The Constitution of 1956

Introduction After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, Pakistan’s status as a dominion ended and the country was declared an Islamic Republic of Pakistan. There upon the Constituent Assembly of Pakistan became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President of Pakistan.

Cont… The Constitution of 1956 consisted of 234 articles, which were divided into 13 parts and 6 schedules. Hence it was the lengthiest constitutions of world as it regulated the activity of jurisdiction of not only the central government but also those of provincial government.

Provisions The Constitution of 1956 provided for federal system with the principle of parity between East Pakistan and West Pakistan. The Constitution of 1956 provided for the parliamentary form of government, where real executive authority was vested in a cabinet, collectively responsible to the legislature. The cabinet was presided over by the Prime Minister. The Constitution declared that there would be only one house of parliament known as the National Assembly and equality between the two Wings (i.e. East Pakistan and West Pakistan) was maintained in it. The Governor General was replaced by a President, who was to be elected by the Electoral College of Pakistan composed of members of the National Assembly and Provincial Assembly.

Cont… Familiar democratic rights and freedoms such as freedom of speech and expression, of assembly and association, of movement and of profession were all provided in the Constitution, with the usual qualifications. With regards to civil rights, familiar rights such as rights of life, liberty and property were granted, again with the usual qualifications and safeguards. The judiciary was given power to enforce the fundamental rights and the courts were to decide if a law was repugnant to any provisions of the fundamental rights. As per the Constitution, Urdu and Bengali were made national languages.

Salient Features Written Constitution - This is a written and lengthy document. Rigid Constitution - The constitution could only be amended through a process requiring the amendment to be passed by at least a two-thirds majority of the parliament and authentication by the President. Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of Pakistan. Objectives Resolution - The objective resolution was included as permeable by the constitution.

Cont… Federal System - The constitution provides for a federal system in the country. Powers was divided between the centre and the provinces. The subjects were divided into three lists; The Federal List, The Provincial List, and the Concurrent List. Federal List contained 30 subjects, the Provincial 94 an Concurrent List only 19 subjects enumerated. Unicameral Legislature - The legislature would consist of a single 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 - a parliamentary system was adopted, according to it the president was the head of state and the Prime Minister the head of government

Cont… The President - required to be a Muslim of at least forty years of age. The tenure of his office was five years. In case of internal or external danger he could declare a state of emergency in the country. He was authorized to appoint the Governors, the Judges of the Supreme Court, Auditor General and the Advocate General. The Prime Minister - He was to be the leader of the Parliamentary group and was thus indirectly elected by the people. He could choose his cabinet from the members of the National Assembly; the cabinet was answerable to the Assembly. Provincial Autonomy - Curtailed in the constitution to a great extent

Cont… Islamic Law - no law would be passed against the teachings of the Quran and Sunnah. Free Judiciary - An independent judiciary in the country. A Supreme Court interpreted the constitution, advised the state whenever required, and decided the issues whenever required. Fundamental Rights - included freedom of movement, freedom of speech and expression, freedom to choose profession and freedom to profess religion. Right to life, liberty, and property. Language - Urdu & Bengali were made national languages.UrduBengali

Islamic Provisions Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of Pakistan. Objectives Resolution - Included as preamble to the constitution. Islamic Law - No Law would be passed against the teachings of the Quran and Sunnah, and existing laws would be made Islamic in character. Muslim President - a requirement. Religious Freedom - Freedom to profess, practice and propagate any religion and the right to establish, maintain and manage religious institutions. Teachings of the Holy Quran - Were to be made compulsory for all Muslims

Cont… Life According to the Holy Quran and Sunnah- According to the directive principles, steps were to be taken to enable the Muslims of Pakistan individually and collectively to order their lives in accordance with the Holy Quran and Sunnah. Slavery and forced labor were prohibited. Alcohol and narcotics - sale was banned and were prohibited Prostitution - was prohibited Special tax - No person should be compelled to pay any special tax whose proceeds were to be spent on the propagation of any religion other than the person's own.

Cont… Unity among Muslim countries - States were required to strengthen the bonds of Muslims. Organization for Islamic Research and Instructions - The president was required to set up an organization for Islamic Research and Instruction in advanced studies to assist in the reconstruction of Muslim society on a true Islamic basis.

Drawbacks of the Constitution of 1956 A far-reaching devolution of power already a political reality, was not given a constitutional recognition and accepted as the basis of the state. The federal list was substantially reduced and the provincial list greatly enlarged, transferring to the provinces, among other things, control over mineral resources, recruitment of services, industries, internal communications and the tribal areas in the North West Frontier. This was contrary to the practice of advanced countries where the deferral principle has been used in building up a common nationhood through a strong centre.

Cont… The constitution in Pakistan instead of being an instrument for unity a country already divided by geography, sought to create two distinct political entities with maximum autonomy in the management of their affairs. Regional loyalties were further consolidated by the introduction of parity of representation the National Assembly. The constitution was concerned in the belief that the political life of the country would always be tied to provincial moorings and will never rise a higher plane of nationalism in which party affiliations would cut across the physical barriers. Parity 'was certain to foster parochial feeling equally in the region in whose favor it was to operate and in the region whose interests were adversely affected by it.