The Constitution of Pakistan 1956: A Detailed Overview

The Constitution of 1956 was Pakistan's first constitution, marking its transition from a
Dominion to a Republic. This document laid down the framework for the federal parliamentary
system in Pakistan but faced several challenges leading to its eventual abrogation.
Background and Historical Context
1. Independence and Early Political Structure:
o Partition of British India (1947): Pakistan emerged as a new nation, gaining
independence from British rule. Initially, it adopted the Government of India Act
1935 with modifications as its provisional constitution.
o Dominion Status: Pakistan functioned as a Dominion under the British Crown
with the Governor-General as the representative of the British monarch.
2. Political Developments:
o Objective Resolution (1949): Passed by the Constituent Assembly, it outlined the
guiding principles for the future constitution, emphasizing sovereignty belonging
to Allah and incorporating democratic values.
o Constituent Assembly's Role: The Assembly was tasked with drafting the new
constitution but faced delays and political instability. The death of Pakistan's first
Governor-General, Muhammad Ali Jinnah, in 1948, added to the complexities.
3. Ethnic and Regional Disparities:
o Pakistan was composed of two geographically and culturally distinct regions:
West Pakistan (comprising multiple provinces) and East Pakistan (now
Bangladesh).
o Balancing representation and power between the two wings was a significant
challenge.
4. Language Controversy:
o The decision to make Urdu the national language led to significant discontent in
East Pakistan, where Bengali was the predominant language.
5. Prime Minister Liaquat Ali Khan's Assassination (1951):
o This event further destabilized the political environment and delayed
constitutional progress.
Key Provisions of the Constitution
1. Structure of the State:
o Federal Republic: Pakistan was declared an Islamic Republic.
o Parliamentary System: 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.
o Division of Powers: The Constitution delineated powers between the central
government and the provinces.
2. Executive:
o President: The head of state, elected by the members of the National Assembly
combining both symbolic and executive roles.
o Prime Minister: The head of government, wielding executive powers, and
responsible to the National Assembly.
3. Judiciary:
o The Constitution established an independent judiciary with a Supreme Court at its
apex to interpret and uphold constitutional law.
4. Islamic Provisions:
o The Constitution incorporated several provisions reflecting Islamic values,
including a preamble that invoked the sovereignty of Allah.
o It established the Council of Islamic Ideology to ensure that laws conformed to
Islamic principles.
5. Language and Culture:
o Urdu was declared the national language, while provisions were made to protect
other languages and cultures within the state.
6. Fundamental Rights:
o The Constitution guaranteed various fundamental rights such as freedom of
speech, religion, and equality before the law.
Problems and Challenges
1. Ethnic and Regional Tensions:
 o The Constitution failed to adequately address the significant cultural, economic,
and political disparities between East and West Pakistan. East Pakistan felt
underrepresented despite its larger population.
2. Centralization of Power:
o The power was perceived to be centralized in West Pakistan, particularly in
Punjab, leading to dissatisfaction and feelings of marginalization in other regions.
3. Language Disputes:
o The imposition of Urdu as the sole national language alienated the Bengali-
speaking majority in East Pakistan.
4. Political Instability:
o Frequent changes in government, lack of political cohesion, and leadership crises
undermined the effective functioning of the new constitutional system.
5. Economic Disparities:
o Economic development was uneven, with West Pakistan often seen as benefiting
more from national policies.
6. Military Influence:
o The military began to exert significant influence over politics, undermining the
democratic processes established by the Constitution.
Abrogation of the Constitution
1. Martial Law (1958):
o On October 7, 1958, President Iskander Mirza declared martial law, citing
political instability and the inability of the democratic system to function
effectively.
o The constitution was abrogated, and General Ayub Khan, the Commander-in-
Chief of the Army, was appointed as the Chief Martial Law Administrator.
2. Dissolution of the Government:
o President Mirza dismissed the central and provincial governments, dissolved the
legislatures, and assumed sweeping powers.
o Within a few weeks, on October 27, 1958, Ayub Khan forced Iskander Mirza to
resign and took over as the President of Pakistan, solidifying military control over
the state.
 3. Justifications for Abrogation:
o Ayub Khan argued that the Constitution was unworkable and that political
corruption and inefficiency had necessitated military intervention.
o He proposed a new system of governance to bring stability and development to
Pakistan, leading to the eventual drafting of the Constitution of 1962.
Few Essential Features

4. One of the main features of the Constitution was its Islamic character. The President, who
was required to be a Muslim of at least 40 years of age. He was to set up an organization
for Islamic research with the aim of establishing a true Islamic society. The Objectives
Resolution was, however, only made the preamble of the Constitution and not included in
its main text.

5. Prime Minister was to be the leader of parliamentary party and indirectly elected for five
years. He could choose his cabinet from the members of the National Assembly. The
cabinet was answerable to the assembly

6. The Constitution of 1956 provided for parliamentary form of government with a

unicameral legislature. The Constitution recognized the concept of One Unit, and the
seats were divided equally between the two wings of the country. Thus the principle of
parity was introduced. For the first ten years, five additional seats were reserved for
women for each wing. National Assembly was to meet at least twice a year with at least
one session at Dhaka.

7. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan
with minimum age of 21 was allowed to vote in the elections.

8. The constitution provided for a federal system of government in the country and power
divided between the centre and provinces.

9. The fundamental rights included freedom of movement, freedom of speech and

expression, freedom to choose profession and freedom to confess religion, right to life,
liberty and property.

10. Urdu and Bengali were declared as national languages.

Conclusion
The Constitution of 1956 was a significant milestone in Pakistan's journey towards a democratic
republic. However, it was unable to withstand the country's deep-seated regional, ethnic, and
political challenges. Its abrogation by the military marked the beginning of a period of
authoritarian rule, highlighting the difficulties Pakistan faced in establishing a stable and
effective democratic system.