The Constitution of 1956

By
Marzan Bintey Kamal
Background:
The constitution of Pakistan was the fundamental law of Pakistan
from March 1956 until the revolution of October 1958. Since the
very first beginning after the birth of Pakistan it had been an
abnormal state. Pakistan was in badly need of a constitution. But it
took 9 years for Pakistan to frame a constitution. The first constituent
assembly of Pakistan had nearly finished its task of framing the first
constitution back in 1954. But it had been dissolved on the ground
that it had lost the confidence of the people. An interim constitution
had been activated following the provisions of India Act, 1935. The
framers of the constitution of 1956 had to adopt some of the articles
of the interim constitution. The constitution contained 234 articles,
divided into 13 parts and 6 schedules.
Nature of the Constitution:
The framers of the constitution were in trouble as they were not
given any idea whether the constitution would be short and flexible
or lengthy and rigid. So the framers could not determine the exact
character of the constitution.
Pakistan had been declared as an Islamic Republic wherein the
principles of democracy, tolerance, freedom as enunciated by Islam
will be fully observed. The Muslims of Pakistan wanted to endorse
the Islamic views. Even in 1949 Liaquat Ali Khan urged that
Pakistan had been founded because the Muslims of the sub-
continent wanted to build up their lives in accordance with teachings
and traditions of Islam. But by opposing it, the minorities gave
divergent views about the framing of the constitution. So, basically
people wanted an Islamic constitution. Conflicts broke out between
the ulemas and the intellectuals on the definition of Islamic
According to the ulemas Islamic law is sufficient for everyone. It
merely requires any interpretation by those who are experts in it. But
the framers could not accept such a narrow concept of the ulemas.
So basically the framers tried to produce a synthesis of modern
thoughts and Islamic features. The Islamic laws were general and the
main laws were secular. The identification with Islam in this
constitution begins with a preamble “in the name of Allah”.
Some of the articles in this constitution were –
People should build up their lives in accordance with the teachings
of Islam.
The teachings of Quran should be made compulsory.
Any law that does not go with the Islamic teachings will not be
implemented.
But the Islamic laws will not be imposed on the non-Muslims. No one
will be judged on the basis of religion, race and origin. The
constitution exhibits all the characteristics of a federation. There
should be parity between the representatives of the two wings of
Pakistan.
Salient Features of the Constitution:
Islamic Republic of Pakistan:
The name of the country in this constitution was adopted as the
Islamic Republic of Pakistan. The Objectives Resolution was
included as Preamble in the constitution.
Federal System:
The constitution provide for a federal system in the country. The
powers were divided among the centre and the provinces.
Unicameral Legislature:
The legislature was to consist of only one house. Both the wings of
the country were given representation in the National Assembly. The
National Assembly consisted of 300 members. 150 members were
drawn from each wing.
Parliamentary System:
Parliamentary system was adopted. According to this system President
was the head of the state and the Prime Minister headed the
government.
Independent Judiciary:
The constitution provided for an independent judiciary in the country.
The chief justice will be the head of the supreme court.
The President:
The President will be the head of the state. He has to be a Muslim. The
tenure of his office will be five years. If needed he can declare the
state of emergency in the country. He will appoint the Governors, the
Judges of the Supreme Court, Auditor General and the Advocate
General.
The Prime Minister:
The Prime Minister was the head of the Government. He should be
elected by the people. He is authorized to nominate his cabinet among
the members of the National Assembly.
 Ministers:
Ministers can be taken outside the National Assembly.
 Fundamental Rights:
Fundamental rights will be enjoyed by the people of all walks.
Democratic rights and freedoms such as freedom of speech and
expression will be ensured.
 Islamic Law:
Any law that does not go with the teachings of Islam will not be
implemented.
 Language:
Bangla and Urdu will be the official language of Pakistan. English is
to continue as an official language.
Amendment:
It is a written but flexible constitution.