Cameron Miranda
Pakistan's constitutional history has been marked by several key moments, including the adoption of its first constitution in 1956, which was later abrogated in 1958, followed by the imposition of martial law. The current constitution of Pakistan, enacted in 1973, outlines the country's political system as a federal parliamentary republic with Islam as its state religion. This constitution has undergone several amendments, including shifts in power dynamics between the parliament, Prime Minister, and President. The most recent impulses for political upgrades and reforms have led to amendments. The constitution also establishes a hierarchy within the judicial branch, with the Supreme Court at the top, followed by High Courts and lower courts in each province. It guarantees fundamental rights, including freedom of movement, speech, profession, and religion, as well as the right to life, liberty, and property.
| Characteristics | Values |
|---|---|
| Date of adoption | 23 March 1956 |
| First constitution framed by elected representatives | 1973 |
| Type of government | Federal parliamentary republic system |
| Parliamentary democracy | Yes, with executive power concentrated in the office of the prime minister |
| Official name of the country | Islamic Republic of Pakistan |
| State religion | Islam |
| Head of state | President, a Muslim acting on the advice of the prime minister |
| Legislature | Unicameral |
| Number of members | 300 |
| National languages | English, Urdu and Bengali |
| Judiciary | Independent |
| Apex court | Supreme Court |
| Fundamental rights | Freedoms of movement, speech, profession and religion, right to life, liberty, and property |
| Amendments | Twenty-Eighth (2017), Twenty-Ninth (2017), Thirtieth (2017), Twenty-Fifth (2017), Twenty-Sixth (2024) |
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What You'll Learn
The role of the President
The President of Pakistan is the head of state of the Islamic Republic of Pakistan. The president is the nominal head of the executive and the supreme commander of the Pakistan Armed Forces. The presidency is a ceremonial position, and the president is bound to act on the advice of the prime minister and cabinet. The president is elected indirectly by the Parliament of Pakistan for a term of five years.
The president's duties include protecting, defending, and preserving the constitution and the law. They appoint federal ministers and ministers of state from among the members of Parliament on the advice of the prime minister. The president also appoints advisers, caretaker prime ministers, and caretaker federal cabinets on the advice of caretaker prime ministers. They appoint the governors of provinces on the advice of the prime minister. The president appoints the chief election commissioner and members of the Election Commission of Pakistan after consultation with the prime minister and the leader of the opposition.
The president has the power to grant pardons, reprieves, and clemency in cases recommended to them by the executive and the judiciary. They enjoy complete immunity from criminal and civil proceedings under the 1973 Constitution. The president has the right to speak in parliament and can address the National Assembly to give direction to national policies. They can also summon sessions of parliament.
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Islamic law and the state religion
The Constitution of Pakistan designates the country as an Islamic Republic, with Islam as its state religion. It states that all laws must conform with the injunctions of Islam, as laid down in the Quran and Sunnah. This means that no laws can be passed that go against the teachings of the Quran and Sunnah.
The 1973 Constitution, created by an elected Parliament, established several institutions to interpret and apply Islam in the country. These include the Shariat Court, also known as the Federal Shariat Court, and the Council of Islamic Ideology. The Federal Shariat Court has the power to strike down any law deemed un-Islamic, but its rulings can be overruled by the Supreme Court of Pakistan.
The Constitution also limits the political rights of non-Muslims in Pakistan. Only Muslims can hold the offices of President or Prime Minister, and only Muslims can serve as judges in the Federal Shariat Court. However, non-Muslims have served as judges in the High Courts and the Supreme Court. Pakistan's main criminal code, the Pakistan Penal Code, punishes blasphemy against any recognised religion, with penalties ranging from fines to death.
While Islam is the dominant religion in Pakistan, with around 96-97% of the population identifying as Muslim, there are also significant minority religious groups. These include Hindus, Christians, Ahmadis, Baháʼís, Sikhs, Parsis, and Buddhists. The country has seen a rise in Islamisation, with strong public support for making Sharia law the official law of the land.
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The judiciary and fundamental rights
The Constitution of Pakistan outlines the country's political system as a federal parliamentary republic with Islam as its state religion. The judiciary in Pakistan is independent, with the Supreme Court as the apex court and final arbitrator of all decisions.
The Constitution guarantees fundamental rights, including equality of status, opportunity, and before the law, as well as social, economic, and political justice. Citizens of Pakistan are also ensured freedom of thought, expression, belief, faith, worship, and association, subject to law and public morality.
The right to education is also a fundamental human right in Pakistan. Article 25-A of the Constitution guarantees free and compulsory education for children aged 5-16. Other fundamental rights include freedom of movement, freedom of speech, freedom of the press, freedom to profess religion, and safeguards for religious institutions.
The Constitution also establishes the Federal Shariat Court, which has the jurisdiction to examine and decide whether any law or provision is repugnant to the injunctions of Islam. The Parliament cannot make laws contrary to the Constitution, but it can be amended by a two-thirds majority in both houses of the bicameral Parliament.
Amendments to the Constitution have been made over time, with the most recent impulses for political upgrades and reforms being addressed. The Twenty-sixth Amendment (2024), for example, amended provisions related to the higher judiciary, including the jurisdiction and appointment procedures for judges. The Twenty-eighth Amendment (2017) re-enacted expired provisions, while the Twenty-ninth Amendment (2017) introduced Executive Magistracy and reduced the minimum age of High Court judges.
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Historical context and amendments
The constitutional history of Pakistan is a complex and evolving narrative, with the country's lawmakers working towards formulating a constitution since its independence from the British Empire in 1947. The adoption of a constitution in India in 1950 incentivised Pakistan's lawmakers to expedite their efforts.
The first set of the constitution was promulgated on 23 March 1956, a day now celebrated as Pakistan's Republic Day. This constitution provided for a parliamentary form of government with a unicameral legislature, officially adopting the country's name as the "Islamic Republic of Pakistan". However, it was rejected by all Hindu minority parties and the largest Muslim political party from East Pakistan, leading to political instability and the imposition of martial law in 1958.
General Ayub Khan, the military dictator who took power, enacted a new constitution in 1962 through an executive order. This constitution gave Pakistan a parliamentary democracy with executive power concentrated in the office of the prime minister and a ceremonial head of state, the president.
The current constitution of Pakistan was enacted in 1973 by the third constituent assembly. It established a federal parliamentary republic system, recognising Islam as the state religion. This constitution created institutions such as the Shariat Court and the Council of Islamic Ideology to interpret and apply Islamic law. It also provided for a hierarchy of the judicial branch, with the Supreme Court at the top, followed by five High Courts.
The 1973 constitution has been suspended twice by military coups, first by General Zia-ul-Haq from 1977 to 1985 and then by General Musharraf from 1999 to 2002. During these periods, various orders were issued that affected the constitution, with some amendments shifting power from the parliament and prime minister to the president. The constitution was restored in 1985 and 2002, with subsequent amendments continuing to shape the distribution of power.
Since its restoration, the constitution has undergone several amendments. Notable examples include the Eighteenth Amendment in 2010, which reduced presidential powers and returned the government towards a parliamentary democracy, and the Twenty-Fifth Amendment in 2017, which increased pension payments to widows of Supreme Court and High Court judges. The most recent amendment mentioned in the sources is the Twenty-Sixth Amendment in 2024, which amends provisions related to the higher judiciary, including the jurisdiction and appointment procedures for judges.
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Parliamentary democracy and executive power
Pakistan's constitution has undergone several amendments since its independence from the British Empire in 1947. The country's first constitution was promulgated in 1956, but it failed to arrest political instability and was abrogated in 1958, leading to the imposition of martial law. The current constitution, enacted in 1973, establishes a federal parliamentary democracy with executive power concentrated in the office of the prime minister.
The 1973 constitution was the first in Pakistan to be framed by elected representatives. It gave the country a parliamentary democracy and limited the role of the president to acting on the advice of the prime minister. The constitution also created institutions such as the Shariat Court and the Council of Islamic Ideology to ensure that all laws conform with the injunctions of Islam as laid down in the Quran and Sunnah.
The executive authority of the federation is exercised in the name of the president by the federal government, consisting of the prime minister and the federal ministers, who act through the prime minister as the chief executive. The prime minister is generally the leader of the party or coalition with the most number of seats and is selected by a vote of the National Assembly. The president, who is required to be a Muslim, is elected for a five-year term by an electoral college consisting of the members of both houses of parliament and the four provincial assemblies. The constitution prohibits the president from directly running the government, and the executive power is exercised on his behalf by the prime minister, who keeps him informed on all matters of internal and external policy and legislative proposals.
The eighteenth amendment, passed in 2010, restored parliamentary democracy and reduced the presidency to a ceremonial position. It removed many of the constitutional distortions of previous military regimes and enhanced fundamental rights. The amendment also laid the foundations for more transparent and accountable governance through the devolution of power from the centre to the provinces.
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Frequently asked questions
The constitutional law of Pakistan is the set of basic principles and laws that outline the country's system of governance and the rights of its citizens. The current constitution was enacted in 1973 and establishes Pakistan as a federal parliamentary republic with Islam as its state religion.
Pakistan's constitution outlines a federal parliamentary system with a bicameral parliament, consisting of the National Assembly and the Senate. It establishes Islam as the state religion and stipulates that all laws must conform with Islamic injunctions as laid down in the Quran and Sunnah. The constitution also provides for fundamental rights, including freedoms of movement, speech, profession, and religion, as well as the right to life, liberty, and property.
The 1973 constitution has been amended numerous times. Notable amendments include the Eighth Amendment (1985), which shifted power from the parliament and Prime Minister to the President, and the Eighteenth Amendment (2010), which reduced presidential powers and returned the government to a more parliamentary-style democracy. The most recent amendment, the Twenty-Ninth Amendment, was presented in the National Assembly in 2017.
The constitution establishes a hierarchy of the judicial branch with the Supreme Court of Pakistan at the top, followed by five High Courts, and lower courts in each province. It also created institutions such as the Federal Shariat Court and the Council of Islamic Ideology to interpret and apply Islamic law. The constitution designates the President as the ceremonial Head of State, with the power to declare a state of emergency.
