Pakistan's First Constitution: The 1956 Milestone
Posted: Sun Mar 02, 2025 10:00 pm
Pakistan's First Constitution: The 1956 Milestone
Introduction
The Constitution of 1956 was the first constitution of Pakistan, adopted on March 23, 1956, officially transforming the country from a dominion to an Islamic Republic. It replaced the Government of India Act, 1935, which had been serving as the interim constitutional framework since independence in 1947. The Constitution was abrogated on October 7, 1958, by President Iskander Mirza, leading to the imposition of martial law.
Salient Features of the 1956 Constitution
1. Written and Rigid Constitution:
o The Constitution was a written document consisting of 234 articles divided into 13 parts and 6 schedules.
o It was a rigid constitution, meaning that amendments required a complex legislative process.
2. Islamic Republic of Pakistan:
o The Constitution declared Pakistan as the Islamic Republic of Pakistan.
o It aimed to ensure that no law was repugnant to Islamic teachings.
o The Objectives Resolution (1949) was included as a preamble, outlining Pakistan's ideology.
3. Parliamentary System:
o Pakistan adopted a parliamentary form of government.
o The President was the head of state, while the Prime Minister was the head of government.
o The Prime Minister had executive powers and was accountable to the National Assembly.
4. Bicameral Legislature:
o The Parliament consisted of two houses:
National Assembly (lower house)
Senate (upper house)
o The National Assembly was directly elected, whereas the Senate was indirectly elected.
5. Unicameral Legislature: (Modified in the final draft)
o Later, it was decided that the legislature would be unicameral (only one National Assembly instead of a bicameral system).
o This decision aimed to ease representation between East and West Pakistan.
6. Equal Representation for East and West Pakistan:
o The Constitution gave both East and West Pakistan equal representation in the National Assembly despite population differences.
o This was an effort to maintain unity but created dissatisfaction in East Pakistan.
7. Presidency and Executive Powers:
o The President was elected by the National and Provincial Assemblies for a five-year term.
o The President could appoint and dismiss the Prime Minister.
o The President also had the power to dissolve the National Assembly, which weakened the parliamentary nature of the system.
8. Independence of Judiciary:
o The Supreme Court was established as the highest judicial authority.
o The judiciary was granted independence in theory, but in practice, the executive had considerable influence.
9. Fundamental Rights:
o The Constitution guaranteed fundamental rights such as:
Freedom of speech
Freedom of religion
Equality before the law
Protection of life, liberty, and property
o However, these rights were subject to reasonable restrictions.
10. Islamic Provisions:
• The state religion was Islam.
• The President was required to be a Muslim.
• No law could be passed that was against the principles of Islam.
• An Advisory Council of Islamic Ideology was established to ensure Islamic laws were implemented.
11. Language Issue:
• The Constitution recognized Urdu and Bengali as national languages.
• This was an attempt to address linguistic tensions, particularly with East Pakistan.
12. Provincial Structure:
• Pakistan had a federal structure, with powers divided between the central government and the provinces.
• However, the central government retained strong control over provincial matters.
13. Emergency Provisions:
• The President could declare an emergency in case of war, internal disturbances, or economic instability.
• During an emergency, fundamental rights could be suspended, and the powers of the central government were significantly enhanced.
Weaknesses of the Constitution
1. Strong Executive Powers:
o The President had excessive powers, including the ability to dismiss the Prime Minister and dissolve the National Assembly.
2. Parliamentary System in Name Only:
o While it was a parliamentary system, the President's authority overshadowed the Prime Minister, making it more of a hybrid system.
3. Failure to Address Provincial Concerns:
o The parity principle (equal representation for East and West Pakistan) was controversial as East Pakistan had a larger population.
o This created resentment in East Pakistan, contributing to future political instability.
4. Ambiguity in Islamic Provisions:
o While the Constitution aimed to establish an Islamic system, it lacked clear guidelines on implementing Islamic laws, leading to confusion.
5. Lack of Political Stability:
o The Constitution did not provide strong mechanisms to ensure stable governance, leading to frequent political turmoil.
Abrogation of the 1956 Constitution
• On October 7, 1958, President Iskander Mirza abrogated the Constitution and imposed martial law.
• General Ayub Khan took over as Chief Martial Law Administrator (CMLA) and later removed Iskander Mirza from power.
• The abrogation marked the end of democratic governance and the beginning of military rule in Pakistan.
• In 1962, a new constitution was introduced by Ayub Khan, replacing the parliamentary system with a presidential system.
Conclusion
The Constitution of 1956 was an important milestone in Pakistan’s constitutional history. It was the first attempt to create a legal framework suited to Pakistan’s unique political, religious, and cultural context. However, due to political instability, executive dominance, and lack of provincial harmony, the Constitution could not last long. Its failure highlighted the need for a more balanced and stable governance structure, leading to future constitutional developments.
Multiple-Choice Questions (MCQs)
01. When was Pakistan’s first constitution adopted?
a) August 14, 1947
b) March 23, 1956
c) October 7, 1958
d) December 16, 1971
02. What was the primary significance of the 1956 Constitution?
a) It made Pakistan a British dominion
b) It established Pakistan as an Islamic Republic
c) It introduced a presidential system
d) It merged East and West Pakistan into one province
03. What was the number of articles in the 1956 Constitution?
a) 150
b) 200
c) 234
d) 300
04. What was the system of government introduced by the 1956 Constitution?
a) Presidential
b) Parliamentary
c) Monarchy
d) Federal dictatorship
05. Who was the head of state according to the 1956 Constitution?
a) Prime Minister
b) President
c) Governor-General
d) Chief Justice
06. Which document served as the constitutional framework before the adoption of the 1956 Constitution?
a) The Objectives Resolution
b) The Indian Independence Act 1947
c) The Government of India Act 1935
d) The Lahore Resolution
07. What was the initial structure of the legislature in the 1956 Constitution?
a) Unicameral
b) Bicameral
c) Tricameral
d) Federal Council
08. Why was the bicameral legislature plan modified in the final draft?
a) To strengthen the role of provinces
b) To maintain a balance between East and West Pakistan
c) To reduce the cost of governance
d) To give more power to the military
09. What principle did the Constitution introduce to balance power between East and West Pakistan?
a) Proportional representation
b) Equal representation
c) First-past-the-post system
d) Reserved seats for minorities
10. How was the President of Pakistan elected under the 1956 Constitution?
a) Directly by the people
b) By the National Assembly and Provincial Assemblies
c) By the Supreme Court
d) By military officials
11. What was a major issue regarding the President’s powers in the 1956 Constitution?
a) The President could not appoint the Prime Minister
b) The President had the power to dissolve the National Assembly
c) The President had no influence over governance
d) The President could not declare a state of emergency
12. What was the role of the Supreme Court under the 1956 Constitution?
a) It was the highest judicial authority
b) It had no independence from the executive
c) It was under military control
d) It was a part of the legislature
13. What major language decision was made in the 1956 Constitution?
a) Urdu was the only national language
b) Bengali was the only national language
c) Both Urdu and Bengali were recognized as national languages
d) English remained the official language
14. What key provision related to Islam was included in the 1956 Constitution?
a) Pakistan was declared a secular state
b) Islam was declared the state religion
c) The President could belong to any religion
d) The Constitution made no reference to Islam
15. Which council was formed to ensure laws complied with Islamic principles?
a) Council of Islamic Guidance
b) Religious Affairs Committee
c) Advisory Council of Islamic Ideology
d) Sharia Implementation Board
16. What emergency powers did the President have under the 1956 Constitution?
a) The power to dismiss provincial governments
b) The power to declare martial law unilaterally
c) The power to suspend fundamental rights during an emergency
d) No emergency powers were granted
17. What was a major weakness of the 1956 Constitution?
a) It gave excessive power to the Prime Minister
b) It failed to define the relationship between Islam and governance
c) It failed to provide clear election procedures
d) It was too flexible and easily amendable
18. Who abrogated the 1956 Constitution?
a) General Ayub Khan
b) President Iskander Mirza
c) Prime Minister Liaquat Ali Khan
d) Zulfikar Ali Bhutto
19. What was the result of the abrogation of the 1956 Constitution?
a) A new parliamentary system was introduced
b) East Pakistan became independent
c) Martial law was imposed
d) Pakistan joined the Commonwealth
20. What constitution replaced the 1956 Constitution?
a) The 1962 Constitution
b) The 1973 Constitution
c) The Objectives Resolution
d) The Government of India Act 1935
Answers
01. b) March 23, 1956
02. b) It established Pakistan as an Islamic Republic
03. c) 234
04. b) Parliamentary
05. b) President
06. c) The Government of India Act 1935
07. b) Bicameral
08. b) To maintain a balance between East and West Pakistan
09. b) Equal representation
10. b) By the National Assembly and Provincial Assemblies
11. b) The President had the power to dissolve the National Assembly
12. a) It was the highest judicial authority
13. c) Both Urdu and Bengali were recognized as national languages
14. b) Islam was declared the state religion
15. c) Advisory Council of Islamic Ideology
16. c) The power to suspend fundamental rights during an emergency
17. b) It failed to define the relationship between Islam and governance
18. b) President Iskander Mirza
19. c) Martial law was imposed
20. a) The 1962 Constitution
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Introduction
The Constitution of 1956 was the first constitution of Pakistan, adopted on March 23, 1956, officially transforming the country from a dominion to an Islamic Republic. It replaced the Government of India Act, 1935, which had been serving as the interim constitutional framework since independence in 1947. The Constitution was abrogated on October 7, 1958, by President Iskander Mirza, leading to the imposition of martial law.
Salient Features of the 1956 Constitution
1. Written and Rigid Constitution:
o The Constitution was a written document consisting of 234 articles divided into 13 parts and 6 schedules.
o It was a rigid constitution, meaning that amendments required a complex legislative process.
2. Islamic Republic of Pakistan:
o The Constitution declared Pakistan as the Islamic Republic of Pakistan.
o It aimed to ensure that no law was repugnant to Islamic teachings.
o The Objectives Resolution (1949) was included as a preamble, outlining Pakistan's ideology.
3. Parliamentary System:
o Pakistan adopted a parliamentary form of government.
o The President was the head of state, while the Prime Minister was the head of government.
o The Prime Minister had executive powers and was accountable to the National Assembly.
4. Bicameral Legislature:
o The Parliament consisted of two houses:
National Assembly (lower house)
Senate (upper house)
o The National Assembly was directly elected, whereas the Senate was indirectly elected.
5. Unicameral Legislature: (Modified in the final draft)
o Later, it was decided that the legislature would be unicameral (only one National Assembly instead of a bicameral system).
o This decision aimed to ease representation between East and West Pakistan.
6. Equal Representation for East and West Pakistan:
o The Constitution gave both East and West Pakistan equal representation in the National Assembly despite population differences.
o This was an effort to maintain unity but created dissatisfaction in East Pakistan.
7. Presidency and Executive Powers:
o The President was elected by the National and Provincial Assemblies for a five-year term.
o The President could appoint and dismiss the Prime Minister.
o The President also had the power to dissolve the National Assembly, which weakened the parliamentary nature of the system.
8. Independence of Judiciary:
o The Supreme Court was established as the highest judicial authority.
o The judiciary was granted independence in theory, but in practice, the executive had considerable influence.
9. Fundamental Rights:
o The Constitution guaranteed fundamental rights such as:
Freedom of speech
Freedom of religion
Equality before the law
Protection of life, liberty, and property
o However, these rights were subject to reasonable restrictions.
10. Islamic Provisions:
• The state religion was Islam.
• The President was required to be a Muslim.
• No law could be passed that was against the principles of Islam.
• An Advisory Council of Islamic Ideology was established to ensure Islamic laws were implemented.
11. Language Issue:
• The Constitution recognized Urdu and Bengali as national languages.
• This was an attempt to address linguistic tensions, particularly with East Pakistan.
12. Provincial Structure:
• Pakistan had a federal structure, with powers divided between the central government and the provinces.
• However, the central government retained strong control over provincial matters.
13. Emergency Provisions:
• The President could declare an emergency in case of war, internal disturbances, or economic instability.
• During an emergency, fundamental rights could be suspended, and the powers of the central government were significantly enhanced.
Weaknesses of the Constitution
1. Strong Executive Powers:
o The President had excessive powers, including the ability to dismiss the Prime Minister and dissolve the National Assembly.
2. Parliamentary System in Name Only:
o While it was a parliamentary system, the President's authority overshadowed the Prime Minister, making it more of a hybrid system.
3. Failure to Address Provincial Concerns:
o The parity principle (equal representation for East and West Pakistan) was controversial as East Pakistan had a larger population.
o This created resentment in East Pakistan, contributing to future political instability.
4. Ambiguity in Islamic Provisions:
o While the Constitution aimed to establish an Islamic system, it lacked clear guidelines on implementing Islamic laws, leading to confusion.
5. Lack of Political Stability:
o The Constitution did not provide strong mechanisms to ensure stable governance, leading to frequent political turmoil.
Abrogation of the 1956 Constitution
• On October 7, 1958, President Iskander Mirza abrogated the Constitution and imposed martial law.
• General Ayub Khan took over as Chief Martial Law Administrator (CMLA) and later removed Iskander Mirza from power.
• The abrogation marked the end of democratic governance and the beginning of military rule in Pakistan.
• In 1962, a new constitution was introduced by Ayub Khan, replacing the parliamentary system with a presidential system.
Conclusion
The Constitution of 1956 was an important milestone in Pakistan’s constitutional history. It was the first attempt to create a legal framework suited to Pakistan’s unique political, religious, and cultural context. However, due to political instability, executive dominance, and lack of provincial harmony, the Constitution could not last long. Its failure highlighted the need for a more balanced and stable governance structure, leading to future constitutional developments.
Multiple-Choice Questions (MCQs)
01. When was Pakistan’s first constitution adopted?
a) August 14, 1947
b) March 23, 1956
c) October 7, 1958
d) December 16, 1971
02. What was the primary significance of the 1956 Constitution?
a) It made Pakistan a British dominion
b) It established Pakistan as an Islamic Republic
c) It introduced a presidential system
d) It merged East and West Pakistan into one province
03. What was the number of articles in the 1956 Constitution?
a) 150
b) 200
c) 234
d) 300
04. What was the system of government introduced by the 1956 Constitution?
a) Presidential
b) Parliamentary
c) Monarchy
d) Federal dictatorship
05. Who was the head of state according to the 1956 Constitution?
a) Prime Minister
b) President
c) Governor-General
d) Chief Justice
06. Which document served as the constitutional framework before the adoption of the 1956 Constitution?
a) The Objectives Resolution
b) The Indian Independence Act 1947
c) The Government of India Act 1935
d) The Lahore Resolution
07. What was the initial structure of the legislature in the 1956 Constitution?
a) Unicameral
b) Bicameral
c) Tricameral
d) Federal Council
08. Why was the bicameral legislature plan modified in the final draft?
a) To strengthen the role of provinces
b) To maintain a balance between East and West Pakistan
c) To reduce the cost of governance
d) To give more power to the military
09. What principle did the Constitution introduce to balance power between East and West Pakistan?
a) Proportional representation
b) Equal representation
c) First-past-the-post system
d) Reserved seats for minorities
10. How was the President of Pakistan elected under the 1956 Constitution?
a) Directly by the people
b) By the National Assembly and Provincial Assemblies
c) By the Supreme Court
d) By military officials
11. What was a major issue regarding the President’s powers in the 1956 Constitution?
a) The President could not appoint the Prime Minister
b) The President had the power to dissolve the National Assembly
c) The President had no influence over governance
d) The President could not declare a state of emergency
12. What was the role of the Supreme Court under the 1956 Constitution?
a) It was the highest judicial authority
b) It had no independence from the executive
c) It was under military control
d) It was a part of the legislature
13. What major language decision was made in the 1956 Constitution?
a) Urdu was the only national language
b) Bengali was the only national language
c) Both Urdu and Bengali were recognized as national languages
d) English remained the official language
14. What key provision related to Islam was included in the 1956 Constitution?
a) Pakistan was declared a secular state
b) Islam was declared the state religion
c) The President could belong to any religion
d) The Constitution made no reference to Islam
15. Which council was formed to ensure laws complied with Islamic principles?
a) Council of Islamic Guidance
b) Religious Affairs Committee
c) Advisory Council of Islamic Ideology
d) Sharia Implementation Board
16. What emergency powers did the President have under the 1956 Constitution?
a) The power to dismiss provincial governments
b) The power to declare martial law unilaterally
c) The power to suspend fundamental rights during an emergency
d) No emergency powers were granted
17. What was a major weakness of the 1956 Constitution?
a) It gave excessive power to the Prime Minister
b) It failed to define the relationship between Islam and governance
c) It failed to provide clear election procedures
d) It was too flexible and easily amendable
18. Who abrogated the 1956 Constitution?
a) General Ayub Khan
b) President Iskander Mirza
c) Prime Minister Liaquat Ali Khan
d) Zulfikar Ali Bhutto
19. What was the result of the abrogation of the 1956 Constitution?
a) A new parliamentary system was introduced
b) East Pakistan became independent
c) Martial law was imposed
d) Pakistan joined the Commonwealth
20. What constitution replaced the 1956 Constitution?
a) The 1962 Constitution
b) The 1973 Constitution
c) The Objectives Resolution
d) The Government of India Act 1935
Answers
01. b) March 23, 1956
02. b) It established Pakistan as an Islamic Republic
03. c) 234
04. b) Parliamentary
05. b) President
06. c) The Government of India Act 1935
07. b) Bicameral
08. b) To maintain a balance between East and West Pakistan
09. b) Equal representation
10. b) By the National Assembly and Provincial Assemblies
11. b) The President had the power to dissolve the National Assembly
12. a) It was the highest judicial authority
13. c) Both Urdu and Bengali were recognized as national languages
14. b) Islam was declared the state religion
15. c) Advisory Council of Islamic Ideology
16. c) The power to suspend fundamental rights during an emergency
17. b) It failed to define the relationship between Islam and governance
18. b) President Iskander Mirza
19. c) Martial law was imposed
20. a) The 1962 Constitution
__________________________________________________________________________________-
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