Constitutional Development in Pakistan:

• British Colonial Period:
  The roots of Pakistan's constitutional development can be traced to the British rule in the Indian subcontinent, when various laws were introduced to govern the region.
• Government of India Act 1935:
  The Government of India Act 1935 was the most important constitutional framework before independence and later influenced Pakistan’s early constitutional system.
• Independence in 1947:
  Pakistan emerged as an independent state in August 1947 under the Indian Independence Act 1947, which created Pakistan and India as two independent dominions.
• Interim Constitutional Arrangement:
  At independence, Pakistan did not yet have its own constitution. Therefore, the Government of India Act 1935, with necessary amendments, was adopted as the interim constitutional framework.
• Role of Constituent Assembly:
  Pakistan's Constituent Assembly was responsible for preparing a permanent constitution and establishing the country's constitutional and political system.
• Basis of Constitutional Evolution:
  The early constitutional arrangements provided continuity and stability while Pakistan faced the challenges of establishing a new state.

Serious Challenges Faced by Pakistan at the Time of Creation:

• Refugee Crisis:
  Millions of Muslims migrated from India to Pakistan, creating an urgent need for food, shelter, healthcare, and employment.
• Financial Problems:
  Pakistan faced difficulties receiving its fair share of financial resources and assets from British India.
• Military Equipment:
  Pakistan did not receive its expected share of military equipment and resources, creating security challenges.
• Boundary and Territorial Issues:

The partition created disputes over territories and princely states, including Junagadh, Hyderabad, and Kashmir.

Kashmir Issue:
The Kashmir dispute emerged soon after independence and became a major source of tension between Pakistan and India.

Progress of the First Constituent Assembly of Pakistan (1947-1954):

1. Formation of the Assembly:
   The First Constituent Assembly was formed after the partition of British India in 1947. Initially, it consisted of 69 members, later increased to 79 to provide representation to areas such as Balochistan, FATA, Bahawalpur, and Khairpur.
2. First Meeting:
   The Assembly held its first session on 10 August 1947 in Karachi. On 11th August 1947, Quaid-i-Azam Muhammad Ali Jinnah was elected as its President.
3. Two Main Responsibilities:
   The Assembly had two major duties:
   • To frame a constitution for the newly created state of Pakistan.
   • To function as the federal legislature until a permanent constitution was prepared.
4. Objectives Resolution:
   One of its greatest achievements was the adoption of the Objectives Resolution on 12th March 1949. It provided the basic principles and direction for Pakistan's future constitution.
5. Basic Principles Committee:
   The Basic Principles Committee was established to prepare constitutional proposals. It presented its first report in 1950, but it faced criticism regarding Islamic provisions, minority rights, representation, and the distribution of powers. Its final report was presented in December 1952, but it was not adopted by the Assembly.
6. Muhammad Ali Bogra Formula:
   Prime Minister Muhammad Ali Bogra presented the Bogra Formula to resolve differences between East and West Pakistan. It proposed a bicameral legislature and aimed to provide a balance between population-based and equal regional representation.
7. Dissolution of the Assembly:
   Before the Assembly could complete its constitutional work, Governor-General Ghulam Muhammad dissolved it on 24th October 1954. He argued that the Assembly had failed to complete the constitution and had lost its representative character.
8. Overall Assessment:
   The First Constituent Assembly made important progress by establishing constitutional principles, passing the Objectives Resolution, and developing proposals for representation and federal structure. However, political disagreements, regional tensions, and institutional conflicts prevented it from completing the constitution.

Issues Causing Delays in Constitution Making:

After creation of Pakistan the most important challenge was to draft a constitution reflecting the needs and aspirations of newly born ideological state. The task could not be accomplished as long as 1956. The following are the main causes of delay in constitution making.

Immediate Challenges:

With its creation, Pakistan had to face more pressing issues that required immediate attention. These included an influx of refugees, canal water dispute, Kashmir conflict, India's denial in giving Pakistan's share of military and financial assets etc. These pressing challenges diverted resources and attention, contributing to significant delays in the drafting process.

Death of Quaid-i-Azam:

Quaid-i-Azam outlined Pakistan's future constitution in his address to the first Constituent Assembly on August 11, 1947. However, his death on September 11, 1948, ended his direct role in the process. His leadership and stature could have helped resolve constitutional challenges if he had lived longer.

Deadlock in Power Division and Representation:

The "Objectives Resolution" set the federal basis for the future constitution, but disputes over power division between the central and provincial governments caused problems. East Pakistan wanted maximum provincial autonomy, while many politicians from West Pakistan wanted a strong central government. There were also issues regarding equal representation between East and West Pakistan.

Form of Government:

Parliamentary system of government, more suitable for Pakistan required a strong democratic culture. However, political parties and institutions lacked the necessary training. Doubts arose about the system's stability, and many in West Pakistan favored a strong presidential system. This confusion contributed to delays in constitution-making.

Linguistic Issue:

At independence, it was announced that Urdu would be the official language of Pakistan. However, linguistic riots in East Pakistan led to demands for Bengali to be an official language. This issue was resolved later by adopting both Urdu and Bengali as official languages.

Political factors:

Attitude of some politicians about language issues, choosing between parliamentary or federal systems, secular or theocratic governance, and regionalism resulted in extending the constitution-making process.

Legislature's Interest:

After the death of Quaid-i-Azam Mohammad Ali Jinnah, there was a lack of legislative interest in the activities of the Constituent Assembly. In its seven years, the Assembly met only for 116 days, with attendance ranging from 37 to 56 members out of a total of 76.

Objectives Resolution:

The Muslims of the Indian Subcontinent struggled hard for a separate Muslim state based on the Two-Nation Theory. This struggle culminated in the creation of Pakistan, a state with strong ideological foundations. After its creation, there was a pressing demand to establish Pakistan as an Islamic Republic. Additionally, the Constituent Assembly needed a guiding framework to craft the country's constitution.

To address these needs, Mr. Liaquat Ali Khan, then the Prime Minister, presented a resolution on the “Aims and Objectives of the Constitution” in the Assembly on March 7, 1949. This resolution, commonly known as the Objectives Resolution (Qaraardad-e-Maqasid), was debated for five days and was passed by the Assembly on March 12, 1949.

Key Points of the Objectives Resolution:

Here are the key points of the Objectives Resolution:

Sovereignty belongs to Allah:

Sovereignty over the entire universe belongs to Allah Almighty alone. The authority delegated to the State of Pakistan, through its people, to be exercised within the limits prescribed by Him, is a sacred trust.

Islamic System of Governance:

The state will exercise its power and authority through the elected representatives of the people, ensuring that Islamic democracy is practiced in the country.

Adherence to Islamic Principles:

The Islamic principles of democracy, freedom, equality, tolerance, and social justice shall be fully adhered to.

Islamic Way of Life:

Muslims shall be enabled to live their individual and collective lives in accordance with the teachings of the Quran and Sunnah.

Rights of Minorities:

Adequate provisions shall be made for minorities to freely profess, propagate, and practice their religions, and to preserve and develop their cultures and traditions.

Federal System of Government:

Pakistan shall be a federation where provinces will enjoy autonomy within constitutional limits.

Fundamental Rights:

Fundamental rights including freedom, equality, property, expression of thought, belief, worship, and association shall be guaranteed to all citizens of Pakistan.

Freedom of Judiciary:

The independence of the Judiciary shall be fully secured.

Sovereignty of the state and its territorial integrity:

The sovereignty of the state and its territorial integrity will be safeguarded, ensuring that the country's authority and borders are protected from internal and external threats.

Aspiration for National Prosperity and Global Contribution:

To enable the people of Pakistan to prosper and achieve their rightful and honored place among the nations of the world, making their full contribution towards international peace, progress, and the happiness of humanity.

Constitution:

Constitution is a body of fundamental principles or established precedents according to which a state or established organization is acknowledged to be governed.

Second Constituent Assembly in Pakistan:

1. Formation of the Second Assembly:
   The First Constituent Assembly was dissolved by Governor-General Ghulam Muhammad on 24 October 1954. After legal proceedings, a new Constituent Assembly was formed.
2. Composition of the Assembly:
   The Second Constituent Assembly consisted of 80 members. They were indirectly elected in May 1955 by the provincial legislatures of East and West Pakistan.
3. First Meeting
   The Assembly held its first session on 7th July 1955. Its main objective was to complete the constitutional process that the First Assembly had been unable to finish.
4. Validation of Laws Act:
   The Assembly passed the Validation of Laws Act 1955, which provided legal support for existing laws and government measures.
5. One Unit Scheme:
   The Assembly supported the One Unit Scheme, under which the provinces and areas of West Pakistan were combined into a single administrative unit.

Salient Features of the Constitutions of 1956, 1962 and 1973

1. Constitution of 1956:

   • Islamic Republic:
     Pakistan was officially declared the Islamic Republic of Pakistan.
   • Parliamentary System:
     A parliamentary form of government was introduced, with the Prime Minister as the head of government.
   • President:
     The President was the head of state and was required to be a Muslim.
   • Unicameral Legislature:
     The Parliament consisted of a single house, called the National Assembly.
   • Fundamental Rights:
     The Constitution guaranteed fundamental rights to citizens.
   • Islamic Provisions:
     Laws were to be consistent with the principles of Islam, and provisions were included for Islamic guidance.
   • Federal System:
     Pakistan was established as a federation, with powers divided between the centre and provinces.

2. Constitution of 1962:

   • Presidential System:
     A presidential system was introduced, with the President holding significant executive powers.
   • Unicameral Legislature:
     The Constitution provided for a single National Assembly.
   • Basic Democracies:
     The system of Basic Democracies was introduced as the basis of political representation and elections.
   • Strong Centre:
     Greater powers were concentrated in the central government and the President.
   • Islamic Provisions:
     The Constitution included provisions relating to Islam and Islamic principles.
   • Fundamental Rights:
     Fundamental rights were provided, although their constitutional position changed during the early period of the Constitution.
   • Federal Structure:
     Pakistan retained a federal structure, with East and West Pakistan forming the two main units.

3. Constitution of 1973:

   • Parliamentary System:
     The Constitution established a parliamentary form of government, with the Prime Minister as the head of government.
   • Bicameral Legislature:
     Parliament consists of two houses: the National Assembly and the Senate.
   • Federal System:
     Pakistan was established as a federal republic, with powers distributed between the federation and provinces.
   • Fundamental Rights:
     Citizens are guaranteed important fundamental rights, including equality, freedom, and protection under law.
   • Islamic Provisions:
     Islam was declared the state religion, and constitutional provisions were included to ensure laws are consistent with Islamic principles.
   • Independent Judiciary:
     The Constitution provides for an independent judiciary to interpret the Constitution and protect citizens' rights.
   • Provincial Representation:
     The Senate provides equal representation to the provinces, helping protect their interests.

Comparison of the Constitutions of 1956 and 1962:

Islamic Provisions:

To reflect the country's identity as a homeland for Muslims and to align its governance with Islamic principles, Islamic provisions were incorporated in the constitution. These provisions aimed to ensure that laws were consistent with the moral and ethical teachings of Islam, promoting social justice, equality, and welfare. These provisions are outlined below.

1. Objectives Resolution: Objectives Resolution was included as preamble of the constitution. It emphasized the sovereignty of Allah, democracy, freedom, equality, tolerance, and social justice as per Islamic teachings.
2. Name of the Country: The name of the country was adopted as "Islamic Republic of Pakistan".
3. Head of State: The head of state (President) had to be a Muslim.
4. Islamic Law: No law would be passed against the teachings of the Quran and Sunnah. The President was responsible for ensuring that laws conformed to Islamic principles.
5. Promotion of Islamic Way of Life: The state was tasked with promoting the observance of Islamic principles. Measures were to be taken for the teaching of the Quran and Islamic studies.
6. Protection of Minorities: The constitution guaranteed the protection of the rights of religious minorities.
7. Social and Economic Justice: The state was required to social and economic justice as outlined in Islamic teachings.
8. Laws Consistent with Islam: All existing laws were to be brought in conformity with the injunctions of Islam as laid down in the Quran and Sunnah.
9. Promotion of Islamic Education: Steps would be taken to enable Muslims to understand the Quran and Islam, with promotion of Arabic language.
10. Elimination of Riba: Riba will be eliminated from the country as soon as possible.

Key Features:

1. Written and Flexible constitution: The constitution was written and flexible in nature. It could be amended with two third (2/3 rd.) majority.
2. Federal Structure: The Constitution provided a federal form of government with three legislative lists-Federal (33 items), Provincial (94 items), and Concurrent (19 items). Federal laws took precedence over provincial laws in concurrent matters.
3. Parliamentary System: It established a parliamentary system with a unicameral legislature, the National Assembly, consisting of 300 members elected on the principle of parity between East and West Pakistan.
4. Executive Authority: The President, a Muslim citizen of at least 40 years, would be the head of the state whereas the Prime Minister would be head of the government. The President held significant executive powers, including appointing the Prime Minister, who needed to secure a vote of confidence from the National Assembly.
5. Direct Elections: The constitution provided for direct elections for central (National Assembly) and provincial legislature. The president was to be elected by the members of National and provincial assemblies. Citizens at least 21 years old were given right to vote.
6. Independent Judiciary: The Constitution ensured the independence of the judiciary, with the Supreme Court at the top. The Chief Justice acted as a mediator in conflicts between federal and provincial governments.
7. Fundamental Rights: The constitution guaranteed fundamental rights of citizens of Pakistan. These included freedom of speech, movement, religion and equality before law.
8. National Language: Both Urdu and Bengali were declared state languages, while English was to remain an official language. After 10 years, the president was to constitute a commission to make recommendations for replacement of English.
9. Provincial Structure: The provincial structure was similar to that of the centre. There were 300 members in both provincial assemblies. Ten additional seats were reserved for women.

The 1956 Constitution of Pakistan, developed after nearly nine years of struggle, lasted only 2 years and 7 months. President Iskander Mirza abrogated it in October 1958. Political instability, disagreements over power sharing, and tensions over religious and cultural differences led to its short tenure. Despite this, it laid groundwork for future constitutional developments. It influenced debates on federalism, representation, and Islam's role in governance, echoing in later reforms.

Constitution of 1962;

After assuming power as Chief Martial Law Administrator on October 27, 1958, General Muhammad Ayub Khan appointed a commission chaired by former Chief Justice Muhammad Shahabuddin to draft a new constitution. The commission included members from both East and West Pakistan. They submitted the report on May 6, 1961, which was thoroughly reviewed by Ayub Khan and his Cabinet. In January 1962, the Cabinet approved the final text of the constitution. General Muhammad Ayub Khan officially promulgated it on March 1, 1962. The new constitution came into effect on June 8, 1962, establishing a presidential system of governance in Pakistan.

Islamic Provisions of 1962 Constitution:

1. Objectives Resolution: Objectives Resolution was included as preamble of the constitution. It emphasized that sovereignty belongs to Almighty Allah.

   The Muslims have been entrusted the powers by Allah to be exercised as a sacred trust within limits fixed by Him.

2. Name of Country: Deviating from the 1956 Constitution, this constitution initially named Pakistan as the Republic of Pakistan. After protest by the public, it was renamed as Islamic Republic of Pakistan.
3. Promotion of Islamic Principles: Steps were to be taken to enable Muslims in Pakistan to organize their individual and collective lives according to the fundamental principles and basic concepts of Islam.
4. Islamic Compatibility of Laws: No law shall be made that contradicts the teachings and requirements of Islam as stated in the Qur'an and Sunnah. Existing laws must be aligned with the Qur'an and Sunnah.
5. Eligibility of President: Under this constitution, it was compulsory for a president to be Muslim.
6. Compulsory Teaching of Qur'an and Islam: Education of Holy Qur'an and Islam was mandatory to Muslims.
7. Organization of Zakat, Waqf, and Masajid: The constitution mandated that the state would properly manage the institutions of Zakat, Waqf and Masajid.
8. Elimination of non-Islamic practices: All those practices which were contrary to Islamic teaching such as gambling, prostitution, and intimidation, would be eliminated from the society.
9. Islamic Advisory Council: The 1962 Constitution proposed an Advisory Council of Islamic Ideology. This council was to guide the legislature to ensure laws are aligned with Islamic principles. It was also intended to suggest ways for Muslims in Pakistan to live according to Islamic teachings.
10. Islamic Research Institute: The institute would be established to conduct Islamic research and to help in rebuilding Muslim society based on true Islamic principles.

Key Features:

1. Written Constitution: The constitution was in written form containing 250 articles organized into 12 parts with 3 schedules.
2. Rigid Constitution: The constitution was rigid and could only be amended by at least a two-thirds majority of the parliament, and then only with the President's authentication.
3. Federal System: A federal system was introduced in the country. It consisted of a central government and two provincial governments comprising East and West Pakistan. The center had the authority to intervene in the provincial matters if considered necessary.
4. Presidential Form of Government: Unlike the constitution of 1956, it was presidential with all the executive powers resting with the president. He was the constitutional head of government and state.
5. Unicameral Legislature: The 1962 Constitution established a unicameral legislature called the National Assembly. Initially, the assembly had 156 members, which later increased to 218 and then to 313. Members were elected by an electoral college of Basic Democrats having equal representation for both the East and West wings of Pakistan. Some seats were reserved for women. The National Assembly was exclusively empowered to legislate for the central subjects.
6. Provincial Governments: The 1962 Constitution established two provincial governments, each headed by a governor. The governors had powers similar to those of the President at the federal level. They were authorized to appoint provincial ministers with the approval of President.
7. Provincial Legislature: Each province had its own legislature, initially consisting of 150 members, later increased to 218 members.
8. Powers of President: The President had to be a Muslim and serve a 5-year term. He could issue ordinances and veto laws passed by the National Assembly, which could only be overridden by a two-thirds majority of the Assembly. However, the President could not dissolve the Assembly without ending their own term. The President was granted extensive emergency powers, which allowed him to operate without much constraint in times of crisis.
9. Indirect Elections: The 1962 Constitution introduced an indirect method of election where primary voters elected Basic Democrats. The 80,000 Basic Democrats, in turn, had the responsibility to elect representatives to higher positions, such as the President and federal and provincial legislative assemblies. This system aimed to ensure representation through a hierarchical electoral process rather than direct public voting.
10. Independence of Judiciary: According to this constitution the judiciary was kept independent. All the judges of the High courts had to be selected and appointed by the president with the advice of the chief justice. But the president was not bound to the recommendation of the Chief Justice. The court had the power of judicial review over executive actions.
11. Fundamental Right: The constitution guaranteed the basic human rights for all the citizens of Pakistan without any discrimination of caste, creed, and color. Familiar civil rights were also granted.
12. National Language: Urdu and Bengali were recognized as National Languages.
13. Referendum: The constitution of 1962 introduced a new institution of referendum.

The 1962 Constitution of Pakistan aimed to centralize power through Basic Democracy and indirect elections. However, its acceptance and implementation faced challenges, particularly from critics advocating for provincial autonomy.

Additionally, there were concerns about the legitimacy of the Basic Democracy system. It was viewed as manipulating electoral outcomes rather than ensuring genuine representation. These issues contributed to widespread dissatisfaction and political unrest, ultimately impacting the constitution's acceptance and effectiveness it resulted in abrogation, of the constitution in 1969.

Two Key Changes in the 1962 Constitution Compared to the 1956 Constitution:

1. Presidential System Introduced:
   The 1962 Constitution replaced the parliamentary system of the 1956 Constitution with a presidential form of government, giving the President significant executive powers, unlike the Prime Minister-led system in 1956.
2. Elimination of Joint Electorate:
   The 1962 Constitution introduced a system of Basic Democracies, where indirect elections were held through an electoral college, whereas the 1956 Constitution had provided for direct elections under a joint electorate system.

Two Presidential Powers in the 1973 Constitution of Pakistan:

1. Appointment of Key Officials:
   The President has the power to appoint important officials such as the Prime Minister (formally), Governors of provinces, Chief Justices, and judges of the Supreme Court and High Courts (on the advice of the Prime Minister or relevant authorities).
2. Summoning and Proroguing the Parliament:
   The President can summon or prorogue sessions of the National Assembly and Senate, and also address the Parliament, particularly at the beginning of a new legislative year.

Background of the Constitution of 1973:

• End of Ayub Khan's Rule:
  After widespread political unrest, President Ayub Khan resigned on 25th March 1969. General Agha Muhammad Yahya Khan took power, imposed martial law, and abolished the 1962 Constitution.
• General Elections of 1970:
  Yahya Khan held the first general elections on the basis of one person, one vote in December 1970. The Awami League, led by Sheikh Mujibur Rahman, won the majority of seats, mainly from East Pakistan, while the Pakistan Peoples Party (PPP), led by Zulfikar Ali Bhutto, emerged as the major party in West Pakistan.
• Political Crisis:
  Disagreements over the transfer of power and the constitutional future of Pakistan created serious political tensions between East and West Pakistan.
• Separation of East Pakistan:
  The political crisis developed into conflict and eventually the Indo-Pakistan War of 1971. East Pakistan separated from Pakistan and became Bangladesh on 16th December 1971.
• Transfer of Power to Bhutto:
  After the separation of East Pakistan, General Yahya Khan transferred power to Zulfikar Ali Bhutto on 20th December 1971.
• Interim Constitution:
  Bhutto introduced an Interim Constitution on 12th April 1972 to provide a temporary constitutional framework until a permanent constitution could be prepared.
• Constitution-Making Committee:
  A 25-member committee was formed with representatives from different political parties. Its task was to prepare a permanent constitution acceptable to the country's major political groups.
• Approval of the Constitution:
  The draft Constitution was presented to the National Assembly and was unanimously approved on 10th April 1973.
• Implementation:
  The Constitution was formally promulgated on 14th August 1973. It established a parliamentary, federal, and democratic system of government.

Islamic Provisions of the 1973 Constitution:

The 1973 Constitution of Pakistan is notable for its strong emphasis on the Islamic character of the state. It reflects the country's commitment to incorporating Islamic principles into its legal and governance frameworks. This constitution was designed to ensure that the laws and policies of Pakistan align with the teachings of Islam, making it a key feature of the nation's identity.

Below are the Islamic provisions outlined in the constitution:

1. Objectives Resolution as preamble: Objectives Resolution was included as preamble of the constitution. In 1985 it was opted as active part of the constitution. It emphasizes that sovereignty belongs to Almighty Allah. It

2. Name of the Country: Pakistan is declared an Islamic Republic.
3. State Religion: The constitution declares Islam as official religion of Pakistan.
4. Definition of Muslim: The constitution defined a Muslim for the first time. According to the constitution, a Muslim is a person who believes in oneness of Allah and in the absolute and unqualified finality of the Prophethood (Khatme Nabuwwat) of Hazrat Muhammad Rasulullah and does not believe in, or recognize as a prophet or religious reformer, any person who claimed or claims to be a prophet, in any sense of the word or of any description whatsoever, after Hazrat Muhammad Rasulullah.
5. President and Prime Minister to be Muslim: The constitution declared that both the President and the Prime Minister must be Muslim. A non-Muslim cannot qualify for these positions.
6. Implementation of Islamic Laws: All existing laws shall be brought in conformity with the injunctions of Islam as laid down in the Qur'an and Sunnah. No law shall be enacted that is repugnant to teachings of Islam.
7. Teaching of Qur'an and Islam: Teaching of Qur'an and Islamiat will be compulsory in educational institutions.
8. Organization of Zakat, Waqf, and Masajid: The constitution mandated that the state would properly manage the institutions of Zakat, Waqf, and Masajid.
9. Establishment of Council of Islamic Ideology: The Council of Islamic Ideology would be established to guide legislative bodies in making laws in accordance with Islamic teachings. It would be responsible for adapting all existing laws in an Islamic shape and examining whether any law in the country contradicts the Qur'an and Sunnah, to declare it null and void.
10. Promotion of Islamic Principles: Steps were to be taken to enable Muslims in Pakistan to organize their individual and collective lives according to the fundamental principles and basic concepts of Islam.
11. Federal Shariah Court: Established under the 1973 Constitution, the Federal Shariah Court ensures that all laws in Pakistan conform to Islamic principles derived from the Qur'an and Sunnah. It has the authority to review existing laws and can declare them null and void if they are found to be inconsistent with Islamic teachings.
12. Qazi Courts: These are lower courts that operate at the district level and adjudicate matters related to personal law for Muslims based on Islamic jurisprudence. They handle cases such as marriage, divorce, inheritance, and other family matters according to Islamic law.
13. Elimination of Usury: To eliminate the evil of usury the government will initiate measures.
14. Unity of Islamic World: Under the 1973 Constitution, the Government of Pakistan is mandated to foster friendly relations with Islamic countries, aiming to promote brotherhood and unity in the spirit of Islam.

Key Features:

1. Structure of the constitution: The Constitution of 1973 is written and detailed. It has 280 articles classified into 12 chapters and 7 schedules.
2. Federal System: According to the constitution, Pakistan shall be a federation where the units or the provinces shall be autonomous.
3. Form of Government: The constitution introduced parliamentary form of government where prime minister shall be the head of the government at centre and president shall be the head of the state. Chief minister will be head of provincial government.
4. Bicameral System: The constitution of 1973 introduced bicameral system in the country called Majlis-e-Shura consisting of two houses Senate and National assembly (lower house). The National Assembly is directly (upper house) elected by the people on the basis of one man one vote for a term of 5 years. The senate is to be elected by the members of the National Assembly and concerned provincial assembly on the basis of proportional representation.
5. Direct Elections: The constitution introduced method of direct elections for national as well as provincial assemblies.
6. Independence of Judiciary: The constitution emphasizes the establishment of an independent judiciary, ensuring job security for judges. They are appointed by the President and can only be removed from office upon the recommendation of the Supreme Judicial Council.
7. Referendum: The constitution authorizes the president to hold referendum on any national issue.
8. Rule of Law: The 1973 constitution establishes rule of law in the country.
9. High Treason: According to the constitution, the act of abrogation or suspension of the constitution has been declared as act of high treason.
10. National Language: The national language of Pakistan is Urdu. Arrangements shall be made for its use in official and other purposes within fifteen years from the commencing day. Until such arrangements are made, the English language may be used for official purposes. Regional languages are also protected under the Constitution.
11. Single Citizenship: The Constitution established the principle of single citizenship. According to this principle the rights and responsibilities of citizens are determined by the federal constitution only. Thus, people throughout Pakistan are citizens of Pakistan.
12. Pakistan to be a Welfare State: The Constitution envisons the spirit of a welfare state. It provides that well-being of the people irrespective of their caste, gender, creed, race will be secured.

Reasons for the Failure of the Constitution of 1956:

• Political Instability:
  Frequent changes in governments and political conflicts weakened the parliamentary system.
• Weak Political Parties:
  Political parties lacked strong organization, unity, and effective leadership.
• Regional Differences:
  Political and economic differences between East and West Pakistan created serious tensions.
• Frequent Changes of Prime Ministers:
  Repeated changes in political leadership prevented the government from working effectively.
• Weak Democratic Institutions:
  Parliamentary institutions were not strong enough to maintain political stability.
• Military Intervention:
  On 7th October 1958, President Iskander Mirza abrogated the Constitution and imposed martial law. General Ayub Khan later took control.

Reasons for the failure of the constitutions of 1962:

• Excessive Presidential Powers:
  The Constitution gave the President extensive powers, making the system highly centralized.
• Limited Democracy:
  The Basic Democracies system provided indirect political representation and limited direct participation of the people.
• Weak Legislature:
  The National Assembly had limited influence compared with the powerful executive.
• Political Opposition:
  Opposition parties criticized the presidential system and demanded greater democratic participation.
• Regional Tensions:
  Differences between East and West Pakistan continued to create political dissatisfaction.
• Public Unrest:
  Growing opposition to Ayub Khan's government led to widespread political unrest.
• Imposition of Martial Law:
  In 1969, General Yahya Khan took power, imposed martial law, and abrogated the 1962 Constitution.

A Comparative Analysis of Constitutions of Pakistan: