Chapter # 2 – Constitutional Development in Pakistan
2.2.10. Compare the Three Constitutions of Pakistan in Terms of their Nature and Features.
Background
The inaugural constitution was established in 1956, followed by a second constitution in 1962, and the third and current constitution in 1973. They are referred to as the 1956 constitution, the 1962 constitution, and the 1973 Constitution respectively, based on their promulgation dates. The 1956 Constitution’s existence was brief, lasting only a short period before President Iskandar Mirza nullified it by declaring the first Martial Law in the country. Subsequently, Field Marshal Ayub Khan introduced the 1962 Constitution during his tenure, which remained effective for the duration of his rule. Upon assuming power in 1971, Bhutto’s government introduced the 1973 constitution, which received full support from opposition parties. Despite subsequent military interventions and numerous amendments by military rulers, the 1973 constitution remains the governing document of Pakistan.
Comparison of all three constitutions of Pakistan in terms of their nature and features
Following are the similarities and differences found among all three constitutions framed and promulgated in the country at different times under different rulers.
1. Similarities among the constitutions
The constitutions of 1956, 1962, and 1973 shared several common provisions:
- The Objectives Resolution of 1949 was incorporated in the preamble of all three constitutions.
- Head of state and executive would be a Muslim.
- Laws would be aligned with Islamic law. No law would be made which would be repugnant or opposed to Islam.
- Universal suffrage was introduced in all three constitutions.
- Pakistan was declared as Islamic Republic of Pakistan.
2. Differences among 1956, 1962, and 1973 constitutions
| Aspect | 1956 Constitution | 1962 Constitution | 1973 Constitution |
|---|---|---|---|
| President’s Powers | More powerful role with authority to choose Prime Minister from National Assembly, Power to dismiss PM, government, and assembly | All-powerful President with authority to dismiss national and provincial assemblies | Symbolic role for President, acting only on Prime Minister’s advice, Prime Minister holds more power and is elected by National Assembly |
| System of Government | Parliamentary form of government | Presidential form of government | Parliamentary form of government |
| Legislature | Unicameral legislature with only National Assembly | Unicameral legislature with only National Assembly | Bicameral legislature with Senate and National Assembly |
| National Languages | Urdu and Bengali declared as national languages | Urdu and Bengali declared as national languages | Only Urdu declared as national language |
| Definition of Muslim | No provision regarding the definition of a Muslim | No provision regarding the definition of a Muslim | Definition of a Muslim provided, Qadiyanis declared non-Muslims |
| Electoral Process | Direct election of members to National Assembly | Basic Democrats act as electoral college | Direct election of members to both national and provincial assemblies |
| Official Religion of the State | No mention of Islam as the official religion | No mention of Islam as the official religion | Islam declared as the official religion of the state |
| Minimum Age for President | Minimum age limit for President: 40 years | Minimum age limit for President: 35 years | Minimum age limit for President: 45 years |
Amazing notes