1956 Constitution & Its Failure (1956–1958)

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Topic: Constitution of 1956: its salient features, the governments formed under it (1956–58), and the causes of its failure, which ended in the first martial law (October 1958).

CSS relevance: 🔥 Very high. "Salient features of the 1956 Constitution" and "Why did the 1956 Constitution fail?" are classic questions.

🗺️ Overview

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I. Introduction

• The first constitution passed and adopted by Pakistan after independence (1947).
  • Until then, Pakistan ran under the adapted Government of India Act 1935.
• Came into force: 23 March 1956.
• A written and lengthy constitution: 234 articles, 13 parts and 6 schedules.
• Its nature was fundamentally British, as it was mainly based on the Government of India Act 1935 (itself made by the British Parliament).
  • It had many similarities to the 1935 Act, though some provisions were dropped.

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II. Salient Features

1. Written & lengthy

• A detailed document of 234 articles, 13 parts and 6 schedules.

2. Islamic Republic of Pakistan

• Article 1: "Pakistan shall be a Federal Republic to be known as the Islamic Republic of Pakistan."
• It fixed both the name of the country and the type of state (federation).

3. Objectives Resolution as Preamble

• The Objectives Resolution (1949) was included word for word as the Preamble.

4. Parliamentary system

• A parliamentary form of government:
  • the President was Head of State
  • the Prime Minister was Head of Government.

5. Federal system

• Pakistan was a federation of two provinces: East Pakistan and West Pakistan (One Unit).

6. Fundamental rights

• Article 4: any existing law inconsistent with fundamental rights becomes void. The state cannot make any new law that takes them away; any such law is also void.
• Article 5:
  • Equality: all citizens are equal before law and entitled to equal protection of law.
  • Rule of law: no person shall be deprived of life or liberty except in accordance with law.
• Article 8: freedom of speech and expression.
• Article 9: freedom of peaceful assembly.
• Article 10: freedom to form associations and unions.
• Article 11: freedom of movement. A citizen may move freely throughout Pakistan, reside and settle anywhere, and acquire, hold and dispose of property, subject to reasonable restrictions in the public interest.
• Article 13: every religious community may establish and maintain educational institutions.
• Article 18: religious freedom.
  • Every citizen may profess, practise and propagate their religion, subject to law, public order and morality.
  • Every religious denomination and sect may establish, maintain and manage its religious institutions.

7. Directive Principles of State Policy

These are guidelines for state policy. They are not enforceable in courts.

• Article 25 (Islamic way of life): the state shall take steps to enable Muslims, individually and collectively, to order their lives according to the Quran and Sunnah. This includes:
  • facilities for Muslims to understand the meaning of life according to the Quran and Sunnah
  • making teaching of the Holy Quran compulsory
  • promoting unity and Islamic moral standards
  • proper organisation of Zakat, Auqaf and mosques.
• Article 27 (minorities): safeguard the legitimate rights and interests of minorities, including their due representation in federal and provincial services.
• Article 30 (separation of powers):
  • Separate the judiciary from the executive as soon as possible. Under British rule the executive also held judicial powers, and the bureaucracy kept using them after 1947.
  • Achieve parity in the representation of East and West Pakistan in other spheres of federal administration.

8. Unicameral federal legislature

• Parliament = the President + one house, the National Assembly.
  • There was no Senate (upper house).
• 300 members, on parity:
  • 150 from East Pakistan
  • 150 from West Pakistan.
• Women: 10 reserved seats (5 from each wing) for 10 years from Constitution Day.
• Article 50: the President could summon, prorogue and dissolve the National Assembly.
  • At least one session a year had to be held in Dacca.
• Term: 5 years from its first meeting, unless dissolved earlier.

9. The President

• Election (Art 32): by an electoral college of the National Assembly + both Provincial Assemblies.
• Qualifications: must be a Muslim, at least 40 years old.
• Term (Art 33): 5 years, and not more than two consecutive terms.
• Removal (Art 35): only by impeachment, on charges of violating the Constitution or gross misconduct. This was a built-in check and balance.
• Powers:
  • appoints the Attorney General (Art 38)
  • Supreme Commander of the armed forces (Art 40)
  • dissolves the National Assembly (Art 50)
  • appoints the Auditor General (Art 120)
  • appoints the Chief Election Commissioner and members of the Election Commission (Art 137)
  • appoints the Chief Justice of Pakistan, Supreme Court judges, and High Court Chief Justices and judges (Art 149)
  • Emergency (Art 191): can proclaim an emergency if Pakistan's security or economic life is threatened by war, external aggression or internal disturbance beyond a province's control. The proclamation must be laid before the National Assembly.
  • Pardon (Art 209): can grant pardons, reprieves and respites, and remit, suspend or commute any sentence.
  • Immunity (Art 213): neither the President nor a Governor is answerable to any court for the exercise of their official powers and duties.

10. The Prime Minister & Cabinet

• Article 37: there shall be a Cabinet headed by the Prime Minister.
• The President, in his discretion, appoints as PM the NA member most likely to command the confidence of the majority.
• Ministers, ministers of state and deputy ministers are appointed and removed by the President.
• The Cabinet is collectively responsible to the National Assembly.
• The PM holds office during the pleasure of the President. ⚠️ This was a key weakness that allowed presidential interference.

11. Provincial structure

• A strong centre, with weak provincial autonomy. East Pakistan was the most dissatisfied.
• Distribution of powers, in three lists:
  • Federal list: 30 items
  • Concurrent list: 19 items
  • Provincial list: 94 items
  • Residuary powers with the provinces.
• Article 70, provincial government:
  • A Governor (a citizen of Pakistan, at least 40 years old).
  • A Chief Minister, the provincial assembly member who commands the majority.
  • The cabinet is collectively responsible to the provincial assembly. It was the same pattern as the centre.
• Article 76, provincial assemblies: 300 members each (East and West), plus 10 women's seats each.
  • The Governor could summon, prorogue and dissolve them.
  • Term: 5 years.

12. Independent judiciary

• The Constitution guaranteed the independence of the judiciary.
• Supreme Court: the Chief Justice of Pakistan plus not more than 6 judges, appointed by the President.
  • Judges could be removed only through an impeachment-type process in the Assembly, not administratively.
• Jurisdiction:
  • Original (Art 156): disputes between the centre and provinces, or between provinces.
  • Interpretation of the Constitution.
  • Appellate: appeals against High Court decisions.
  • Advisory (Art 162): the President can refer any question of law to the Supreme Court for its opinion.
• High Courts (Art 165): one in each province (two in all), each with a Chief Justice and judges appointed by the President. Their number was fixed by the President.

13. Islamic provisions

• No law shall be repugnant to the Quran and Sunnah.
• Existing laws to be brought in line with Islamic injunctions.
• Within one year, the President was to appoint a Commission to recommend how to bring existing laws into conformity with Islam.
• The President had to be a Muslim.

14. State language (Article 214)

• Urdu and Bengali were both state languages, which settled the language issue.
• English would continue for all official purposes for 20 years.

15. Other features

• Direct elections on adult franchise.
• Single citizenship: only Pakistani citizenship; no provincial citizenship.
• Amendment procedure:
  • An Act of Parliament passed by a majority of the total NA membership, and at least two-thirds of members present and voting, with the President's assent.
  • If the amendment concerned a province, the provincial assembly's approval was also needed.
  • So the constitution was partly flexible and partly rigid, but generally considered flexible.

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III. Governments under the 1956 Constitution (1956–58)

Four Prime Ministers in about 2.5 years shows the extreme political instability.

• Iskander Mirza was Governor-General and became the first President on 23 March 1956, when the post of Governor-General was abolished.

1. Chaudhry Muhammad Ali (continued until Sept 1956)

• Under One Unit, Dr Khan Sahib (from the NWFP) became CM of West Pakistan (October 1955).
  • The Muslim League did not want him, but he had President Mirza's blessing.
• The Republican Party was formed in West Pakistan (1956).
  • Dr Khan Sahib's group and Muslim League dissidents joined it.
  • The same thing happened at the centre: ML members defected to the Republicans in the National Assembly.
• Mirza backed the Republicans and worked to crush the Muslim League, causing many defections.
• The Republicans became the single largest party in the NA, with 22 members (June 1956).
• Chaudhry Muhammad Ali was caught in between:
  • he needed Republican support to stay PM
  • ML hardliners told him to have nothing to do with the defectors.
• He resigned as PM and left the Muslim League. The first government fell about six months after the constitution was enforced.

2. Huseyn Shaheed Suhrawardy (1956–57)

• Leader of the Awami League, which held power in East Pakistan.
• Formed a coalition of the Awami League and the Republican Party. The Republicans' Dr Khan Sahib was CM of West Pakistan.
• Two major issues:
  1. Electorate:
     • East Pakistan (Awami League) wanted a joint electorate.
     • West Pakistan (Republicans) wanted a separate electorate.
     • The coalition partners were split.
  2. One Unit:
     • The West Pakistan Assembly passed a resolution in September 1957 to abolish One Unit.
     • Suhrawardy denounced the resolution, which damaged him on both sides.
• The Awami League also demanded an end to parity, and seats on the basis of population for East Pakistan.
• The Republicans withdrew support, and Mirza forced Suhrawardy to resign on 17 October 1957.

3. I.I. (Ismail Ibrahim) Chundrigar (Oct–Dec 1957)

• From the Muslim League, and invited by Mirza to form a government.
• A coalition of the Republicans and the Muslim League.
• Differences arose over the joint electorate, and the Republicans withdrew support.
• He resigned after only about two months.

4. Malik Feroz Khan Noon (Dec 1957 – Oct 1958)

• Leader of the Republican Party in the NA; took oath on 16 December 1957.
• Formed a coalition with five East Pakistani parties. The Muslim League was kept out.
  1. Awami League
  2. National Awami Party (NAP)
  3. Krishak Sramik Party
  4. National Congress
  5. Scheduled Caste Federation
• A very weak government that relied on "crutches":
  • it was under pressure from Republican feudals and East Pakistani parties
  • the Awami League and NAP did not even join the cabinet.
• East Pakistan was in even worse shape:
  • There was a brawl in the East Pakistan Assembly (September 1958), and Deputy Speaker Shahed Ali was fatally injured.
  • The centre imposed emergency / Governor's rule in East Pakistan (Article 193).
• It was agreed that general elections would be held in November 1958 (later pushed toward early 1959).
  • Since the constitution was enforced, no general election had been held.
  • Mirza and the Republicans kept delaying the announcement, fearing defeat.

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IV. Abrogation & the First Martial Law (1958)

• 7 October 1958: President Iskander Mirza abrogated the Constitution, dismissed the central and provincial governments, dissolved the assemblies, banned political parties, and imposed martial law.
  • Gen. Muhammad Ayub Khan (C-in-C) was made Chief Martial Law Administrator (CMLA).
• 27 October 1958: about three weeks later, Ayub Khan deposed Mirza, sent him into exile, and took over the presidency.
  • He held both posts, President and CMLA.
  • This formalised the militarisation of Pakistan's political system: the first military government.
• The 1956 Constitution lasted only about 2.5 years.

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V. Causes of Failure of the 1956 Constitution

A. Defects in the Constitution itself

1. Unicameral legislature in a federation:
   • Federations normally have two houses: a lower house by population and an upper house with equal representation of units.
   • With no upper house, there was no safety valve to keep the federating units together.
2. Parity between the wings:
   • Equal NA seats (150:150) ignored East Pakistan's population majority (~55–56%).
   • Lower houses are always based on population, so parity bred inter-provincial resentment.
3. One Unit:
   • Opposed by East Pakistan, and later by West Pakistani politicians too (the 1957 resolution).
   • The lecturer calls it a futile exercise. The correct model is population for the lower house, equality for the upper house.
4. Too many presidential powers:
   • The PM served at the President's pleasure, and the President could dissolve the Assembly.
   • This invited interference.
5. Strong centre, weak provincial autonomy, which alienated East Pakistan.

B. Political causes

1. East–West differences on the joint vs separate electorate, and on land reforms.
2. Reluctance to hold general elections: none were held under the constitution, for fear of defeat.
3. Intrigues of the political leadership:
   • Constant horse-trading, the creation of the Republican Party, and shifting coalitions (sometimes with the ML, sometimes with East Pakistani parties).
   • Parties would not let each other govern, so governments fell one after another.
4. Power struggle between East and West Pakistan:
   • East Pakistan kept demanding its rights and share by population.
   • The two wings never built a working relationship to strengthen democracy.
5. Undue interference by the President (Mirza):
   • He created and backed the Republicans, then engineered the fall of governments.
6. Greed for power among politicians, the bureaucracy and the army.
   • The power lust of politicians and bureaucrats drew the army in.
   • The result was the first military takeover.

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📊 Key Figures at a Glance

🗓️ Timeline

• Oct 1955: Dr Khan Sahib becomes CM of West Pakistan.
• 29 Feb 1956: Constitution passed.
• 23 Mar 1956: Constitution enforced; Mirza becomes President.
• 1956: Republican Party formed.
• Jun 1956: Republicans become the largest party in the NA (22).
• 12 Sept 1956: Chaudhry Muhammad Ali resigns; Suhrawardy becomes PM.
• Sept 1957: West Pakistan Assembly resolution against One Unit.
• 17 Oct 1957: Suhrawardy resigns; Chundrigar becomes PM.
• Dec 1957: Chundrigar resigns.
• 16 Dec 1957: Feroz Khan Noon becomes PM.
• Sept 1958: Deputy Speaker Shahed Ali killed in the East Pakistan Assembly; emergency in East Pakistan.
• 7 Oct 1958: Mirza abrogates the Constitution and imposes martial law; Ayub becomes CMLA.
• 27 Oct 1958: Ayub deposes Mirza and becomes President.

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⚠️ MCQ Traps

• The 1956 Constitution had 234 articles, 13 parts and 6 schedules.
• It was passed on 29 Feb and enforced on 23 Mar 1956.
• The legislature was unicameral (National Assembly only). There was no Senate in 1956.
• NA = 300 members on parity (150:150), plus 10 women's seats.
• Urdu and Bengali were both state languages; English for 20 years.
• The President had to be a Muslim and 40+, with a maximum of two consecutive terms.
• The PM held office at the President's pleasure.
• Residuary powers were with the provinces in 1956. In the BPC 1950 report, they were with the centre.
• Legislative lists: 30 / 19 / 94 (federal / concurrent / provincial).
• Four PMs served under the 1956 Constitution: Ch. Muhammad Ali → Suhrawardy → Chundrigar → Noon.
• Chundrigar had the shortest tenure (about 2 months).
• The Republican Party was Mirza's creation, with Dr Khan Sahib and Feroz Khan Noon.
• Martial law was imposed by Mirza (7 Oct 1958), not Ayub. Ayub deposed Mirza (27 Oct 1958).

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✍️ Model Answer Outlines

Q1. Discuss the salient features of the 1956 Constitution.

1. Introduction: the first constitution, after 9 years; enforced 23 Mar 1956; based on the GoI Act 1935.
2. Features:
   • written and lengthy
   • Islamic Republic, with the Objectives Resolution as Preamble
   • federal and parliamentary
   • fundamental rights (Arts 4–18)
   • directive principles (Arts 25, 27, 30)
   • unicameral NA of 300 on parity
   • a Muslim President with wide powers
   • PM and cabinet responsible to the NA
   • three legislative lists
   • independent judiciary
   • Islamic provisions
   • Urdu and Bengali
   • direct elections, single citizenship, amendment procedure.
3. Conclusion: an Islamic, democratic and federal framework, but with built-in weaknesses.

Q2. Why did the 1956 Constitution fail?

1. Constitutional defects: unicameralism, parity, One Unit, presidential powers, a strong centre.
2. Political causes: the electorate dispute, no elections, intrigues, the Republican Party, four PMs in 2.5 years.
3. Institutional causes: Mirza's interference; power lust among politicians, bureaucracy and army.
4. East–West power struggle: chaos in East Pakistan (the Deputy Speaker's death).
5. Conclusion: abrogation on 7 Oct 1958, and Ayub's takeover on 27 Oct 1958. It started the cycle of military rule.

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🧠 Self-Test Questions

1. When was the 1956 Constitution enforced, and how many articles, parts and schedules did it have?
2. Why is the 1956 Constitution called "fundamentally British"?
3. List the fundamental rights in the 1956 Constitution, with their articles.
4. What were the main directive principles of state policy?
5. Describe the composition of the National Assembly under the 1956 Constitution.
6. What were the qualifications, term and powers of the President?
7. How was the Prime Minister appointed, and why was his position weak?
8. How were powers distributed between the centre and provinces?
9. How did the 1956 Constitution settle the language issue?
10. Name the four PMs of 1956–58 and explain why each government fell.
11. What was the Republican Party, and what was its role?
12. What happened on 7 October and 27 October 1958?
13. Give five causes of the failure of the 1956 Constitution.

⚡ 60-Second Revision

First constitution, enforced 23 Mar 1956; 234 articles, 13 parts, 6 schedules; British-based (GoI Act 1935) • Islamic Republic (Art 1), Objectives Resolution as Preamble, federal + parliamentary • Fundamental rights Arts 4, 5, 8, 9, 10, 11, 13, 18 • Directive principles: Art 25 (Quran/Sunnah, Zakat), Art 27 (minorities), Art 30 (separate judiciary, parity) • Unicameral NA of 300 (150:150) + 10 women; one session in Dacca each year; 5 years • President: Muslim, 40+, 5 years, max 2 terms, impeachment, wide powers (dissolution, emergency Art 191, pardon, appointments) • PM at the President's pleasure • Lists 30/19/94, residuary with provinces • SC: CJ + 6 • No law against Quran/Sunnah; commission in 1 year • Urdu + Bengali; English for 20 years • PMs: Ch. Muhammad Ali → Suhrawardy → Chundrigar → Noon • Republican Party (Mirza, Dr Khan Sahib) • 7 Oct 1958 Mirza's martial law → 27 Oct 1958 Ayub • Failure: unicameralism, parity, One Unit, electorate dispute, no elections, intrigues, Mirza's interference, power lust

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📚 Recommended Books (from lecture)

• Hamid Khan: Constitutional and Political History of Pakistan
• K.K. Aziz: Party Politics in Pakistan 1947–58
• Ayesha Jalal: The State of Martial Rule
• The Political System of Pakistan: A Constitutional Study
• G.W. Choudhury: Constitutional Development in Pakistan
• A.K. Brohi: Fundamental Law of Pakistan

Next lecture: the Ayub Khan regime (1958–1969).