, endowed with the authority to declare a state of emergency, and dismiss the Prime Minister and the government. The President was required to be a Muslim aged 40 or above and would hold office for a term of five years. Additionally, the President had the power to appoint governors, Supreme Court judges, Advocate General, and Auditor General. The President would be elected by both the Central and provincial legislatures.
Name of Country
The 1956 constitution declared Pakistan as the Islamic Republic of Pakistan
National Language
Urdu and Bengali were declared as the state languages.
Principle of Parity of Representation at the centre
The constitution ensured equal representation for East and West Pakistan at the center, implying that the central assembly would have an equal number of representatives from both wings of the country.
Amendment Procedure
It outlined a procedure for amending the constitution, requiring a two-thirds majority of both houses of Parliament for any amendments.
Unicameralism
In contrast to the present-day bicameral parliament, the 1956 constitution stipulated a unicameral parliament known as the National Assembly. This assembly comprised 300 members, with an equal representation from both wings of the country, East Pakistan, and West Pakistan.
Judicial Independence
It emphasized the independence of the judiciary, guaranteeing the separation of the judiciary from the executive and ensuring the rule of law.
Fundamental Rights
It guaranteed fundamental rights to the citizens, including equality before the law, freedom of speech, religion, and association, and protection against discrimination.
Islamic Council
A council of religious scholars would be established to ensure the conformity of existing laws with Islam. No legislation conflicting with Islamic principles and traditions would be enacted.
Amazing notes