A Brief Background Constitutional History:
By the end of World War II, the British imperial government granted independence to its Indian colony and for that matter the British Parliament enacted the Indian Independence Act, 1947. Under the Act, the British Crown relinquished its sovereign powers over India and transferred those powers to the newly established dominions of India and Pakistan on 14 August 1947. The Government of India Act, 1935, hitherto the constitution of British India, was amended to bring it in consonance with the aims and objectives of independence as laid down in the 1947 Act. The combination of these two constitutional instruments served as an interim constitutional order for both countries until their respective constituent assemblies adopted their own constitutions.
The Process of Adoption of the Current Constitution:
In the constitution making processes in the three constituent assemblies of Pakistan (1947-1954, 1955-1956, 1972-1973), producing the 1956 and (current) 1973 constitutions, the Islamic character of the state and federalism were the two vexatious questions that prevented the forging of consensus amongst ethnonational groups on constitutional design of the instruments that have governed the polity thus far.
Federal discourse in Pakistan has been and continues to be structured by two antithetical visions of identity, both articulated by two competing forces. The centripetal forces, representing the state elites, have aimed at creating a homogeneous society and a monolithic national identity, employing Islam as a unifying force in the service of building a centralized Muslim Nation State, despite the multi-ethnic and deeply divided character of the society. The centrifugal forces, representing the diverse ethnic, linguistic, cultural and regional groups, on the other hand, have been pushing back against the officially sponsored nation- and state-building project and making counter-demands for constitutional recognition of the multi-ethnic character of the polity and their accommodation in a multinational framework within a decentralized federal order. The diverging visions have not only structured the federal discourse but also shaped the design of all constitutional instruments.
Timeline
August 1947 | The Objective Resolution - the first document of constitutional nature – introduced and adopted by the first Constituent Assembly amid opposition from the Pakistan National Congress, the only opposition party consisting of Hindu minority from East Pakistan. | |
March 1949 | The Objective Resolution – the first document of constitutional nature – introduced and adopted by the first Constituent Assembly amid opposition from the Pakistan National Congress, the only opposition party consisting of Hindu minority from East Pakistan. | |
September 1950 | Interim Report of the Basic Principle Committee introduced in the Constituent Assembly, but due to public opposition from Bengal and Punjab on the federal formula, debate on the report postponed. | |
December 1952 | Basic Principle Committee Report is introduced in the assembly for discussion. | |
September 1954 | Report of the Basic Principle Committee is adopted as the draft constitution. | |
October 1954 | First Constituent Assembly is dissolved by the Governor-General Ghulam Muhammad. | |
June 1954 | Indirect elections held / nominations made to the second Constituent Assembly. | |
September 1955 | One-Unit constituted, combining the four provinces and ten princely states of West Pakistan. | |
February 1956 | 1956 Constitution promulgated. | |
October 1058 | 1956 Constitution is abrogated and martial law imposed. General Ayub Khan takes over the reins of power. | |
June 1962 | General Ayub Khan promulgates the 1962 Constitution through an executive order. | |
March 1969 | General Ayub Khan steps down and hands over the reins of power to his successor General Muhammad Yahya Khan who imposes second martial law in the country. | |
March 1970 | One-Unit is dismantled and Legal Framework Order is issued to serve as the interim constitution. | |
December 1970 | First general elections on adult franchise were held in the country. | |
December 1971 | East Pakistan secedes after a brief and bloody civil war, General Yahya Khan steps down and Mr. Zulfiqar Ali Bhutto takes over as the first civilian martial law administrator. | |
March 1972 | First Tripartite Accord between the Pakistan Peoples Party and the coalition of National Awami Party and Jamiat-ul-Ulema Pakistan. | |
April 1973 |
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July 1977 | 1973 constitution suspended, central and provincial governments dismissed and legislative assemblies dissolved by General Ziaul Haq by staging a military coup. | |
March 1985 | 1973 Constitution is restored in amended form by General Ziaul Haq through the ‘Revival of the 1973 Constitution Order, 1985’. Elections on non-party basis held. | |
November 1985 | Parliament passed the 8th Amendment to 1973 Constitution giving legal and constitutional cover to the suspension of the constitution and all acts of General Ziaul Haq between the suspension and restoration of the constitution. | |
April 1997 | The civil government of Nawaz Sharif restored some powers of the Prime Minister under the 1973 constitution which were taken away by 8th Amendment and also took away power of the President to dissolve the National Assembly in his discretion. | |
October 1999 | General Musharraf launches the third military coup, suspends the constitution, dismisses the federal and provincial governments, assumes the office the Chief Executive, declares state of emergency and promulgates the Provincial Constitutional Order, 1999. | |
June 2001 | Musharraf assumes the office of the President of Pakistan. | |
August 2002 | Musharraf issued the Legal Framework Order, 2002, providing for the general elections of 2001, restoration of the 1973 constitution with numerous amendments. | |
December 2003 | Parliament passed the 17th Amendment in the 1973 constitution, incorporating the Legal Framework Order, 2002 into the constitution, reversing the 13th Amendment by bringing the Prime Minister and National Assembly, once again, under the thumb of the President, which office was occupied by General Musharraf. | |
November 2007 | Musharraf issued another Legal Framework Order No.1 of 2007, assuming to himself the power of amending the constitution, and suspending the fundamental rights. He steps down as the military chief and is sworn as the President for the third term. | |
February 2008 | General elections held in the country, in which General Musharraf’s supported party was defeated. | |
August 2008 | Musharraf resigns from the office of President under intense pressure and ahead of impeachment charges. | |
April 2010 | 18th Amendment, removing discretionary powers of the President to dissolve the national assembly and restoring to the office of Prime Minister all powers under the constitution that were taken by the military dictators General Ziaul Haq and Mussharaf, and turning Pakistan from a semi-presidential to parliamentary system. Detailed Reading available in PDF. Format: Pdf Total Files: 04  File Size: 2.5 MB  |
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