Constitutions
of Pakistan
What is Constitution?
 Constitution is a set of laws/principles
may be written or unwritten on which a
country is acknowledged to be
governed.
 The system of fundamental laws and
principles that prescribes the nature,
functions, and limits of a government or
another institution.
 body of rules which regulates the system
of government within a state.
Cont…..
 In Muslim states, particularly Pakistan,
laws are not derived from the constitution
but from the Almighty Allah who has
revealed them in his book and which have
been interpreted and explained by Holy
Prophet Mohammad (‫ )ﷺ‬through his
sayings. Conduct and actual practice. For
practical purpose we can assume that laws
which are not repugnant to the holy Quran
and Sunnah have to be framed under the
authority of the constitution and cannot be
antagonistic to its command and spirit.
Forms of Constitution
 Written
 Unwritten
 Partly written
Islamic point of view about
constitution
 The
first Muslim constitution
was
promulgated by the holy prophet of Islam
Mohammad (‫ )ﷺ‬when he migrated to
madina and foundation was laid for the
government of a city state. This constitution
was framed and put into effect with the full
consensus of not only the followers of the
prophet Mohammad (‫ )ﷺ‬but also had the
concurrence of the Jews and other nonconverts.
Constitution making 1947 to
1956
 The modified Government of India
Act (1935) became the Interim
Constitution of Pakistan in 1947.
 The Constituent Assembly (CA) was
given the task of framing the
Constitution.
Constituent Assembly
 Pakistan's first Constituent Assembly came
into being on July 26, 1947 and its inaugural
session was held on August 10, 1947.
 On March 12, 1949, the Constituent Assembly
adopted the Objectives Resolution,
enumerating the ideals on which the future
Constitution had to be formulated.
 The Assembly also appointed on the same
date a Basic Principle Committee (BPC) to
work out the principles on which the
Constitution was to be drafted.
Objective Resolution
 The Objectives Resolution was a resolution
adopted on March 12, 1949 by the
Constituent Assembly of Pakistan.
 The resolution, proposed by the Prime
Minister, Liaquat Ali Khan, proclaimed that
the future constitution of Pakistan would not
be modeled entirely on a European pattern,
but on the ideology and democratic faith of
Islam.
Constitution of 1956
 The main points of this constitution are as follows:
 Pakistan was to be federal republic based on Islamic




Ideology.
A detailed and comprehensive list of fundamental
rights with an Independent Judiciary was provided in
the constitution.
The system of the parliamentary form of
government was adopted both at the Centre and in
the provinces.
There was distribution of powers between the
Centre and the provinces.
The constitution provided for Pakistan, wherein
equality between East and West wings had been
maintained.
 For the distribution of subjects between the
centre and the provinces, three lists of
subject had been drawn up.
 There was a special procedure to be adopted
for the amendment of the constitution, yet it
was the least rigid constitution. It was
reasonably flexible.
 It had provided for two National languages
Urdu for the West Pakistan and Bengali for
the East Pakistan.
 Instead of double citizenship, one
citizenship system was provided for the
Federation of Pakistan.
 The constitution was silent as to be
method of conducting elections both for
the Central and the Provincial
legislatures.
 And finally, there were the Islamic
characters of the constitution.
Constitution 0f 1956
 Pakistan was to be federal republic based on
Islamic Ideology.
 A detailed and comprehensive list of
fundamental rights with an Independent
Judiciary was provided in the constitution.
 The system of the parliamentary form of
government was adopted both at the Centre
and in the provinces.
 There was distribution of powers between the
Centre and the provinces.
 The constitution provided for Pakistan,
wherein equality between East and West
wings had been maintained.
Islamic provisions of the 1956
constitution
 The name of the country will be Islamic
republic of Pakistan.
 The preamble of the constitution
embodied the sovereignty of God
Almighty.
 The Head of the State shall be a Muslim.
 Islamic Advisory Council shall be set up.
 No Law detrimental to Islam shall be
enacted
ISLAMIC PROVISIONS OF 1973
CONSTITUTION
INTRODUCTION
• On 7th April,1972 the national assembly of Pakistan
appointed a committee to prepare a draft of the
permanent constitution of Pakistan.
• A bill to provide a constitution was introduced by
the committee in the Assembly on February
2,1973.The Assembly passed the bill on 19th
April,1973 and at last the constitution came into
force on 14th August 1973.
The present constitution (1973) provides for the
protection and preservation of Islamic Concept of
life.It also attempts to propagate and implement
the basic teachings of Islam.
1. Islamic Republic of
Pakistan
 Pakistan shall be known as:
"Islamic Republic of Pakistan".
2. State Religion
Islam shall be the state religion of
Pakistan.
3. Sovereignty Belongs to
Allah
 Sovereignty over the entire Universe
belongs to Almighty Allah and the
authority bestowed by him on men is a
sacred trust which the people of
Pakistan will exercise with the limits
prescribed by Quran and Sunnah.
4. Definition of a Muslim
 The constitution also gives the
definition of a Muslim. A person who
believes in Tauheed or Oneness of
Allah, and in the prophet hood of
Hazrat Mohammad (P.B.U.H) as the
last prophet of Allah has described
as a Muslim.
5. A Muslim
to be a President and Prime
Minister
 The constitution laid down that
only Muslims shall be elected
president and Prime Minister of
Pakistan.Non non-Muslim could
hold these offices.
6. Islamic way of life
 Steps shall be given to enable
the Muslims of Pakistan to order
their lives in accordance with the
fundamental principles and basic
concepts of Islam.
7. Promotion of Social Justice
and Eradication of Social Evils
 The State shall take necessary steps for
prosecution of social justice and
eradication of social evils and shall
prevent prostitution, gambling and
taking of injurious drugs, printing,
publication, circulation and display of
obscene literature and advertisements.
8. Teachings of Holy Quran
 The state shall try to make the
teachings of Holy Quran and
Islamiyat compulsory to
encourage and facilitate the
learning of Arabic language.
9. Strengthening Bond,
with Muslim World
 The state shall endeavour to strengthen
fraternal relations among Muslim
countries in order to promote Islamic
unity.
10. Council of Islamic
Ideology
 There is a council of Islamic Ideology which
shall guide the government in respect of
Islamic teachings, their implementation and
propagation. Its chairman and members are
appointed by President. Although its advice is
not binding on the government yet it is not
easy for any government to ignore or over
rule its suggestion or opinion regarding any
law.
11. Error Free Publication of
Quran
 The government shall endeavour to
secure correct and exact printing
and publishing of the Holy Quran.
12. Learning of Arabic
Language
 It is also declared in the
constitution that special facilities
shall be provided for the learning
of Arabic languages.
13. Protection of Islamic
Values
 It is also stated in the constitution that
Islamic values shall be protected in the
country.
14. Oath to Project and Promote
Islamic Ideology
 The federal and Provincial Ministers, the
Speaker and Deputy Speaker of the National
and Provincial Assemblies, the chairman of
the Senate and the Governors and Chief
Ministers of the Provinces also take oath to
preserve and protect the Islamic Ideology.
15. Proper Organization Of
Zakat, Auqaf and Masjid
 The state shall Endeavour, as
respects the Muslim of Pakistan
secure the proper organization of
zakat, Auqaf and Masjid.
16. Existing Law shall be
Brought into Conformity with
Islam:
 An important Islamic provisions
declared that no law shall be enacted
which is repugnant to the injunctions of
Islam as laid down in the holy Quran and
the Sunnah and that existing laws shall
be brought into conformity within
injunction of Islam as laid down in
the holy Quran and Sunnah.
17. Interest Free Banking
 It was emphasized in
the constitution that all steps will
be taken to introduce interest
free banking system in the
country in the light of Islam.
18. Ahmadi's: A Non Muslim
Minority
 According to the second
amendment of 1973 constitution,
the Qadiani group or the Lahori
group who call themselves
"Ahmadi‘s" were declared as
Non-Muslim minority.
19. Protection of Minorties:
 The State might protect the real
rights and interest of minorities.
20. Welfare State
 In the constitution of 1973 the
concept of a welfare state has
been adopted according to
Islamic teachings.
CONCLUSION
 The 1973 constitution enlisted the main
principles of State Policy Maximum efforts
were made to improve the character of
this Constitution. Like other constitutions,
1973 constitution of Pakistan also provides
for the protection, propagation and
enforcement of Islamic Ideology.
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