Pakistan is a nation deeply rooted in history, but perhaps one of the most unforgettable elements of its story is the journey it has taken to create its constitution. As you read this not just as an observer, but as someone who has been deeply impacted by this country’s story, you may find yourself reflecting on the past and looking forward to the future.
Since its creation in 1947, Pakistan has seen several attempts at forming a constitution. The efforts to create one led to a tumultuous political landscape that nearly brought Pakistan to a stand-still. So how did we get here? What challenges did Pakistan face on this journey? And most importantly, what role have its citizens played throughout? In this article, we'll take you through the unique story of how Pakistan got its constitutionally-backed government.
The Objectives Resolution: Setting the Foundation
The journey towards Pakistan's constitution began in 1947 when the country declared independence. The first step towards establishing a framework for government was the Objectives Resolution of 1949. This resolution set the foundations for a future Pakistani constitution by defining its values and principles, and was signed by all members of the Constituent Assembly.
The Objectives Resolution established the principle that Pakistan shall be governed as an Islamic Republic based on principles of democracy, freedom, equality, justice and human rights. This resolution also made clear that all laws in Pakistan should be in accordance with Islam and that non-Muslims would have full religious freedom.
Furthermore, the resolution enshrined basic rights for all people living in Pakistan, such as the right to life, liberty and education. It further declared people of all classes should be equal before law regardless of caste or creed. Lastly, it confirmed that all citizens had an equal voice in decisions concerning them; a concept now known as participatory democracy.
These core values remain at the heart of Pakistan's constitution to this day - making it clear that from its very beginnings, Pakistan has been committed to building an inclusive society for all its citizens to live and thrive in.
The 1956 Constitution: Pakistan's First Constitution
In 1956, Pakistan's first ever Constitution was approved and came into effect. This document sought to create a federal parliamentary republic, with Islam as the state religion. It also contained a comprehensive set of standards for the government to follow, including rights and freedoms for citizens, language and cultural policies, as well as economic principles.
The Constitution of 1956 was framed on the basis of the Objectives Resolution of 1949, which declared that sovereignty rested with Allah alone and that power should be used in line with Islamic principles. It also provided a framework for a free and responsible form of government.
The 1956 Constitution gave equal rights to all citizens regardless of religion or ethnicity. It provided protection against exploitation and ensured political representation throughout its provisions. However, the document was part of an ongoing process between 1957 and 1962 when it went through a series of changes until it was finally replaced by the second Constitution in 1962.
The 1962 Constitution: The End of Parliamentary System
You might not know that in 1962 Pakistan adopted its first constitution, which was the final step in the journey towards becoming an independent nation. The Constitution of 1962 established the country as an Islamic Republic, still based on parliamentary democracy.
However, this was to be its downfall. The President and Governor General of the country held executive authority, while the Prime Minister and the Parliament had legislative authority—a structure ripe for instability and deadlock. This was only exacerbated by tensions between East and West Pakistan.
The effects of this turmoil were visible fairly quickly; within a year of its implementation, the 1962 Constitution was abrogated and martial law declared in Pakistan—ending its brief attempt at parliamentary rule with a whimper rather than a bang.
The 1973 Constitution: A Return to Democracy
You might not know that Pakistan's journey towards a constitution saw its biggest milestone in 1973, when the Constitution of the Islamic Republic of Pakistan was adopted. After the end of military rule, this Constitution allowed Pakistan to once again become a parliamentary democracy.
This Constitution was divided into two parts: fundamental rights, and powers and structures of government. This system of government created the foundations for a parliamentary federal republic.
Fundamental Rights
The fundamental rights discussed in the Constitution included freedom of speech and expression, protection from discrimination and exploitation, as well as guarantees for social and economic justice, equality before law, religious freedom and more.
Powers And Structures Of Government
The structure of government as stated in the 1973 Constitution had three branches: executive, legislative and judicial. The executive branch contained President as Head of State, who was elected by a college composed of members fo both houses of Parliament for a five-year term. The bicameral legislature consisted fo National Assembly (Lower House) with total 300 seats, half directly elected and rest reserved for women or non-Muslims; Senate (Upper House) with 87 members elected indirectly. The judicial branch consisted fo Federal Shariat Court to determine if laws were in line with Islam; Supreme Court to act as highest court competent to hear appeals against Judgments from Provincial High Courts; Provincial High Courts to supervise subordinate courts within provinces; District Courts to dispense justice within districts according to civil & criminal procedures; Other administrative tribunals for specialized matters such as banking & labor disputes etc..
Overall, this significant milestone helped pave the way for a democratic Pakistan that would stand strong both on paper—and politically—for many years to come.
Later Amendments and Suspensions of the Constitution
The 1980s saw several amendments to the Constitution, such as Section 2A, which declared Islam as the state religion and Section 58, which allowed political parties to be formed along religious lines. Later, in 1988, a new amendment—the 8th Amendment—was passed and replaced the already existing sections 2A and 58. This amendment had major implications for the future of Pakistan, as it declared that all laws must be “in conformity with the Injunctions of Islam.”
In 1993, President Ghulam Ishaq Khan introduced yet another amendment—the 13th Amendment—which limited parliamentary powers by introducing a Parliamentary Committee of Inquiry with sweeping powers to investigate alleged misconduct in government departments. This was followed in 1996 by the 14th Amendment which authorized President Farooq Leghari to dissolve any elected National or Provincial Assembly for being in violation of Islamic injunctions.
Finally, in 1999 Pakistan suffered its second coup d'etat when General Pervez Musharraf suspended all provincial and federal governments, dismissed all judges of the Supreme Court and Federal Shariat Court and dissolved the Constitution of 1973 entirely. A provisional constitution was subsequently declared which gave sweeping powers to the president while severely limiting those of Parliament.
Ultimately, while Pakistan has been through several constitutional revisions throughout its history—some more controversial than others—it is still on its journey towards a true consensus-driven constitution that reflects the diversity of its population while safeguarding its Islamic foundations.
The Challenges Ahead: Reviewing the Constitution
The 1973 Constitution of Pakistan is a milestone in the country's history, and it lays the groundwork for how the nation will determine its governance moving forward. However, it's not without its challenges.
For one thing, the Constitution has undergone numerous amendments in the decades since it was first drawn up. One of the most recent ones came in 2018 when Article 184(3) was amended to allow for military court trials for terrorism-related offenses and other serious crimes.
Another issue is that there's been some criticism of certain provisions in the Constitution, particularly those related to discrimination against and unequal representation of women, religious and ethnic minorities. As a result, there have been concerted efforts to review and amend certain sections of the Constitution so that it better reflects the rights and interests of all citizens regardless of their gender, religion or background.
Finally, there has been concern about outdated laws not being struck down quickly enough as times change and new laws are needed—a process which requires successive reviews of existing laws so that they continue to be relevant and fair to all people in Pakistan.
Though these challenges remain, they provide an opportunity for Pakistan to push forward towards a more just society—one that meets its people's expectations on equality before the law.
Conclusion
In conclusion, Pakistan’s journey towards a constitution has been an arduous one. It has taken decades of struggle, strife and persistence from a multitude of parties and individuals to bring the country to where it is today. The history of the Pakistan Constitution has been tumultuous and often filled with conflict and unrest, yet it is a testament to the resilience and dedication of the Pakistani people. Despite all the tribulations, the country is now closer than ever to a final, ratified version of their constitution, one that reflects the values and aspirations of the nation’s many diverse citizens and communities.