Why the 1956 Constitution of Pakistan Failed
The 1956 Constitution of Pakistan marks a significant chapter in the nation's historical development, but it ultimately failed to achieve its intended goals. This article delves into the key factors that contributed to the downfall of this Constitution and highlights why it remains an essential subject for political and constitutional discourse.
Salient Features of the 1956 Constitution
The 1956 Constitution of Pakistan was a comprehensive document designed to govern a nascent democratic republic. It included several salient features that were reflective of the country's political and social conditions. Notably, it was a written and lengthy constitution with 234 articles and six schedules, making it one of the most extensive constitutions in the world at the time.
Islamic Provisions and Federal Structure
One of the most distinctive features of the 1956 Constitution was its strong Islamic leanings. The inclusion of the Preamble, which acknowledged God's sovereignty, and the inclusion of the Objectives Resolution aimed to ensure that the Islamic principles would be integral to the state's policies. The constitution declared the President of Pakistan to be a Muslim and protected non-Muslim citizens, thus creating a unique mechanism for religious and social pluralism.
Features of the Federal System
The constitution incorporated a federal structure, dividing legislative powers into three lists: federal, provincial, and concurrent. The Federal List had 30 subjects, the Provincial List had 94 subjects, and the Concurrent List had 19 subjects. This division was designed to decentralize authority and meet the demands of provincial autonomy, although the central government retained the power to override provincial laws in case of conflict.
Under the parliamentary system, all ministers were members of the National Assembly and were collectively responsible to the National Assembly. The President served as the Head of State while the Prime Minister was the Head of Government, symbolizing a clear separation of powers.
Role of the President
The President was elected by members of the National and Provincial Assemblies for a five-year term. The President had significant powers, including summoning, proroguing, or dissolving the National Assembly on the advice of the cabinet. The President could also address the National Assembly and issue ordinances, serving as the supreme commander of the armed forces.
Legislature and Independence of Judiciary
The 1956 Constitution established a unicameral legislature known as the National Assembly, consisting of 300 members directly elected by the citizens on a parity basis for a term of five years. There were also 10 reserved seats for women for a period of 10 years. The judiciary enjoyed a high degree of independence, with the Supreme Court vested with the power to interpret the constitution and adjudicate disputes between the central and provincial governments.
The directive principles of state policy, which were intended to guide the government's actions, were included in Part III of the constitution. These principles covered a wide range of issues, including the enforcement of socio-economic justice, the eradication of poverty, and the protection of minority rights.
Failure of the Parliamentary System
Despite its comprehensive structure, the 1956 Constitution faced significant challenges. One of the primary reasons for its failure was a lack of leadership. The nascent democratic system struggled to develop a stable and effective political leadership. This lack of strong and capable leadership hindered the implementation and sustenance of constitutional principles and parliamentary governance.
Economic and Political Instability
In addition to the lack of leadership, the 1956 Constitution was unable to withstand economic crises and political instability. Economic challenges, including inflation and a failing economy, exacerbated the constitutional and political challenges. These economic issues further strained governmental stability, leading to frequent changes in leadership and policies that undermined the foundational principles of the constitution.
No General Elections
A notable aspect of the 1956 Constitution was the fact that no general elections were held during its lifetime. This lack of representative democracy and renewability weakened the legitimacy of the government and the constitution itself, as it failed to reflect the changing needs and aspirations of the Pakistani people.
Conclusion
The 1956 Constitution of Pakistan, though well-intended, faced inherent challenges from its inception. The failure of the parliamentary system, coupled with economic and political instability, contributed to its ultimate non-functionality. Understanding these factors is crucial for comprehending the evolution of Pakistan's constitutional history and the ongoing quest for effective governance and stability.