Constitution of Pakistan: Overview
The Constitution of Pakistan (Āīn-ē-Pākistān), commonly referred to as the 1973 Constitution, stands as the ultimate legal authority in Pakistan. As the supreme law, this foundational document shapes Pakistan’s legal, political, and cultural framework. It details the structure of the state, defines citizens’ fundamental rights, and establishes the framework for Pakistan’s armed forces and state institutions. Drafted under Prime Minister Zulfikar Ali Bhutto with collaboration from opposition parties, the constitution was unanimously passed by the 5th Parliament on April 10, 1973, and officially enacted on August 14, 1973.
Structure and Main Features
The constitution is designed to outline the roles and responsibilities of the government’s three branches: a bicameral legislature, an executive branch headed by the Prime Minister, and a judiciary led by the Supreme Court. Under its structure, the President of Pakistan serves as the ceremonial head of state, symbolizing national unity. The first six articles confirm Pakistan as a federal parliamentary republic with Islam as the state religion. The constitution further mandates that the country’s legal system adhere to the teachings of Islam as presented in the Quran and Sunnah.
Constitutional Limitations and Amendments
The Constitution restricts the Parliament from enacting laws that contradict or undermine its provisions. However, amendments to the Constitution may be made with a two-thirds majority in both houses of Parliament, distinguishing it from the previous constitutions of 1956 and 1962. Since its enactment in 1973, the constitution has undergone several amendments, reflecting shifts in political and social needs. Though the constitution was established in 1973, Pakistan annually observes Republic Day on March 23, commemorating the original 1956 constitution. As of today, the constitution is among the longest in the world, with a word count of approximately 56,240 words.
Origins and Vision
The vision for a democratic Pakistan that respected Islamic principles was first voiced by Pakistan’s founder, Muhammad Ali Jinnah, in 1948. In a radio address, Jinnah expressed his hope for a constitution grounded in democracy and inspired by Islamic values such as justice, equality, and fair play. This commitment to Islamic ideals was intended to guide Pakistan’s constitution framers, underscoring the enduring values of democracy and social justice.
Early Constitutional Developments (1947–1973)
Initial Period as a Dominion
Upon its creation in 1947, Pakistan was a Dominion within the British Commonwealth, with the British monarch serving as head of state. In March 1949, the Constituent Assembly of Pakistan passed the Objectives Resolution to outline the basic principles of the future state, recognizing the sovereignty of Allah and laying a foundation for democratic governance based on Islamic principles. This document would later serve as the preamble for each subsequent Pakistani constitution.
First Constitution: The 1956 Constitution
In 1956, Pakistan officially became a republic with the adoption of its first constitution. However, this constitution was short-lived, as a military coup in 1958 led to its abrogation.
Second Constitution: The 1962 Constitution
The second constitution, introduced in 1962, established a presidential system, abolishing the office of the Prime Minister and granting executive powers to the President. This constitution institutionalized the military’s role in governance, requiring the President or Defense Minister to be a former high-ranking military officer. This constitution was suspended in 1969 and formally annulled in 1972.
The 1973 Constitution and Parliamentary Democracy
Unlike previous versions, the 1973 Constitution was crafted by elected representatives and established a parliamentary system where executive power was centralized in the office of the Prime Minister. The President, while officially head of state, was to act primarily on the Prime Minister’s advice. The Constitution required all laws to align with Islamic teachings, leading to the creation of institutions like the Shariat Court and the Council of Islamic Ideology to guide Islamic law implementation.
Political Changes and Constitutional Amendments
The Constitution experienced several changes following the 1977 military coup. It was suspended and later “restored” in 1985 with significant amendments, such as the Eighth Amendment, which transferred powers from Parliament and the Prime Minister to the President. This shift continued with the Seventeenth Amendment in 2004. However, the Eighteenth Amendment in 2010 returned Pakistan to a parliamentary system, diminishing the President’s powers in favor of the Prime Minister and the legislature.