Pakistan Constitutional History (1947–1958)
Early Constitutional Development
- First Constituent Assembly met on 10 August 1947.
- Pakistan’s first constitution was enforced on 23 March 1956.
- Pakistan took 9 years to frame its first constitution.
- India enforced its constitution on 26 January 1950.
- The first Constituent Assembly functioned as both constitution-making body and federal legislature.
- Deaths of Quaid-e-Azam (1948) and Liaquat Ali Khan (1951) delayed constitution-making.
Objectives Resolution (1949)
- Objectives Resolution was passed on 12 March 1949.
- Objectives Resolution was presented by Liaquat Ali Khan.
- It declared that sovereignty belongs to Almighty Allah.
- Objectives Resolution promised democracy, equality, freedom, tolerance, and social justice.
- It guaranteed fundamental rights and independence of judiciary.
- Opposition to the Objectives Resolution came mainly from Pakistan National Congress and non-Muslim members.
- S.C. Chattopadhyaya called minorities “drawers of water and hewers of wood.”
Basic Principles Committee (BPC)
- Basic Principles Committee was headed by Liaquat Ali Khan.
- First BPC Report was presented on 28 September 1950.
- The first BPC Report proposed a bicameral legislature.
- Upper House was called the House of Units.
- Lower House was called the House of People.
- First BPC Report declared Urdu as the only national language.
- East Pakistan opposed the first report due to representation and language issues.
Second BPC Report (1952)
- Second BPC Report was presented on 22 December 1952.
- It was presented during the premiership of Khwaja Nazimuddin.
- It introduced the principle of parity between East and West Pakistan.
- House of Units was allotted 120 seats (60 East, 60 West).
- House of People was allotted 400 seats (200 East, 200 West).
- Head of State was required to be a Muslim.
- The proposed Board of Ulama was heavily criticized.
Muhammad Ali Bogra Formula (1953)
- Muhammad Ali Bogra became Prime Minister on 17 April 1953.
- Bogra Formula was presented on 7 October 1953.
- Bogra Formula attempted to solve the representation deadlock.
- Total seats in central legislature under Bogra Formula were 350.
- East Pakistan received 175 seats in the central legislature.
- West Pakistan received 175 seats in the central legislature.
- Upper House consisted of 50 seats.
- Lower House consisted of 300 seats.
- Bogra Formula maintained parity between East and West Pakistan.
- It granted equal powers to both Houses.
- It recognized Urdu and Bengali as official languages.
Dissolution of First Constituent Assembly
- First Constituent Assembly was dissolved on 24 October 1954.
- It was dissolved by Governor-General Malik Ghulam Muhammad.
- The case challenging dissolution was known as Maulvi Tamizuddin Case.
- Sindh Chief Court declared the dissolution illegal.
- Supreme Court ultimately upheld the Governor-General’s action.
Second Constituent Assembly (1955)
- Second Constituent Assembly was formed in 1955.
- It consisted of 80 members.
- Prime Minister responsible for final constitutional work was Chaudhri Muhammad Ali.
- One Unit Scheme was introduced on 30 September 1955.
- One Unit merged all provinces and states of West Pakistan into one province.
- Purpose of One Unit was to establish parity with East Pakistan.
Constitution of 1956
- Constitution was approved on 29 January 1956.
- Constitution came into force on 23 March 1956.
- Pakistan became the Islamic Republic of Pakistan under the 1956 Constitution.
- The 1956 Constitution established a parliamentary system.
- Legislature under the 1956 Constitution was unicameral.
- National Assembly had 300 members.
- East Pakistan had 150 seats in the National Assembly.
- West Pakistan had 150 seats in the National Assembly.
- 10 seats were reserved for women.
- President had to be a Muslim and at least 40 years old.
- President’s term was 5 years.
- Prime Minister was the real executive authority.
- Cabinet was collectively responsible to the National Assembly.
- The judiciary was declared independent.
- Supreme Court possessed original and appellate jurisdiction.
End of the 1956 Constitution
- President Iskander Mirza abrogated the Constitution on 7/8 October 1958.
- Martial Law was imposed on 8 October 1958.
- Pakistan’s first Martial Law was imposed in 1958.
- General Ayub Khan was the first Chief Martial Law Administrator.
- Ayub Khan removed Iskander Mirza on 27 October 1958.
- Ayub Khan became Pakistan’s Head of State in 1958.
Most Repeated MCQs
- Objectives Resolution → 12 March 1949
- First Constitution enforced → 23 March 1956
- Bogra Formula → 7 October 1953
- First Constituent Assembly dissolved → 24 October 1954
- One Unit Scheme → 30 September 1955
- Constitution approved → 29 January 1956
- Martial Law imposed → 8 October 1958
- First Chief Martial Law Administrator → Ayub Khan
- First Constitution abrogated by → Iskander Mirza
- Case against dissolution → Maulvi Tamizuddin Case
Constitution of 1962
- Constitution of 1962 was enforced on 8 June 1962.
- Constitutional Commission was headed by Justice Shahab-ud-Din.
- Commission submitted its report on 6 May 1961.
- Constitution of 1962 introduced a Presidential System.
- It replaced the Parliamentary System of 1956.
- President had to be a Muslim citizen.
- Minimum age for President under 1962 Constitution was 35 years.
- President was elected indirectly by Basic Democrats (BDs).
- Initially there were 80,000 Basic Democrats.
- Later Basic Democrats increased to 120,000.
- President possessed extensive executive powers.
- President could dissolve the National Assembly.
- President could declare Emergency.
- National Assembly under 1962 Constitution was Unicameral.
- National Assembly initially had 156 members.
- Later National Assembly membership increased to 218 members.
- Representation in National Assembly was based on parity between East and West Pakistan.
- Provincial Governors were appointed by the President.
- Governors served at the pleasure of the President.
End of 1962 Constitution
- Ayub Khan resigned on 25 March 1969.
- General Yahya Khan imposed Martial Law in 1969.
- Constitution of 1962 was abrogated on 25 March 1969.
- Yahya Khan issued the Legal Framework Order (LFO) in 1970.
- One Unit Scheme was abolished in July 1970.
- LFO restored Punjab, Sindh, NWFP, and Balochistan.
- Yahya Khan introduced One Man, One Vote.
- East Pakistan received 169 seats in the National Assembly.
- West Pakistan received 144 seats.
- Total National Assembly seats under LFO were 313.
Constitution of 1973
- Constitution of 1973 was passed on 12 April 1973.
- Constitution of 1973 was enforced on 14 August 1973.
- Constitutional Committee was headed by Abdul Hafeez Pirzada.
- Committee was formed on 17 April 1972.
- Constitution of 1973 restored the Parliamentary System.
- It is the current Constitution of Pakistan.
- Prime Minister became the real executive authority.
- President became a ceremonial (titular) Head of State.
- President must be a Muslim.
- President’s term is 5 years.
- President is elected by Parliament and Provincial Assemblies.
- President can be removed through Impeachment.
- President may dissolve the National Assembly only on the advice of the Prime Minister.
Prime Minister
- Prime Minister is elected by the National Assembly.
- Prime Minister is the leader of the majority party.
- PM is the chief executive under the 1973 Constitution.
- Cabinet is collectively responsible to the National Assembly.
- Article dealing with executive authority is Article 90.
- PM can be removed through a Vote of No-Confidence.
Parliament
- 1973 Constitution introduced a Bicameral Legislature.
- Parliament consists of the National Assembly and Senate.
- National Assembly is the Lower House.
- Senate is the Upper House.
National Assembly
- Total National Assembly seats are 342.
- General seats in NA are 272.
- Reserved seats for women are 60.
- Reserved seats for minorities are 10.
- Minimum age for NA membership is 25 years.
Senate
- Senate is a permanent house.
- Senate cannot be dissolved.
- Senate consists of 100 members.
- Senator’s term is 6 years.
- Half of the Senators retire every 3 years.
- Senate ensures equal provincial representation.
Provincial Assemblies
- Punjab Assembly consists of 371 seats.
- Sindh Assembly consists of 168 seats.
- Khyber Pakhtunkhwa Assembly consists of 124 seats.
- Balochistan Assembly consists of 65 seats.
Eighth Amendment (1985)
- Eighth Amendment was introduced by General Zia-ul-Haq.
- Most controversial provision was Article 58(2)(b).
- Article 58(2)(b) empowered the President to dissolve the National Assembly.
- Eighth Amendment strengthened the Presidency.
- Four elected governments were dismissed under Article 58(2)(b).
Musharraf Era & Seventeenth Amendment
- General Pervez Musharraf took power on 12 October 1999.
- Musharraf overthrew the government of Nawaz Sharif.
- Musharraf introduced the Devolution of Power Plan (2000).
- Musharraf issued the Legal Framework Order (LFO) 2002.
- LFO revived Article 58(2)(b).
- Seventeenth Amendment validated Musharraf’s LFO.
- Seventeenth Amendment allowed Musharraf to hold the offices of President and COAS simultaneously.
- National Assembly strength increased to 342 seats.
- Presidential order dissolving assemblies became subject to Supreme Court review.
- Under the Seventeenth Amendment, PM and assemblies became vulnerable to Presidential dissolution powers.
Most Repeated Competitive Exam MCQs
- 1962 Constitution enforced → 8 June 1962
- Constitution Commission Head → Justice Shahab-ud-Din
- 1962 Constitution introduced → Presidential System
- Basic Democrats → 80,000 (later 120,000)
- Ayub resigned → 25 March 1969
- LFO issued by → Yahya Khan
- One Man One Vote introduced by → Yahya Khan
- 1973 Constitution enforced → 14 August 1973
- Drafting Committee Head → Abdul Hafeez Pirzada
- Real Executive under 1973 Constitution → Prime Minister
- Parliament under 1973 Constitution → Bicameral
- Senate is → Permanent House
- Eighth Amendment introduced by → Zia-ul-Haq
- Article 58(2)(b) → Power to dissolve National Assembly
- Musharraf takeover → 12 October 1999
- LFO 2002 issued by → Pervez Musharraf
- Current Constitution of Pakistan → Constitution of 1973
Constitutional Amendments of Pakistan (1973 Constitution)
Introduction
The Constitution of Pakistan was enforced on 14 August 1973. It established a federal parliamentary democratic system. The Constitution currently contains 280 Articles and provides a mechanism for amendments through a two-thirds majority in Parliament.
Parliament of Pakistan
- Upper House: Senate
- Lower House: National Assembly
- Amendment Requirement: Two-thirds majority in Parliament and Presidential assent.
Important Constitutional Amendments
1st Amendment (1974)
- Redefined the territorial boundaries of Pakistan.
- Removed references to East Pakistan after the creation of Bangladesh.
2nd Amendment (1974)
- Defined the term “Muslim” in the Constitution.
- Declared Ahmadis (Qadianis/Lahoris) as non-Muslims.
Exam Point: Most frequently asked amendment in competitive examinations.
3rd Amendment (1975)
- Increased preventive detention period from one month to three months.
4th Amendment (1975)
- Increased reserved seats for non-Muslims.
- Restricted bail provisions in preventive detention cases.
5th Amendment (1976)
- Established separate High Courts for Sindh and Balochistan.
6th Amendment (1976)
- Fixed retirement age of judges:
- Supreme Court Judges: 65 years
- High Court Judges: 62 years
7th Amendment (1977)
- Allowed the Prime Minister to seek a vote of confidence through a referendum.
8th Amendment (1985)
- Introduced Article 58(2)(b).
- Empowered the President to dissolve the National Assembly.
- Converted the parliamentary system into a semi-presidential system.
Exam Point: One of the most important constitutional amendments.
9th Amendment (1985) – Not Passed
- Proposed making Sharia the supreme law of Pakistan.
10th Amendment (1987)
- Maximum interval between parliamentary sessions fixed at 130 days.
- Parliament required to meet at least three times annually.
11th Amendment (1989) – Not Passed
- Proposed restoration of reserved seats for women.
12th Amendment (1991)
- Established Speedy Trial Courts for three years.
- Increased judges’ salaries.
13th Amendment (1997)
- Repealed Article 58(2)(b).
- Removed the President’s power to dissolve the National Assembly.
14th Amendment (1997)
- Introduced Anti-Defection Law.
- Prevented floor crossing by parliamentarians.
Exam Point: Known as the Anti-Defection Amendment.
15th Amendment (1998) – Not Passed
- Known as the Shariat Bill.
16th Amendment (1999)
- Extended civil service quota system from 20 years to 40 years.
17th Amendment (2003)
- Restored Article 58(2)(b).
- Incorporated General Pervez Musharraf’s Legal Framework Order (LFO) into the Constitution.
18th Amendment (2010)
- Added Article 25-A (Right to Education).
- Removed Article 58(2)(b) again.
- Strengthened parliamentary democracy.
- Granted extensive provincial autonomy.
- Renamed:
- NWFP → Khyber Pakhtunkhwa (KPK)
- Sind → Sindh
- Baluchistan → Balochistan
Exam Point: Considered the most significant constitutional amendment after 1973.
19th Amendment (2011)
- Modified the procedure for appointment of judges.
- Renamed “High Court of Islamabad” as Islamabad High Court.
20th Amendment (2012)
- Strengthened Election Commission of Pakistan (ECP).
- Established constitutional framework for caretaker governments.
- Ensured free and fair elections.
21st Amendment (2015)
- Established Military Courts for terrorism-related cases.
- Passed after the APS Peshawar terrorist attack.
22nd Amendment (2016)
- Revised qualifications and appointment procedures for ECP members.
- Maximum age:
- Chief Election Commissioner: 68 years
- ECP Members: 65 years
23rd Amendment (2017)
- Extended Military Courts for an additional two years.
24th Amendment (2017)
- Allowed National Assembly seat allocation based on provisional 2017 Census results.
25th Amendment (2018)
- Merged FATA into Khyber Pakhtunkhwa.
- Abolished FATA’s separate constitutional status.
Exam Point: Most important amendment related to administrative reforms.
26th Amendment (2024)
- Created a 12-member Parliamentary Committee for nomination of the Chief Justice of Pakistan.
- Fixed CJP tenure at a maximum of three years.
- Revised Supreme Court suo motu procedures.
- Added Article 9-A recognizing the right to a clean, healthy, and sustainable environment.
27th Amendment (2025)
- Established the Federal Constitutional Court (FCC).
- Created the office of Chief of Defence Forces (CDF).
- Strengthened constitutional protections for military institutions.
- Reorganized constitutional adjudication mechanisms.
Frequently Asked Exam MCQs
- Which amendment declared Ahmadis non-Muslims? → 2nd Amendment.
- Which amendment introduced Article 58(2)(b)? → 8th Amendment.
- Which amendment abolished Article 58(2)(b) for the first time? → 13th Amendment.
- Which amendment restored Article 58(2)(b)? → 17th Amendment.
- Which amendment finally removed Article 58(2)(b)? → 18th Amendment.
- Which amendment introduced the Right to Education? → 18th Amendment.
- Which amendment granted provincial autonomy? → 18th Amendment.
- Which amendment introduced Anti-Defection Law? → 14th Amendment.
- Which amendment established Military Courts? → 21st Amendment.
- Which amendment merged FATA into KPK? → 25th Amendment.
- Which amendment established the Federal Constitutional Court? → 27th Amendment.
- Which amendment created a new procedure for appointment of the Chief Justice of Pakistan? → 26th Amendment.
Quick Revision Table
- 2nd → Ahmadis declared non-Muslims
- 8th → Article 58(2)(b) introduced
- 13th → Article 58(2)(b) removed
- 14th → Anti-Defection Law
- 17th → Article 58(2)(b) restored
- 18th → Provincial Autonomy & Right to Education
- 21st → Military Courts
- 25th → FATA merged into KPK
- 26th → CJP Appointment Reforms
- 27th → Federal Constitutional Court