The constitutional and political history of Pakistan reflects a complex journey shaped by colonial legacies, democratic aspirations, military interventions, and evolving constitutional frameworks. Since its creation in 1947, Pakistan has undergone multiple constitutional changes and political transformations that continue to influence its governance, civil-military relations, and democratic institutions.
This article provides a detailed and chronological overview of Pakistan’s constitutional development and political evolution, offering valuable insights for students, researchers, and readers interested in South Asian politics.
Background: Colonial Legacy and the Demand for a Separate State
To understand the constitutional and political history of Pakistan, it is essential to examine the late colonial period of British India. Muslim political representation was a major concern due to fears of marginalization in a Hindu-majority independent India.
The All-India Muslim League, under the leadership of Muhammad Ali Jinnah, advocated constitutional safeguards for Muslims. The failure of constitutional arrangements such as the Cabinet Mission Plan (1946) eventually led to the demand for a separate homeland.
On 14 August 1947, Pakistan emerged as an independent state, consisting of two geographically separated wings: West Pakistan and East Pakistan (now Bangladesh).
Early Constitutional Challenges (1947–1956)
Absence of a Permanent Constitution
At independence, Pakistan lacked a constitution of its own and initially adopted the Government of India Act 1935 as an interim constitutional framework. This act, however, was designed for colonial governance and proved inadequate for a sovereign democratic state.
Objectives Resolution 1949
One of the most significant milestones in Pakistan’s constitutional history was the Objectives Resolution, passed by the Constituent Assembly in 1949. It laid down the foundational principles of the future constitution, emphasizing:
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Sovereignty of Allah
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Democratic governance
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Protection of minority rights
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Islamic principles of justice and equality
The Objectives Resolution later became a substantive part of Pakistan’s constitutions.
The Constitution of 1956: First Constitutional Experiment
In 1956, Pakistan adopted its first constitution, officially declaring itself the Islamic Republic of Pakistan.
Key Features
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Parliamentary system
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Federal structure
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Bicameral legislature
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Fundamental rights for citizens
Despite its democratic framework, political instability and frequent changes in government weakened the system. The constitution remained in force for only two years.
Military Rule and the Constitution of 1962
First Martial Law (1958)
In 1958, President Iskander Mirza abrogated the 1956 Constitution and imposed martial law, soon replaced by General Ayub Khan as the country’s ruler. This marked the first military intervention in Pakistan’s political history.
Constitution of 1962
The 1962 Constitution, introduced under Ayub Khan, replaced parliamentary democracy with a presidential system.
Salient Features
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Strong executive presidency
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Indirect elections through Basic Democracies
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Centralized authority
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Reduced role of political parties
While it brought administrative stability, the constitution faced criticism for undermining democratic norms.
Political Crisis and the Separation of East Pakistan
The 1960s political tensions intensified due to economic disparities and political marginalization of East Pakistan. The 1970 general elections, Pakistan’s first nationwide elections, resulted in a clear victory for the Awami League in East Pakistan.
The refusal to transfer power led to political deadlock, civil unrest, and eventually the 1971 war, resulting in the independence of Bangladesh. This event profoundly impacted Pakistan’s political and constitutional trajectory.
The Constitution of 1973: Democratic Consensus
The 1973 Constitution represents a landmark achievement in Pakistan’s constitutional history. Drafted under Prime Minister Zulfikar Ali Bhutto, it was adopted by consensus among major political parties.
Key Characteristics
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Parliamentary form of government
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Federal system with provincial autonomy
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Bicameral legislature (National Assembly and Senate)
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Fundamental rights and independent judiciary
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Islam as the state religion
The 1973 Constitution remains Pakistan’s supreme law, albeit with numerous amendments.
Military Intervention and Constitutional Amendments (1977–1988)
Martial Law under General Zia-ul-Haq
In 1977, General Zia-ul-Haq overthrew Bhutto’s government and imposed martial law. This period significantly altered Pakistan’s political landscape.
Islamization and the Eighth Amendment
The Eighth Constitutional Amendment (1985) transformed the political system by:
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Strengthening presidential powers
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Allowing dismissal of elected governments
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Legalizing military rule
This amendment introduced instability by enabling repeated dissolutions of the National Assembly.
Democratic Transition and Political Instability (1988–1999)
Following Zia’s death in 1988, Pakistan returned to civilian rule. However, the political system remained fragile.
Key Developments
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Alternating governments of Benazir Bhutto and Nawaz Sharif
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Frequent dissolutions of parliament under Article 58(2)(b)
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Weak institutions and governance challenges
Thirteenth Amendment (1997)
The Thirteenth Amendment removed presidential powers to dissolve parliament, restoring parliamentary supremacy.
Military Rule under General Pervez Musharraf (1999–2008)
In 1999, General Pervez Musharraf seized power in a military coup, suspending the constitution.
Legal Framework Order (LFO)
Musharraf introduced constitutional changes that:
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Restored presidential authority
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Weakened parliamentary oversight
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Centralized power
Despite holding elections in 2002, real authority remained with the military leadership.
Democratic Consolidation and Constitutional Reforms (2008–Present)
The return to civilian rule in 2008 marked a new phase in Pakistan’s political history.
Eighteenth Amendment (2010)
The Eighteenth Amendment is considered one of the most transformative constitutional reforms. It:
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Restored parliamentary democracy
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Strengthened provincial autonomy
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Limited presidential powers
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Reaffirmed judicial independence
This amendment significantly rebalanced Pakistan’s federal and political structure.
Role of Judiciary and Civil-Military Relations
The constitutional and political history of Pakistan is deeply influenced by:
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Judicial validation of military takeovers through the “Doctrine of Necessity”
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Persistent civil-military power imbalance
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Expanding role of judiciary in political matters
Judicial activism in recent years has reshaped constitutional interpretation and governance.
Current Constitutional Challenges
Despite progress, Pakistan continues to face constitutional and political challenges, including:
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Political polarization
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Electoral reforms
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Governance and accountability issues
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Center-province relations
The durability of democratic institutions depends on constitutional adherence and political maturity.
Conclusion
The constitutional and political history of Pakistan is a narrative of struggle between democratic ideals and authoritarian interruptions. From early constitutional experiments to military interventions and eventual democratic reforms, Pakistan’s journey highlights the importance of constitutional continuity and political stability.
Understanding this history is essential for appreciating Pakistan’s current political dynamics and future prospects. The 1973 Constitution, strengthened by later amendments, remains the cornerstone of Pakistan’s democratic framework, offering a foundation for institutional growth and national cohesion.