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Constitutional History of Pakistan

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📖 Historical and Constitutional Notes

📖 What to learn in order

  1. 1947–1956: The Interim Period
  2. 1956 Constitution
  3. 1962 Constitution (Ayub Khan)
  4. 1973 Constitution
  5. Key Amendments
  6. Exam Angle

CSS answer alignment: connect the note to the question's command word, dates, causal explanation and alternative view. Review actual papers before practice questions.


1947–1956: The Interim Period

  • Governed under Government of India Act 1935 (adapted) — no indigenous constitution for 9 years
  • Causes of delay:
    • East–West parity dispute
    • language controversy (Bengali vs Urdu)
    • deaths of Jinnah (1948) and Liaquat (1951)
    • weak party structure
  • Objectives Resolution (1949) — set ideological direction (sovereignty belongs to Allah)

1956 Constitution

  • Parliamentary federal system
  • President: Muslim, over 40, chooses PM, emergency powers to dissolve assembly
  • PM: real executive, chooses cabinet from National Assembly
  • Unicameral National Assembly — 300 members, adult franchise
  • One Unit Scheme — merged 4 West Pakistan provinces into one, to balance East Pakistan's population majority
  • Collapsed in 2 years — Iskander Mirza abrogated it 7 Oct 1958, imposed martial law; Ayub Khan took over within 3 weeks

1962 Constitution (Ayub Khan)

  • Presidential system (not parliamentary)
  • Based on Basic Democracies system (introduced 1959) — indirect, tiered electoral college (~80,000 "Basic Democrats")
  • Unicameral legislatures at centre & provinces
  • Institutionalized military role in politics — legalized generals as PM/Defence Minister
  • Abrogated 1969 when Ayub resigned, Yahya Khan imposed martial law

1973 Constitution

  • Passed under Zulfikar Ali Bhutto after 1971 loss of East Pakistan
  • Parliamentary federal system, still in force today (with amendments)
  • Bicameral legislature (National Assembly + Senate)
  • Islam declared state religion; PM is chief executive, President ceremonial
  • Suspended/modified multiple times (Zia 1977–85, Musharraf 1999–2002) but never fully abrogated — restored each time

Key Amendments

  • 8th Amendment (1985, Zia) — Article 58(2)(b), gave President power to dissolve assemblies
  • 13th Amendment (1997) — removed 58(2)(b), restored PM supremacy
  • 17th Amendment (2003, Musharraf) — restored presidential discretionary powers
  • 18th Amendment (2010) — major provincial autonomy, removed 58(2)(b) permanently, renamed NWFP to Khyber Pakhtunkhwa (see separate note)

Exam Angle

  • Frame it as a pendulum between presidential and parliamentary systems.
  • Each swing was driven by civil-military power struggles.

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