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Outline:
• Background
• Salient Features Of Constitution Of 1956
i) Preamble
ii) Written Constitution
iii) Semi-rigid Constitution
iv) Federal System
v) Unicameral Legislature
vi) Parliamentary System
vii) Independent Judiciary
viii) Basic Rights
ix) National Language
x) Islamic Provisions Of The Constitution Of 1956
• Critical Analysis/Drawbacks Of The constitution
• Causes Of The Failure Of The Constitution
Background:
i) Preamble:
Objective Resolution was made a part of the constitution of 1956 which declared that the all
sovereignty belonged to Allah.
The Constitution of 1956 was a written document. It consisted of 234 Articles, 13 Parts and
6 Schedules.
The constitution could be amended through a process requiring the amendment to be passed by at least
a two-thirds majority of the parliament. However, the president had the right to veto the draft. Which
then could be overridden by 2/3rd parliamentary majority.
The Constitution of 1956 provided a federal system in the country which consisted of the
following institutions:
a) The President
b) The Government
c) The Parliament
a) President:
According to the constitution of 1956, President was the head of the State. He was a
Muslim, of above 40yrs of age, who was elected by the National Assembly and all the four
provincial assemblies by a majority vote for a period of five years. The president was
required by the constitution ‘to act in accordance with the advice of the cabinet’ He enjoyed
the following powers:
• He was authorized to promulgate ordinance during the period when the National Assembly
was not in session.
• He was authorized to reduce or condone the punishment given by the Courts.
• He could declare emergency in the country + suspend prov. govt.
b) Federal Government:
1956 constitution embodied all the characteristics of a federation- Written constitution +
dual polity +distribution of powers between center and provinces + supreme court
Three lists- 1) Federal list 30 subjects 2) provincial list 94 subjects 3) concurrent list 19 4)
residuary powers given to provinces
CJP was assigned an imp role- to settle disputes between fed govt and one or both prov
govts or between two prov govts
There was also a provision for Inter provincial council IPC
No provision whereby the federal legislature could make laws in any provincial matters on
the grounds of national interest
But, NA could legislate on any matter if prov legislature authorized it + in case of
emergency NA was empowered to make laws for a province.
c) The Parliament:
The constitution of 1956 provided a unicameral legislature called the National Assembly
which consisted of 300 members. Out of these, 150 members were elected from East
Pakistan and 150 from West Pakistan. It enjoyed full authority over the federal list of
subjects. It was compulsory to call two sessions of the assembly in a year one to be held in
Decca while the other was to be convened in Karachi.
v) Independence Of Judiciary:
The Supreme Court was the highest court of the country. It not only heard appeals from the
Lower Courts but also interpreted the Constitution at the request of Federal or the Provincial
authorities. Similarly, two High Courts were established in Decca and Karachi. Judges of
these courts were appointed by the President of Pakistan in consultation with the CJ. CJ to
be appointed by the president.
The Constitution of 1956 provided the following Basic Rights to Its people irrespective of
religion, caste or creeds.
Both Urdu and Bengali were grated the status of national languages. However, it was
decided that English would be the official language for 25 years.
b) The Objective Resolution was made a part of it which declared that Sovereignty of the
universe belonged to Almighty Allah.
c) According to Article 32, the President of Pakistan would be a Muslim and of 40 years of
age.
d) Article 18, provided that the all citizens would be free to profess and practice their
religion.
e) The constitution put a ban on liquor, gambling and prostitution.
f) According to Article 198, no un-Islamic law would be enacted in Pakistan.
Whether a law was repugnant to Islam or not, would be decided by the National
Assembly.
g) The state should endeavor to strengthen the bonds of unity among Muslim countries.
h) The president should set up an organization for Islamic research and instruction in
advanced studies to assist in the reconstruction of Muslims society on a truly Islamic basis.
i) Teaching of the Quran was to be made compulsory for Muslims.
J) No person should be compelled to pay any special tax, the proceeds of which were to be
spent on the propagation of any religion than his own.
The Constitution of 1956 was a great achievement but it was also criticized for its some
flaws. We can pinpoint some of them as following:
In the absence of the President, the speaker of the National assembly might be acting
president and a speaker might be a non-Muslim. In other words, Head of the state could be
a non-Muslim.
According to the Constitution, the authority was delegated to the people of Pakistan and the
people of Pakistan could be Muslims and non-Muslims.
Interpretation of the Quran and Sunnah was referred to the legislature rather than
theologians. Hussain Shaheed Suharwardi said,” you are deluding the people by calling it an
Islamic State.”
The people of East Pakistan were not happy with this constitution because they were
demanding their share in the government according to their population because their
population was more than that of West Pakistan. Moreover, they were demanding to declare
the religion of the State as Islam. But the rulers of the day were not inclined to do. General
Iskander Mirza said, “We cannot run wild on Islam.” So these controversies gave rise
political and constitutional problems in the country and ultimately paved the way for military
intervention.
The Constitution of 1956 was abrogated in 1958. The causes of its failure were as under:
a) The multi-party system was one of the main causes of its failure.
b) General elections were not held up to 1956. Consequently, the parliamentary system did
not strike roots in country.
c) The politicians were insincere and preferred their personal interests over national
interests.
d) The eleven-year period from 1947 to 1958 was a period of political instability which
witnessed the rise and fall of nine prime ministers. These circumstances were not conducive
to democracy which was a hallmark of the constitution of 1956.
g) In the early fifties, the political, geographical, military and administrative problems of
Pakistan brought economic depression in the country. These circumstances led to
unemployment, bribery, hoarding and dearness. The politicians exploited the situation at
the cost of democratic values. Thus, people lost faith in the constitution of 1956.
h) At the time of Independence, Pakistan did not inherit any constitutional traditions
because it had yet to frame its own constitution which suited its particular Islamic and
democratic requirements. As an interim arrangement, the government Of India Act, 1935
was enforced with certain amendments. Subsequently, the First Constituent Assembly took
nine years to give to the country its first constitution in 1956. The selfish politicians did not
miss any opportunity to damage the image of democracy. The ministries continued to fall
like nine pins even after the enforcement of the constitution of 1956. These circumstances
convinced the military regimes that the Constitution of 1956 was incapable of meeting the
challenges of the day.