Constitution & Government — Pakistan Studies STS Notes

Constitutional History

Governing Pakistan Before a Constitution

1947–1956

Pakistan had no constitution at independence. It operated under the Government of India Act 1935 (adapted) as an interim measure. Two Constituent Assemblies laboured to draft a constitution — the first was dismissed in 1954 by Governor-General Ghulam Mohammad in a constitutional crisis.

Interim Law

Government of India Act 1935 (amended) Used from 1947 until first constitution adopted in 1956

1st Constituent Assembly

1947–1954 — dismissed by GG Ghulam Mohammad Constitutional crisis; Maulvi Tamizuddin case followed

2nd Constituent Assembly

1955–1956 — successfully drafted constitution Adopted 23 March 1956

Objectives Resolution

1949 — ideological foundation laid first Guided all three constitutions

⚡ Key fact: Pakistan took 9 years to get its first constitution (1947→1956). India had its constitution by 1950. The delay was caused by political instability, the death of Jinnah (1948) and Liaquat (1951), and the 1954 dismissal of the first Constituent Assembly.

Constitution Comparison

Most-Tested

Pakistan has had three constitutions. The 1956 and 1962 constitutions were both abrogated by military coups. The 1973 Constitution — passed by elected parliament under Zulfikar Ali Bhutto — is the current, living constitution.

Feature	1956	1962	1973 (Current)
Adopted	23 Mar 1956	1 Mar 1962	14 Aug 1973
Government type	Parliamentary	Presidential	Parliamentary (Federal)
Head of Govt	Prime Minister	President	Prime Minister
Legislature	Unicameral	Unicameral	Bicameral (NA + Senate)
State name	Islamic Republic	Republic of Pakistan	Islamic Republic
Abrogated	Oct 1958 — Ayub Khan	Mar 1969 — Yahya Khan	In force (amended 26+ times)
Key feature	First Islamic Republic	Basic Democracies system	18th Amendment (2010) devolution

⚡ MCQ pattern: "Presidential system" = 1962 only. Both 1956 and 1973 are parliamentary. "Islamic Republic" = 1956 and 1973, NOT 1962 (which dropped "Islamic"). The 1973 Constitution was passed unanimously by the National Assembly — a rare moment of consensus.

Martial Law Periods

Pakistan's constitutional development has been repeatedly interrupted by military rule. Each martial law abrogated or suspended the constitution, setting back democratic development.

1st Martial Law — Oct 1958

General Ayub Khan Abrogated 1956 Constitution; ruled until 1969

2nd Martial Law — Mar 1969

General Yahya Khan Abrogated 1962 Constitution; East Pakistan crisis → 1971 war

3rd Martial Law — Jul 1977

General Zia-ul-Haq Suspended 1973 Constitution; hanged Bhutto 1979; ruled until death 1988

4th Martial Law — Oct 1999

General Pervez Musharraf Suspended constitution; ruled until 2008; restored democracy

⚡ The sequence: Ayub (1958) → Yahya (1969) → Zia (1977) → Musharraf (1999). Total: 4 military takeovers. Pakistan has been under direct military rule for roughly 33 of its 77 years. The 1973 Constitution has never been formally abrogated — only suspended and then restored.

The 1973 Constitution

1973 Constitution — Core Features

Current Constitution

Drafted under PM Zulfikar Ali Bhutto and passed unanimously on 10 April 1973, coming into effect on 14 August 1973. It is a federal, parliamentary, Islamic constitution — the first to be passed by an elected legislature rather than a military-backed body.

Islamic Provisions

Islam = state religion (Art. 2) President and PM must be Muslim; Council of Islamic Ideology

Federal Parliamentary

PM heads government; President is ceremonial 4 provinces + ICT + FATA (merged 2018) + AJK + GB

Independent Judiciary

Supreme Court + High Courts Judges appointed by Judicial Commission (post-18th Amend.)

Fundamental Rights

Articles 8–28 — justiciable rights Enforceable by courts; cannot be suspended except Art. 233 emergencies

Most Important Amendments

MCQ Frequent

2nd Amendment (1974)

Ahmadis declared non-Muslim Under Bhutto; most controversial amendment

8th Amendment (1985)

Art. 58(2)(b) — President dissolves assembly Zia legalised his rule; Objectives Resolution made substantive

13th Amendment (1997)

Removed Art. 58(2)(b) Nawaz Sharif stripped President of dismissal power

18th Amendment (2010)

Massive devolution to provinces Abolished concurrent list; restored parliamentary system fully

⚡ 18th Amendment (2010) is the most significant — it: (1) abolished Art. 58(2)(b) again, (2) transferred 47 subjects from federal to provincial, (3) renamed NWFP to Khyber Pakhtunkhwa, (4) restored the constitution to its original 1973 parliamentary spirit. Passed under President Zardari, PM Gilani.

The Executive

President — Constitutional Head of State

Under the 1973 Constitution (post-18th Amendment), the President is largely a ceremonial head of state. Real executive power rests with the Prime Minister and Cabinet. The President must be a Muslim and at least 45 years old.

Election

Elected by Electoral College Members of National Assembly + Senate + 4 Provincial Assemblies

Term

5 years; maximum 2 terms Can be impeached by joint sitting of parliament (2/3 majority)

Key Powers

Assents bills; appoints PM; grants pardons Addresses joint sitting; Commander-in-Chief (nominal)

Must be Muslim

Art. 41(2) — Muslim only Also: PM must be Muslim (Art. 91(3)); both must be adult citizens

Prime Minister — Head of Government

Real Power

The Prime Minister is the head of government and commands real executive authority. The PM must be a member of the National Assembly who commands the confidence of the majority. The Federal Cabinet is collectively responsible to the National Assembly.

Election

Elected by National Assembly majority Leader of the party/coalition with most NA seats

Vote of No Confidence

Removed if majority votes against Art. 95 — must have alternative PM ready (constructive vote)

Federal Cabinet

PM + Federal Ministers + Ministers of State Collectively responsible to National Assembly

Eligibility

Must be Muslim; member of NA Must be sadiq (truthful) and ameen (trustworthy) — Art. 62/63

⚡ Art. 62 & 63 — qualification and disqualification clauses for members of parliament — are heavily used by courts for removing politicians. A PM disqualified under Art. 63 loses their seat and the premiership. Nawaz Sharif was disqualified under Art. 62 in 2017 (Panama Papers case).

The Legislature — Parliament

National Assembly — Lower House

336 Seats

The National Assembly is the lower but more powerful house of Pakistan's bicameral parliament. It controls money bills exclusively, elects the Prime Minister, and can pass votes of no confidence. Its composition was revised by the 25th Amendment (2018) and subsequent changes.

Total Seats

336 seats (post-2024 delimitation) Previously 342; reduced after FATA merger into KPK

Breakdown

266 general + 60 women + 10 non-Muslim Women & minorities seats allocated proportionally to parties

Term

5 years Can be dissolved by President on PM's advice

Exclusive Powers

Money bills; elects PM; confidence votes Senate cannot amend or reject money bills

⚡ Common MCQ error: The NA previously had 342 seats — this figure appears in older textbooks. After the 25th Amendment (2018) merging FATA with KPK and subsequent delimitation, the total shifted. When in doubt, write what your textbook states. The seat distribution formula (general + women + minorities) is what's most tested.

Senate — Upper House

96 Seats

The Senate is the upper house and represents the federating units equally — each of the four provinces gets the same number of seats regardless of population. It is a permanent body that cannot be dissolved. It safeguards provincial rights against majoritarian dominance.

Total Seats

96 seats Previously 100; reduced after FATA merger with KPK

Provincial Equality

Each province: equal representation Punjab's 110 million = Balochistan's 15 million in Senate

Term & Election

6-year term; half elected every 3 years Elected by Provincial Assemblies (indirect election)

Permanent Body

Cannot be dissolved Chairman of Senate = 3rd in line for presidency

⚡ Key distinction: Senate = upper house; permanent, cannot be dissolved; represents provinces equally. National Assembly = lower house; can be dissolved; represents population. Senate cannot reject money bills — NA has supremacy on finance.

How a Bill Becomes Law

Introduction

Bill introduced in NA or Senate Money bills: NA only

Committee Stage

Standing committee reviews and amends Public can submit comments

Both Houses

Passed by simple majority in both Disputes resolved by joint sitting

Presidential Assent

President signs within 10 days If withheld, joint sitting can override by majority

The Judiciary

Supreme Court of Pakistan

Apex Court

The Supreme Court is the highest court in Pakistan and the final arbiter of constitutional questions. It has original, appellate, and advisory jurisdiction. The Chief Justice of Pakistan (CJP) heads the judiciary and is the most senior judge by seniority.

Seat

Islamabad Bench sittings also in Lahore, Karachi, Peshawar, Quetta

Original Jurisdiction

Disputes between federal govt and provinces And between provinces themselves

Appellate Jurisdiction

Appeals from High Courts Also hears appeals in criminal (death sentence) cases

Advisory Jurisdiction

President can refer legal questions SC opinion not binding but carries great weight

Court Structure

4 High Courts

Lahore · Sindh · Peshawar · Quetta Each province has one; Islamabad HC added for ICT

Federal Shariat Court

Reviews laws against Islamic injunctions Created by Zia-ul-Haq; citizens can challenge any law

Anti-Terrorism Courts

Specialised courts for terrorism cases Fast-track proceedings; established under ATA 1997

NAB

Accountability Courts

NAB — National Accountability Bureau Tries corruption cases; highly controversial body

⚡ Judicial Independence: Post-18th Amendment, judges are appointed by the Judicial Commission of Pakistan (headed by CJP) — not the executive alone. This was a major reform to prevent judicial packing. The famous "Lawyers' Movement" (2007–09) restored the judiciary after Musharraf dismissed judges.

Fundamental Rights (Arts. 8–28)

Fundamental Rights — Articles 8–28

Justiciable

Part II of the 1973 Constitution guarantees fundamental rights enforceable by courts. Any law inconsistent with these rights is void to the extent of the inconsistency (Art. 8). Citizens can petition the High Courts (Art. 199) or Supreme Court (Art. 184) directly for enforcement.

Art. 9 — Life & Liberty

No person deprived of life/liberty except by law Basis for habeas corpus petitions

Art. 25 — Equality

All citizens equal before law No discrimination on basis of sex alone

Art. 19 — Free Speech

Freedom of expression Subject to "reasonable restrictions" (security, public order)

Art. 20 — Religion

Freedom to profess and practice religion Minorities protected; subject to law, public order, morality

Art. 25A — Education

Free compulsory education 5–16 years Added by 18th Amendment 2010

Art. 11 — Slavery

Slavery and forced labour prohibited Bonded labour abolished

Art. 23 — Property

Right to acquire, hold, dispose property State can acquire for public purpose with compensation

Art. 18 — Trade

Right to enter any lawful profession or trade Subject to qualifications prescribed by law

⚡ Art. 8 is the "supremacy clause" for rights — any law violating Part II fundamental rights is void. Art. 25A (free education) was added by the 18th Amendment and is highly testable as a new addition. Rights can be suspended under Art. 233 (Proclamation of Emergency) but not Art. 9 (life) and Art. 14 (dignity).

Principles of Policy — Aspirational Goals

Distinct from Fundamental Rights, the Principles of Policy (Arts. 29–40) are non-justiciable aspirational goals — the state should strive for them but courts cannot force the state to implement them. They include welfare, education, health, and Islamic principles.

Not Enforceable in Court

Unlike Fundamental Rights Non-justiciable — political, not legal, obligations

Key Principles

Provide basic necessities; eliminate riba (interest) Promote local government; Islamic way of life

President's Report

Annual report to parliament on progress Art. 29(3) — accountability mechanism

MCQ Distinction

Rights = justiciable; Policy = non-justiciable This distinction is almost always tested

Federal vs Provincial Relations

Division of Powers — 4th Schedule

The 4th Schedule divides legislative powers between the federation and provinces. Originally there were two lists (Federal and Concurrent). The 18th Amendment (2010) abolished the Concurrent List, transferring 47 subjects to provincial control.

Federal List

Defence, foreign affairs, currency, atomic energy Communications, ports, railways — federal only

Provincial Subjects (post-18th)

Education, health, agriculture, local govt Environment, labour, social welfare — now provincial

Concurrent List — Abolished

18th Amendment 2010 removed it 47 subjects transferred to provinces

Residual Powers

Go to provinces (not federation) Unlike India where residual powers rest with centre

⚡ Pakistan vs India distinction: In Pakistan, residual legislative powers go to provinces. In India, residual powers go to the centre. This is a common comparative MCQ.

CCI & Inter-Provincial Bodies

The Council of Common Interests (CCI) is the key constitutional body for managing federal–provincial relations. Chaired by the Prime Minister, it includes the four Chief Ministers and is mandated to meet at least once every 90 days.

Composition

PM (Chair) + 4 Chief Ministers Federal ministers may attend; decisions by consensus

Functions

Formulates & regulates policies on shared matters Water, electricity, gas — Part II Federal List items

NFC Award

National Finance Commission — revenue sharing Formula: population (82%), poverty (10.3%), revenue (5%), inverse pop. density (2.7%)

IRSA

Indus River System Authority Apportions river water between provinces under 1991 Water Apportionment Accord

⚡ NFC Award is tested frequently — it determines what share of federal tax revenue each province receives. Punjab gets ~51.7%, Sindh ~24.6%, KPK ~14.6%, Balochistan ~9.1% — with a 1% additional share for KPK as war-on-terror compensation.

Provincial Governments

Governor

Presidential appointee; ceremonial head Gives assent to provincial bills

Chief Minister

Head of provincial government; real power Must command majority in Provincial Assembly

Provincial Assembly

Unicameral; 5-year term Punjab: 371 seats (largest) · Balochistan: 65 seats (smallest)

Local Government

Art. 140A — mandatory local bodies 18th Amendment made LG a provincial subject; structure varies by province

Quick Fire — Self Test

Which Act governed Pakistan between 1947 and 1956 before its first constitution?
Government of India Act 1935 (amended)
When was Pakistan's first constitution adopted and who abrogated it?
23 March 1956; abrogated Oct 1958 by Ayub Khan
Which constitution introduced the presidential system in Pakistan?
1962 Constitution (Ayub Khan)
Which constitution dropped the word "Islamic" from Pakistan's name?
1962 Constitution — called "Republic of Pakistan"
The 1973 Constitution came into effect on which date?
14 August 1973
Which amendment made Art. 58(2)(b) — presidential dismissal power — and later which removed it?
8th Amendment (1985) added it; 13th Amendment (1997) removed it
How is the President of Pakistan elected?
Electoral College: NA + Senate + 4 Provincial Assemblies
What is the President's term and maximum terms allowed?
5 years; maximum 2 terms
Under which articles must the PM and President be Muslim?
President: Art. 41(2); Prime Minister: Art. 91(3)
How many seats does the National Assembly have and what is the breakdown?
336 total: 266 general + 60 women + 10 non-Muslim
How many seats does the Senate have and how long is a senator's term?
96 seats; 6-year term (half elected every 3 years)
Can the Senate be dissolved? Can it reject money bills?
No to both — permanent body; no power over money bills
Name the four High Courts and the province each serves.
Lahore HC (Punjab), Sindh HC, Peshawar HC (KPK), Quetta HC (Balochistan)
What is the Federal Shariat Court and who created it?
Reviews laws against Islamic injunctions; created by Zia-ul-Haq
Under which article can fundamental rights NOT be suspended even during emergency?
Art. 9 (life & liberty) and Art. 14 (dignity) remain inviolable
Which article guarantees free compulsory education and when was it added?
Art. 25A — 18th Amendment 2010; ages 5–16
What is the key difference between Fundamental Rights and Principles of Policy?
Fundamental Rights = justiciable (courts enforce); Principles of Policy = non-justiciable (aspirational)
What did the 18th Amendment do to the Concurrent Legislative List?
Abolished it — transferred 47 subjects to provinces
Who chairs the Council of Common Interests (CCI)?
Prime Minister; includes 4 Chief Ministers
In Pakistan, where do residual legislative powers rest — federation or provinces?
Provinces (opposite of India where residual powers rest with the centre)