Constitutional Development of Pakistan, 1947–2023
Pakistan's constitutional history is marked by repeated interruption — three written constitutions (1956, 1962, 1973), four periods of martial law, and twenty-six amendments to the 1973 Constitution. The trajectory reveals an unresolved tension between parliamentary democracy, military intervention and federal–provincial balance.
A constitution is the supreme law of a state — the document (or set of conventions) that establishes the institutions of government, distributes power among them, and guarantees fundamental rights. Pakistan's 1973 Constitution describes itself as the "supreme law" in Article 8 and binds all organs of the State.
The interim phase, 1947–1956
Pakistan came into being on 14 August 1947 under the Indian Independence Act 1947 (UK) and continued to operate under an adapted Government of India Act 1935 as its interim constitution, supplemented by the Indian Independence Act. The first Constituent Assembly was tasked with framing a permanent constitution but was dissolved by Governor-General Ghulam Muhammad on 24 October 1954.
The Objectives Resolution (12 March 1949), moved by Liaquat Ali Khan, set the ideological framework — sovereignty belongs to Allah, exercised by the people through their elected representatives, within the limits prescribed by Him. It was the preamble of all three constitutions and became a substantive part of the 1973 Constitution by the 8th Amendment (Article 2A, 1985).
The dissolution was upheld on the doctrine of necessity in Federation of Pakistan v. Maulvi Tamizuddin Khan PLD 1955 FC 240 (Munir CJ).
The 1956 Constitution
The first indigenous Constitution was adopted on 23 March 1956, making Pakistan an Islamic Republic. Key features:
- Parliamentary system with bicameral provincial legislatures and a unicameral central legislature.
- President as constitutional head; PM as executive.
- One Unit scheme — West Pakistan merged into a single province.
- Federalism with two provinces — East and West Pakistan.
It lasted 30 months before being abrogated by General Ayub Khan's martial law (7 October 1958), sanctified by State v. Dosso PLD 1958 SC 533 through Hans Kelsen's theory of revolutionary legality.
The 1962 Constitution
Promulgated by Ayub Khan on 1 March 1962, it instituted a presidential system with strong executive authority and indirect elections via "Basic Democracies" (80,000 BD members). Key features:
- Strong presidency; weak legislature.
- Federalism nominally retained but centralised.
- Fundamental Rights initially excluded; restored by First Amendment 1963.
- Islamic Advisory Council and Council of Islamic Ideology.
Abrogated when Yahya Khan imposed martial law on 25 March 1969.
- Asma Jilani v. Government of Punjab PLD 1972 SC 139 repudiated Dosso, holding that usurpation of constitutional authority is illegal.
- The Legal Framework Order 1970 governed the 1970 general elections — the first on adult franchise.
- The 1971 war and creation of Bangladesh transformed Pakistan's constitutional landscape.
The 1973 Constitution
Drafted by the National Assembly under Z.A. Bhutto and unanimously passed on 10 April 1973, the 1973 Constitution came into force on 14 August 1973. Salient features:
| Feature | Provision |
|---|---|
| Federal parliamentary system | Articles 41–101 |
| Bicameral Parliament — Senate + NA | Articles 50–89 |
| Fundamental Rights | Articles 8–28 |
| Principles of Policy | Articles 29–40 |
| Independent judiciary | Articles 175–212 |
| Islamic provisions | Articles 2, 2A, 31, 227–231 |
| Federal list & Concurrent list | Fourth Schedule |
| Emergency provisions | Articles 232–237 |
Suspensions and revivals
The Constitution was held in abeyance — but not abrogated — under Zia (1977–1985) and Musharraf (1999–2002). Both interventions were validated under the doctrine of necessity (Begum Nusrat Bhutto PLD 1977 SC 657; Zafar Ali Shah PLD 2000 SC 869) and later condemned (Sindh High Court Bar Association v. Federation PLD 2009 SC 879 condemning the November 2007 PCO).
Major amendments
- 1st (1974): Bangladesh recognition; territorial adjustments.
- 8th (1985): Lifted martial law; vested Article 58(2)(b) presidential dissolution power; inserted Article 2A.
- 13th (1997): Repealed 58(2)(b).
- 17th (2003): Restored 58(2)(b); validated Musharraf-era ordinances.
- 18th (2010): Transformative — repealed 58(2)(b), abolished Concurrent List, devolved 17 ministries to provinces, renamed NWFP as Khyber Pakhtunkhwa, restored 1973 design.
- 19th (2010): Modified judicial appointment process post-Al-Jehad Trust.
- 20th (2012): Caretaker government provisions.
- 21st (2015): Military courts for terrorism (sunset clause).
- 25th (2018): Merger of FATA with KP.
- 26th (2024): Restructured judicial commission, capped Chief Justice's term and shifted some constitutional-court powers.
For CSS, memorise this doctrine-of-necessity timeline: Tamizuddin (1955) → Dosso (1958) → Asma Jilani (1972) → Nusrat Bhutto (1977) → Zafar Ali Shah (2000) → Tikka Iqbal Muhammad Khan (2008) → Sindh HC Bar Association (2009). Be able to state how each case used or repudiated the doctrine.
Salient features of the 1973 Constitution
The Constitution is rigid (special procedure under Article 239) but partially flexible for ordinary law. It is written, federal, republican, and Islamic. The Objectives Resolution is now a substantive part. The basic structure doctrine — whether the judiciary may strike down constitutional amendments — was tentatively recognised in Mahmood Khan Achakzai v. Federation PLD 1997 SC 426 and reinforced in District Bar Association Rawalpindi v. Federation PLD 2015 SC 401.