Constitution of Pakistan of 1956

Introduction

The Constitution of Pakistan of 1956 stands as a significant milestone in the country’s journey toward establishing a sovereign and independent governance framework. Enacted on March 23, 1956, it was the first constitution of the newly independent state of Pakistan, marking the culmination of nearly a decade of political and constitutional deliberations. This article explores the historical context, key features, structure, and eventual fate of the 1956 Constitution, shedding light on its importance in shaping Pakistan’s early political landscape.

Historical Context

Pakistan gained independence from British colonial rule on August 14, 1947, alongside India, following the partition of the Indian subcontinent. In its early years, Pakistan operated under the Government of India Act, 1935, as an interim constitutional framework while the nation grappled with challenges such as mass migration, economic instability, and the task of nation-building. The process of drafting a constitution was complex, marked by political instability, regional tensions, and debates over the role of religion in governance.

The first Constituent Assembly, tasked with drafting the constitution, was formed in 1947 but faced numerous hurdles. Disagreements between East Pakistan (now Bangladesh) and West Pakistan over representation, language, and federal structure delayed progress. The Objectives Resolution of 1949, passed under Prime Minister Liaquat Ali Khan, laid the foundational principles for the constitution, emphasizing Islamic values, democracy, and equality. However, the assassination of Liaquat Ali Khan in 1951 and subsequent political turmoil further slowed the process.

By 1954, the Constituent Assembly had made significant progress, but it was dissolved by Governor-General Ghulam Muhammad, leading to a constitutional crisis. A second Constituent Assembly was formed in 1955, and under the leadership of Prime Minister Chaudhry Muhammad Ali, it successfully drafted and adopted the Constitution of 1956, which came into effect on March 23, 1956.

Key Features of the 1956 Constitution

The 1956 Constitution was a comprehensive document that sought to balance competing interests within Pakistan, including regional diversity, religious identity, and democratic aspirations. Below are its key features:

1. Islamic Republic of Pakistan

The Constitution declared Pakistan an Islamic Republic, reflecting the Objectives Resolution of 1949. It mandated that the head of state (the President) must be a Muslim and that no law repugnant to the Quran and Sunnah could be enacted. This provision aimed to align governance with Islamic principles while ensuring religious tolerance for minorities.

2. Parliamentary Democracy

The Constitution established a parliamentary form of government, with a unicameral legislature called the National Assembly. The Prime Minister, as the head of government, was to be elected by the National Assembly and was responsible for day-to-day governance, while the President served as the ceremonial head of state with limited powers.

3. Federal Structure

To address the regional disparities between East and West Pakistan, the Constitution adopted a federal structure. It introduced the concept of “One Unit,” merging the provinces of West Pakistan into a single administrative unit to balance representation with East Pakistan, which had a larger population. The National Assembly was composed of 300 seats, equally divided between East and West Pakistan, ensuring parity.

4. Fundamental Rights

The Constitution included a comprehensive list of fundamental rights, guaranteeing freedoms such as speech, religion, assembly, and movement. It also ensured equality before the law and prohibited discrimination based on religion, race, or gender. These provisions aimed to protect citizens’ liberties and promote inclusivity.

5. Judiciary

An independent judiciary was established, with the Supreme Court as the highest judicial authority. The Constitution empowered the judiciary to interpret the Constitution and protect fundamental rights, laying the groundwork for judicial review.

6. Official Language

Urdu and Bengali were declared the national languages, recognizing the linguistic diversity of East and West Pakistan. English was retained for official purposes for a transitional period of 20 years.

7. Directive Principles of State Policy

Inspired by the Objectives Resolution, the Constitution included directive principles that guided the state in promoting social justice, education, and economic welfare. These principles were non-justiciable but served as a roadmap for governance.

8. Presidential Powers

While the President’s role was largely ceremonial, the Constitution granted certain discretionary powers, such as the ability to dissolve the National Assembly under specific conditions. This provision later became a point of contention.

Structure of the Constitution

The 1956 Constitution was a detailed document comprising 234 articles, divided into 13 parts and several schedules. Its structure included:

• Preamble: Rooted in the Objectives Resolution, it emphasized sovereignty, democracy, and Islamic principles.
• Part I: Defined the state, its territories, and the role of Islam.
• Part II: Outlined fundamental rights and directive principles of state policy.
• Part III: Described the powers and functions of the President.
• Part IV: Detailed the composition and functions of the National Assembly.
• Part V: Established the judiciary, including the Supreme Court and High Courts.
• Part VI: Addressed federal-provincial relations and the distribution of powers.
• Parts VII-XIII: Covered miscellaneous provisions, such as elections, services, and amendments.
• Schedules: Included details on the distribution of legislative powers and administrative matters.

Implementation and Challenges

The 1956 Constitution came into effect on March 23, 1956, coinciding with the transformation of Pakistan from a dominion to a republic. Iskander Mirza became the first President, and Chaudhry Muhammad Ali continued as Prime Minister. However, the Constitution faced significant challenges during its brief implementation:

1. Political Instability: Frequent changes in government and weak political parties undermined the parliamentary system. Between 1956 and 1958, Pakistan saw multiple prime ministers, including Huseyn Shaheed Suhrawardy, I.I. Chundrigar, and Feroz Khan Noon.
2. East-West Tensions: The “One Unit” scheme, while intended to balance representation, was deeply unpopular in West Pakistan’s smaller provinces, which felt their identities were suppressed. East Pakistan also resented the centralization of power in West Pakistan.
3. Economic and Social Challenges: The young nation struggled with economic underdevelopment and social inequalities, which the Constitution’s directive principles could not immediately address.
4. Presidential Overreach: President Iskander Mirza’s dissatisfaction with the parliamentary system led to political maneuvering, setting the stage for the Constitution’s eventual abrogation.

Dissolution of the 1956 Constitution

The 1956 Constitution was short-lived, lasting only two and a half years. On October 7, 1958, President Iskander Mirza, with the support of General Ayub Khan, declared martial law, abrogated the Constitution, and dissolved the National Assembly. This marked the first military coup in Pakistan’s history. The reasons cited included political instability, corruption, and the failure of the parliamentary system to deliver effective governance.

Ayub Khan later ousted Mirza and assumed power, introducing a new constitution in 1962 that shifted Pakistan to a presidential system. The abrogation of the 1956 Constitution was a setback for democratic governance, setting a precedent for military interventions in Pakistan’s politics.

Legacy and Significance

Despite its brief existence, the 1956 Constitution holds immense historical significance:

• Foundation for Democracy: It established Pakistan as a republic and laid the groundwork for parliamentary democracy, even if its implementation was flawed.
• Balancing Diversity: The Constitution’s federal structure and recognition of linguistic diversity attempted to address the challenges of a geographically and culturally divided nation.
• Islamic Identity: By declaring Pakistan an Islamic Republic, it formalized the role of Islam in governance, a principle that continues to shape Pakistan’s constitutional framework.
• Learning Experience: The challenges faced by the 1956 Constitution highlighted the complexities of nation-building in a post-colonial state, influencing subsequent constitutional developments.

The Constitution of Pakistan of 1956 was a landmark achievement, reflecting the aspirations of a newly independent nation to establish a democratic, federal, and Islamic republic. While it faced significant challenges and was ultimately abrogated, it remains a critical chapter in Pakistan’s constitutional history. Its emphasis on fundamental rights, federalism, and Islamic principles continues to resonate in Pakistan’s ongoing quest for a stable and inclusive governance system. Understanding the 1956 Constitution provides valuable insights into the political, social, and cultural dynamics that have shaped modern Pakistan.