The Constitutional History Or Constitutional Development Of Pakistan 1947 To 2023

The Constitutional History Or Constitutional Development Of Pakistan 1947 To 2023

Introduction 

 The constitutional development of Pakistan has been a complex and ongoing process since the country's independence in 1947.

The initial years of Pakistan's independence saw the country being governed by the Government of India Act 1935, which served as the interim constitution until 1956. This act provided the framework for the government, including the division of powers between the federal government and the provinces. However, it did not fully reflect the aspirations of the people of Pakistan and was criticized for being a colonial legacy.

Consitution Of Pakistan 1956

In 1956, the first constitution of Pakistan was adopted, which established a federal parliamentary democracy. This constitution provided for a bicameral legislature with a National Assembly and a Senate, a Prime Minister as the head of government, and a President as the head of state. It also recognized the rights of ethnic and linguistic minorities and provided for the independence of the judiciary. However, this constitution was short-lived as it was abrogated by the civilian  government of Sikandar Mirza Before Military coup up of General Ayoub Khan, in 1958.

Constitution Of Pakistan 1962

During the period of military rule from 1958 to 1971, Pakistan was governed by various legal frameworks, including the Constitution of 1962, which introduced a presidential system of government. This constitution concentrated power in the hands of the President and greatly reduced the role of the Prime Minister and the parliament. It also introduced the concept of "basic democracy" which aimed to bring the government closer to the people by giving them a direct say in the selection of local government representatives.

Constitution Of Pakistan 1971

In 1971, after the war with India and the subsequent break-up of Pakistan, a new constitution was adopted in 1973. This constitution was passed by a democratically elected National Assembly and was a landmark in the constitutional development of Pakistan. It restored the parliamentary system of government, with a Prime Minister as the head of government and a President as the head of state. It also recognized the rights of ethnic and linguistic minorities, and provided for the separation of powers between the judiciary, legislature, and executive branches of government. It also provided for the establishment of the Council of Islamic Ideology to advise the legislature on the compatibility of laws with Islamic principles.

Amendments In 1973 Constitution

However, the constitution was amended by military governments several times, most notably by General Zia-ul-Haq in 1985, which introduced the controversial concept of Islamization. The amendment introduced a number of Islamic provisions into the constitution, including the declaration of the Objectives Resolution as a preamble to the constitution and the establishment of the Federal Shariat Court.

18th Amendment in 1973 Constitution 

In 2010, 18th Constitutional Amendment was passed by the parliament which was aimed to strengthen the federation by transferring several powers from the central government to the provinces, as well as by reducing the powers of the President. The amendment also included several progressive measures such as the renaming of the North-West Frontier Province to Khyber Pakhtunkhwa and the merger of the Federally Administered Tribal Areas with Khyber Pakhtunkhwa province.

Recent Development 

In recent years, there have been calls for further constitutional reform to address issues such as minority rights, corruption, and the need for a more effective system of governance. However, no major changes have been made to the constitution since 2010.

Concluding Remarks

Overall, the constitutional development of Pakistan has been marked by a tension between the desire for democracy and the reality of military intervention in politics. Despite this, the constitution has been amended and reformed over the years to reflect the changing political and social realities of the country, and it continues to evolve to meet the needs of the people of Pakistan.