The Salient Features and Tragic End of the 1956 Constitution of Pakistan
Often forgotten in the annals of legal history, the 1956 Constitution of Pakistan carried significant features that shaped the early political landscape of the country. Unfortunately, its promising beginnings were marred by political instability and internal turmoil leading to its eventual failure. This article explores the salient features of this constitution and the reasons for its downfall.
Salient Features of the 1956 Constitution of Pakistan
The 1956 Constitution of Pakistan was a written and lengthy document comprising 234 articles and six schedules, making it one of the lengthiest constitutions in the world. Key features include:
A Written and Lengthy Document
The constitution was meticulously drafted and detailed in nature, regulating the activities and jurisdiction of both the central and provincial governments. Unlike the United States, where federating units had their separate constitutions, the constitution of Pakistan ensured a centralized legal framework.
Islamic Provisions
The constitution incorporated Islamic principles and provisions, acknowledging the sovereignty of God on the universe. The Objective Resolution, included in the preamble, asserted that Muslims of Pakistan should strive to implement the teachings of the Quran and Sunnah. The constitution also stipulated that the President must be a Muslim, while non-Muslim citizens were protected and considered as citizens of Pakistan.
Federation and Legislative Lists
The 1956 Constitution established a federal system, with three legislative lists: Federal List, Provincial List, and Concurrent List. The Federal List contained 30 subjects, the Provincial List 94 subjects, and the Concurrent List 19 subjects. Both the central and provincial legislatures could make laws on Concurrent subjects, with the central law prevailing in case of conflict. Residual powers were given to the provinces to decentralize authority and meet the demands of provincial autonomy.
Parliamentary Form of Government
The constitution adopted a parliamentary form of government. Ministers held office only if they retained the confidence of the majority in the National Assembly. They were individually and collectively responsible to the parliament and had to participate in its proceedings. The National Assembly had the power to pass a vote of no confidence against the ministry. The President was the Head of State, while the Prime Minister was the Head of Government. The National Assembly consisted of 300 members directly elected for a 5-year term, with 10 seats reserved for women.
Presidential Authority and Functions
The powers of the President included summoning, proroguing, or dissolving the National Assembly, addressing the assembly, and sending messages to it. The President also held limited veto power over laws passed by the National Assembly and absolute veto power over provincial laws. He could issue ordinances and serve as the supreme commander of the armed forces.
Independent Judiciary
The constitution provided for the independence of the judiciary. The Supreme Court was the apex court, entrusted with interpreting the constitution and adjudicating disputes between the federal government and provincial governments. The constitution aimed to protect the independence of the judiciary and ensure a single hierarchical court network across the country.
Directive Principles of State Policy
Part III of the constitution included Directive Principles of State Policy, which were essentially codes of constitutional morality. These principles aimed to eradicate poverty, provide equal facilities for welfare, protect the rights of minorities, eliminate illiteracy, and enforce socio-economic justice. The government was mandated to act accordingly.
fundamental rights and official language
The constitution enshrined fundamental rights to all citizens, including freedom of speech, expression, thought, and action, the right to move freely, the right to privacy, and the right to life and personal security. Both Urdu and Bengali were declared official languages of Pakistan, with English adopted as the language for official business for 25 years.
Causes of Its Failure
The 1956 Constitution of Pakistan failed for several reasons, primarily due to a lack of political leadership and economic instability:
Lack of Leadership
A key factor in the failure of the parliamentary system under the 1956 constitution was the absence of effective leadership. Due to the lack of capable and experienced political leaders, Pakistan could not effectively develop and implement its parliamentary system. This deficiency ultimately contributed to the downfall of the 1956 constitution.
Economic Crisis
The country faced substantial economic challenges, which further exacerbated political instability. Economic difficulties hindered efforts to establish and maintain the constitutional framework, leading to its eventual collapse.
Lengthy Constitution
While the length and detail of the constitution were admirable, they also contributed to its failure. A lengthy constitution can be cumbersome to navigate and enforce, leading to inefficiencies and delays in governance.
No General Elections Conducted
The absence of general elections under the 1956 constitution also played a significant role. Without regular democratic processes, the government lacked accountability and legitimacy, leading to internal conflicts and unrest.
Despite its well-intentioned features and promising beginnings, the 1956 Constitution of Pakistan ultimately failed due to a combination of leadership shortages, economic strain, and procedural complexities. This historical episode provides valuable lessons for the development and implementation of constitutional frameworks in emerging democracies.