1956 Constitution, Feature, Islamic Provision,Causes Of Failure,Critical Analysis

 Chaudhary Muhammad Ali was sincere and experienced politician who gave his sincere efforts in constitution making process. He present draft of the first constitution on Pakistan in second constitution assembly in February 29, 1956. Then it was presented to Iskandar mirza who ratified it on March 2, 1956. Thus the first constitution of Pakistan come into being after nine year of nation independence. Finally the constitution was implemented on March 23, 1956.

1956 constitution features

Written constitution 

It was the written document, which consists of 234 article, 3 parts and 6 schedules.

Objective resolution was added in the constitution as its part. Which declared that all power belongs to God.

 Semi rigid constitution 

It was semi rigid constitution which mean that it was so difficult to make amendment to it, only 1/3 majority of the assembly could make it.

Federal government 

It was consisted of president, prime minister,, national assembly federal cabinet,  supreme court, chief of army, navy and air force. There were three list of subject federal list, provincial list and concurrent list.

Parliament 

The constitution consist of unicameral legislature which was known as national assembly. It was consists of 300 members. Out of these, 150 members elected from East Pakistan and 150 from west Pakistan.it was mandatory to hold two session of assembly one a year, one was held in Decca while the other was held in Karachi.

Independence of judiciary

The constitution established independent judiciary which was consists of Supreme Court, high court (one in east and one in West Pakistan), and lower courts. According to the constitution Supreme Court was the highest court of the Pakistan. It also translate constitution with the request of federal and provincial authority. Moreover two high courts were established in Decca and Karachi. Judges of these courts were appointed by the president of Pakistan.

Fundamental rights 

It lented fundamental rights to the citizen of Pakistan irrespective of cast, creed and religion. These right include freedom of speech, assembly, association, to hold property, education, to practices their religion, to earn live hood, safeguard against forces labor etc.

National language 

It granted national language status to both Urdu and Bengali. Moreover it declared English as official language of Pakistan for the period of 25 year.

Presidential foam of government

The constitution introduced presidential foam of government, it mean president was the head of state.

Eligibility criteria 

He must be a Muslim.

Powers of the president according to 1956 constitution

He could chose prime minister of Pakistan.

He could chose provincial governors, judges of supreme and high court and auditor general and attorney general.

He could implement emergence in the country.

He had the power to reduce punishment given by any court of Pakistan.

He had the authority to call session of Pakistan and to dissolve national assembly.

Islamic provision of the constitution

• Country name as Islamic republic of Pakistan.

• Through objective resolution it was declared that sovereignty belongs to Allah.

• President of Pakistan must be a Muslim (article 32).

• No un-Islamic law would be enacted in Pakistan (article 198).

• It included provision for the establishment of Islamic research institute. 

• It declared that country would set up Islamic advisory council.

• It was declared that Pakistan is a Islamic country so it has to established good relations with Islamic countries.

• All citizen of the country are free to profess their religion(article 18)

Causes of failure of the constitution

o Multi part system

        Multi party was one of the main cause of failure of 1956 constitution because due to it the lost       unity, every party of Pakistan tried to protect its own interest instead of nation.

o Corrupted politician

The politician were insincere, they preferred their personal interest instead of national interest.

o One unite

The constitution president one unity scheme, which was against interest of West Pakistan so they refuse to accept it.

o Economic crises

Due to geographic, military, administrative the country come under severe economic crises. The circumstance lead country toward poverty, unemployment, bribery. Politician exploited the situation at the cost of democratic values. Thus people lost faith in constitution.

o Lack of constitution tradition

It lacked constitution tradition because it had inherit bureaucratic tradition. Moreover it had to make its own constitution. Corrupted politician convince military to implement martial law in the country saying the constitution is incapable to run the country.

Critical analysis of 1956 constitution

1. Absence of Islamic provision

               No law was made to make Islam as Pakistan religion.

2. Interpretation of Quran and Sunnah

             Translation of Quran and Sunnah referred to legislative assembly rather than theologian.

3. Power delegated to people

           Power delegated to people of Pakistan and the people of Pakistan could be Muslim or non-Muslim.

4. Rejection of east Pakistan

       East Pakistan reject the constitution because of two reason first was that they want representation         on government on the base of population because they were more than West Pakistan. Second is that they want that Islamic should declare state religion while that that time rulers were not willing to do it.