B. Constitution of 1956
The Constitution of Pakistan 1956 was the first constitution of Pakistan. It was adopted on 29 February 1956 by the Constituent Assembly and came into force on 23 March 1956. With the enforcement of this constitution, Pakistan officially became an Islamic Republic, and the position of Governor General was replaced by the office of the President.
After independence in 1947, Pakistan was governed under the Government of India Act 1935 as an interim constitutional arrangement. The Constituent Assembly worked for several years to prepare a permanent constitution for the country. After long debates and discussions, the Constitution of 1956 was finally approved and implemented.
Following the adoption of the Objectives Resolution, the leaders of Pakistan began the process of framing a constitution based on the principles outlined in that resolution. However, the process faced many political disagreements and delays, particularly regarding representation between the eastern and western wings of the country.
At that time, Pakistan consisted of two geographically separated regions: East Pakistan and West Pakistan. The issue of political representation between these two regions created difficulties in reaching a constitutional agreement. Eventually, a compromise formula known as parity was adopted, which gave equal representation to both wings in the central legislature.
After years of constitutional work, the Constituent Assembly successfully prepared the first constitution of the country in 1956.
One of the most important features of the constitution was that it declared Pakistan an Islamic Republic. The country was officially named the Islamic Republic of Pakistan. This provision reflected the Islamic ideological basis of the state.
The constitution introduced a parliamentary system of government. In this system, the Prime Minister was the head of government and exercised executive authority, while the President served as the ceremonial head of state.
The Prime Minister and the cabinet were responsible to the national legislature and were required to maintain the confidence of the parliament.
The Constitution of 1956 established a federal system of government. Powers were divided between the central government and the provinces. This arrangement was designed to maintain national unity while allowing provincial autonomy.
The constitution created a unicameral legislature, meaning there was only one house of parliament known as the National Assembly. The members of the assembly were elected to represent the people and were responsible for making laws.
To address political tensions, the constitution introduced the principle of parity, which provided equal representation to East Pakistan and West Pakistan in the National Assembly, despite the fact that East Pakistan had a larger population.
The constitution guaranteed several fundamental rights to citizens. These included:
Freedom of speech
Freedom of religion
Equality before law
Protection of life and property
Freedom of association and movement
These rights were intended to ensure justice, equality, and protection for all citizens.
The constitution included several Islamic provisions to ensure that laws and policies would be consistent with Islamic teachings. It declared that no law would be made that was contrary to the principles of Islam.
It also provided that Muslims would be enabled to live their lives according to the teachings of Islam as given in the Qur'an and Sunnah.
The constitution recognized Urdu and Bengali as the national languages of Pakistan. This decision reflected the linguistic realities of the country at that time.
The Constitution of 1956 ensured the independence of the judiciary. Courts were given the authority to interpret the constitution and ensure that laws were consistent with constitutional principles.
When the constitution came into force on 23 March 1956, Iskander Mirza, who had previously served as Governor General, became the first President of Pakistan under the new constitutional system.
This marked an important milestone in the constitutional development of the country, as Pakistan transitioned from a dominion under British constitutional arrangements to a fully independent republic with its own constitution.
Despite its significance, the Constitution of 1956 remained in force for a short period. On 7 October 1958, Iskander Mirza abrogated the constitution and declared martial law in the country. Shortly afterward, power was taken over by Muhammad Ayub Khan, and the constitutional system was suspended.
As a result, the first constitution of Pakistan lasted for only about two and a half years.
The Constitution of 1956 was the first formal constitutional framework of Pakistan. It established the country as an Islamic republic, introduced a parliamentary form of government, guaranteed fundamental rights, and defined the structure of the federal state. Although it remained in force for a short time, it played an important role in the early constitutional and political development of Pakistan.