Wednesday, June 12, 2013

How can I learn about the three constitutions of Pakistan (i.e:1956,1962 and 1973)?

Pakistan had three constitution starting with the 1956 constitution then one in 1962 and 1973. The first Constituent Assembly of Pakistan was created by the Independence Act and they were responsible for making a constitution for Pakistan. Chaudhry Muhammad Ali was the Prime Minister then, and it was him and his team that developed the constitution of Pakistan. These efforts led to the first constitution being in effect on March 23, 1956. As a result...

Pakistan had three constitution starting with the 1956 constitution then one in 1962 and 1973. The first Constituent Assembly of Pakistan was created by the Independence Act and they were responsible for making a constitution for Pakistan. Chaudhry Muhammad Ali was the Prime Minister then, and it was him and his team that developed the constitution of Pakistan. These efforts led to the first constitution being in effect on March 23, 1956. As a result Pakistan was no longer a dominion and was instead declared the Islāmic Republic of Pakistan. One main part of the Constitution was that its character was Islāmic. The president was required to be a Muslim who was at least 40 years old. He was charged with creating an organization that researched Islam so that they could form a true Islāmic society. The President of Pakistan was able to appoint a Prime Minister from the pool of members in the National Assembly. The Constitution of 1956 set up a parliamentary form of government that had a unicameral legislature. It recognized the idea of One Unit but also set up the seats so that they were divided between the two wings of the country. Direct elections were set up and those who were citizens of Pakistan and 21 or older were allowed to vote. This constitution did not hold up for long-lasting only two years. On October 7, 1958 President Iskander Mirza staged a coup which resulted in martial law being enforced and the constitution being done away with.


In 1962 another constitution was formed, it set up a federal system that had East and West Pakistan running separate provincial governments. This constitution stated that the President was the head of State and government. He had to be at least 35 and was not allowed to stay in the position for more that two consecutive five-year terms. The President was able to appoint Governors, Ministers, Chairmen and Advocate General. Basic Democracy was also introduced for the first time in Pakistan and there was a system of indirect elections. The Constitution of 1962 did not separate the Legislative and Executive parts of the government. Islāmic clauses were also in the Constitution, these were not allowed to be challenged in any court of law. When power was handed over to Yahya Khan, he enforced martial law and on March 25, 1969 the constitution was no longer in effect.


In 1973 the Bhutto Government made its first achievement by institution a new constitution. On April 10, 1973 the National Assembly approved the constitution which went into effect on August 14th of that year. Bhutto was made the Prime Minister of Pakistan and Fazal Ilahi Chaudhry was appointed to the office of President. The constitution was in nature parliamentary. It stated that the President was the Head of State while the Prime Minister was the Head of Government. The Prime Minister had to be elected by the majority of the members of the National Assembly. The President had to be above 45, a Muslim, and needed to be elected by the members of the Parliament. He was allowed to be re-elected but was not allowed to hold the office for more than two terms. The government was now a bicameral legislature with the center being the National Assembly and the Senate. The Constitution also set up a free and independent Judiciary. It also guaranteed that the citizens be protected by the law and in return the citizens had to be loyal and obedient. The Constitution of 1973 was more Islāmic that the ones that came before, it made Islam the state religion and it made all previously existing laws conform to Islam. This constitution was in play for almost four years, but was suspended by General Muhammad Zia-ul-Haq on July 5, 1979.

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