Introduction
In the establishment of the first formal governing framework, the noteworthy position in the history of Pakistan is held by the constitution of 1956 of Pakistan. This first constitution for Pakistan was established on March 23 1956 laying down the groundwork for Pakistan’s political and judicial system. Choudhary Muhammad Ali gave the idea of constitution-making and served as the Prime Minister of Pakistan.
Table of Contents
In this article, you will explore the salient features that shaped the government system of Pakistan.
Date of Implementation
This constitution was executed on March 23, 1956, declaring Pakistan as an Islamic Republic.
The constitution presented numerous features and ensured the Islamic laws and values in governance.
Salient Features of the 1956 Constitution
1. Lengthy and Detailed
This constitution contained 234 articles and was a comprehensive document, the articles were divided into 13 parts and 6 schedules. The lengthy document covered a broad spectrum of issues from government structure to citizen’s rights.
2. Islamic Character of the Constitution
The Islamic character was the key feature of this constitution. In the constitution, Pakistan was declared as an Islamic Republic and the laws of the country should be aligned with Islamic principles.
The main alignment with the Islamic principle was that the President of Pakistan to be a Muslim and also other Islamic provisions like the elimination of Riba (interest).
3. Federal Government
The federal system of government was adopted by the constitution in which power was divided between the provinces and the central government. The diverse needs of the people in different regions were helped by this system.
4. Relations between the Federation and Provinces
The relationship between the provinces and the federation was defined by the constitution ensuring balanced power during the maintenance of unity within the country.
5. Fundamental Rights
The Constitution guaranteed fundamental rights to all citizens. These included:
- Equality before the law
- Protection of life and property
- Freedom of speech and expression
- No retrospective punishment
These rights were crucial in ensuring the well-being and freedoms of Pakistan’s citizens.
6. Directive Principles of State Policy
Directive principles were included in the constitution for state policy to guide the government in decision-making. These principles promote social justice, welfare, and equality emphasiely.
7. Parliamentary Form of Government
Under the constitution of 1956, the parliamentary form of government was adopted by Pakistan, where significant powers were held by the prime minister.
The president acted as the ceremonial head of state.
8. The President and Cabinet
The president and cabinet powers were outlined by the constitution of 1956, while real executive power was granted to the prime minister and the Cabinet so the president held most ceremonial roles.
9. Functions and Powers of the President
Specific powers to constitutional amendments were held by the President, dissolving the national assembly by appointing the judges to the supreme court.
While the powers were limited by the provisions of the Constitution and the role of the Prime Minister.
10. Federal Legislature
Under the constitution of 1956, Pakistan adopted the unicameral legislature meaning it had a legislative house.
To promote gender equality seats were allocated for women and legislature was elected for the tenure of five years.
11. Independence of Judiciary
The Constitution emphasized the independence of the judiciary. Judges could not be removed from office arbitrarily and were only removed through a formal process involving the President and the National Assembly.
12. Islamic Provisions
Several Islamic provisions were embedded in the Constitution:
- Sovereignty of Almighty Allah was declared.
- In the country, Islamic laws were enforced.
- Protection of Islamic traditions and minority’s rights and religious freedom were stressed by the constitution.
13. Emergency Provisions
The emergency during the times of national crisis was declared by the constitution, providing the government powers to manage security and maintain order.
Conclusion
The constitution of 1956 was a foundational document for the governance of Pakistan laying out the foundation that balanced modern democratic ideals with Islamic principles.
The fundamental rights, federal structure, and Islamic provisions of the constitution provided a foundation for the future of the country, which will experience revisions in the succeeding future.
Also Read: Constitution of 1956: Salient Features and Islamic Provisions (Notes)
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