1. Introduction
The birth of Pakistan in August 1947 was met with immense hope and daunting challenges. Among the most critical tasks facing the nascent nation was the framing of a constitution. For nine years, Pakistan operated under the modified Government of India Act, 1935, a colonial relic ill-suited to the aspirations of an independent, Islamic republic.8 This prolonged constitutional vacuum fueled political instability, hindered national cohesion, and delayed the establishment of a fully functional democratic system. It was against this backdrop that the first indigenous Constitution of Pakistan was finally promulgated on March 23, 1956, transforming the Dominion of Pakistan into the Islamic Republic of Pakistan. This document, a culmination of years of arduous debates and compromises, was envisioned as the foundational legal framework for the new nation. However, its life was tragically short, abrogated by Martial Law on October 7, 1958, after a mere two years and seven months. Understanding its key provisions, its inherent strengths and weaknesses, and the multifarious factors contributing to its swift demise is crucial for comprehending Pakistan's challenging constitutional journey.
2. Historical Context and the Road to 1956
The path to the 1956 Constitution was fraught with political turmoil, regional disparities, and fundamental disagreements.
2.1. The First Constituent Assembly and its Challenges (1947-1954)
The First Constituent Assembly (CA), initially tasked with drafting the constitution and acting as the interim parliament, struggled to find consensus. Key issues included the nature of the state (Islamic vs. Secular), federal structure, provincial autonomy, distribution of powers, national language, and representation between the two wings (East and West Pakistan).
2.2. The Objectives Resolution (1949) as a Foundation
Moved by Prime Minister Liaquat Ali Khan, this resolution laid down the guiding principles for the future constitution. It declared that sovereignty belonged to Allah, to be exercised through the chosen representatives of the people, and emphasized democracy, freedom, equality, tolerance, and social justice as enunciated by Islam. It also guaranteed fundamental rights and protection for minorities. While serving as a preamble to all subsequent constitutions, its precise interpretation later became a point of contention.
2.3. Basic Principles Committee Reports and Deadlocks
The CA formed the Basic Principles Committee (BPC) to draft the constitution. Its reports (First BPC Report 1950, Second BPC Report 1952) faced strong criticism, particularly from East Pakistan, over issues of representation and language. The First Report proposed a bicameral legislature with equal powers for both houses, but with representation in the Lower House based on population and Upper House based on equal representation for units. This was seen by East Pakistan (with its larger population) as a disadvantage. The Second Report proposed parity in both houses, which was again unpalatable to East Pakistan.
2.4. Muhammad Ali Bogra Formula (1953)
Prime Minister Muhammad Ali Bogra proposed a compromise formula. It suggested a bicameral legislature where the Lower House would have population-based representation (giving East Pakistan a majority) and the Upper House would have equal representation for five units (four from West Pakistan and one East Pakistan), ensuring overall parity in joint sessions of both houses. This formula received wide acceptance but its implementation was delayed.
2.5. Dissolution of the First Constituent Assembly and Maulvi Tamizuddin Khan Case
In October 1954, Governor-General Ghulam Muhammad, citing the CA's failure to frame a constitution, dissolved the assembly. This move was challenged by its Speaker, Maulvi Tamizuddin Khan, in the Sind Chief Court, which ruled in his favor. However, the Federal Court, led by Chief Justice Muhammad Munir, controversially overturned this decision in 1955, invoking the "Doctrine of Necessity," thereby legitimizing the Governor-General's extra-constitutional action. This set a dangerous precedent for future military and bureaucratic interventions.
2.6. The Second Constituent Assembly and the One Unit Scheme (1955)
A new Constituent Assembly was formed in 1955. To resolve the West-East Pakistan representation deadlock and strengthen West Pakistan's position against East Pakistan's numerical majority, the controversial One Unit Scheme was introduced in October 1955. This merged all provinces and princely states of West Pakistan into a single administrative unit (West Pakistan), creating parity with East Pakistan. While it facilitated the drafting of the constitution, it also sowed seeds of resentment in the smaller provinces of West Pakistan and exacerbated Bengali alienation. Finally, on February 29, 1956, after protracted deliberations, the Second Constituent Assembly adopted the first Constitution, which was then promulgated on March 23, 1956.
3. Salient Features of the 1956 Constitution
The 1956 Constitution comprised 234 Articles, divided into 13 Parts and 6 Schedules. Its key provisions were:
3.1. Written and Flexible
It was a comprehensive written document, detailing the structure and functions of the government. It was also considered flexible, allowing for amendments by a two-thirds majority of the National Assembly, although the President's veto could be overridden by a simple majority.
3.2. Islamic Republic
The country was officially named the "Islamic Republic of Pakistan." The Objectives Resolution was incorporated as the Preamble. It stipulated that no law repugnant to the Holy Quran and Sunnah could be enacted, and existing laws would be brought into conformity with Islamic injunctions. The President was required to be a Muslim.
3.3. Parliamentary Form of Government
The constitution established a parliamentary system.
- President: Head of State, largely a ceremonial figure elected indirectly by an electoral college (members of the National Assembly and Provincial Assemblies) for a five-year term. He had powers to appoint the Prime Minister, judges, and declare emergency, subject to certain conditions.
- Prime Minister: Head of Government, chosen from the National Assembly, and responsible to it. The Cabinet was collectively responsible to the National Assembly.
3.4. Federal System
Pakistan was declared a Federation. Powers were divided between the Center and the Provinces through three lists:
- Federal List: Subjects on which the Federal Legislature could legislate (e.g., defense, foreign affairs, currency).
- Provincial List: Subjects exclusively for Provincial Legislatures (e.g., public order, health, education).
- Concurrent List: Subjects on which both could legislate, with Federal law prevailing in case of conflict.
- Residuary Powers: Vested with the Provinces, ostensibly granting more autonomy.
3.5. Unicameral Legislature
A single house of Parliament, the National Assembly, was established. It consisted of 300 members, with 150 members from East Pakistan and 150 from West Pakistan (the Principle of Parity), plus 10 seats reserved for women (5 from each wing). Members were to be elected through direct elections based on adult franchise.
3.6. Independent Judiciary
The constitution provided for an independent judiciary, headed by the Supreme Court, with High Courts in each province. The judiciary was entrusted with the power of judicial review, safeguarding fundamental rights, and interpreting the constitution.
3.7. Fundamental Rights
A comprehensive list of fundamental rights was included, such as freedom of movement, speech, association, profession, and religion, as well as rights to life, liberty, and property. These rights were enforceable through the courts.
3.8. Directive Principles of State Policy
These were non-justiciable principles guiding the state in policy formulation, aiming for social and economic welfare, promotion of Islamic way of life, and international peace.
3.9. Official Languages
Both Urdu and Bengali were recognized as the official languages of the state, a significant concession to East Pakistan's long-standing demand.
3.10. Emergency Powers of President
The President could declare a state of emergency in cases of war, internal disturbance, or financial instability. However, such a proclamation required parliamentary approval within a specified period.
4. Strengths of the 1956 Constitution
Despite its brief existence, the 1956 Constitution possessed several commendable features:
4.1. First Indigenous Constitution
It was the first constitution framed by Pakistani representatives, reflecting the aspirations and compromises of the nation's political leadership. This was a significant step towards self-governance after years of relying on a colonial framework.
4.2. Bridging East and West Pakistan Divide (Parity)
By adopting the principle of parity in the National Assembly and recognizing both Urdu and Bengali as national languages, it made a sincere attempt to address the thorny issues of representation and language, which had plagued constitution-making for years.
4.3. Incorporation of Islamic Principles
By naming the country an "Islamic Republic" and integrating the Objectives Resolution as its Preamble, it formally recognized the religious identity of the majority population and fulfilled a core demand of the Pakistan Movement.
4.4. Inclusion of Fundamental Rights
The enumeration of fundamental rights and their enforceability through the courts was a crucial safeguard for individual liberties and a step towards establishing a modern, democratic state.
4.5. Provision for Independent Judiciary
The establishment of a Supreme Court and High Courts with powers of judicial review, and the guarantee of judicial independence, were vital for upholding the rule of law and protecting the constitution.
4.6. Establishment of Parliamentary Democracy
It adopted the parliamentary form of government, consistent with the aspirations of the political leadership (influenced by the Westminster model) and seen as best suited for a diverse country like Pakistan.
4.7. Balance of Power (attempted)
It sought to establish a balance between the powers of the President and the Prime Minister, and between the Center and the Provinces, striving for a functional federal parliamentary system.
5. Weaknesses of the 1956 Constitution
While progressive in certain aspects, the 1956 Constitution also suffered from fundamental weaknesses that contributed to its fragility:
5.1. Lack of Consensus and Legitimacy
Crucially, it was not a product of a directly elected constituent assembly after 1954, nor was it approved through a public referendum. This diminished its popular legitimacy and made it easier for powerful elements to disregard or abrogate.
5.2. Ambiguity in Power Distribution
Despite adopting a parliamentary system, the President was vested with significant discretionary powers (e.g., appointing/dismissing the Prime Minister, dissolving the National Assembly under certain conditions).38 This ambiguity created a power struggle between the Head of State and the Head of Government, leading to instability.
5.3. Over-centralization and Weak Provincial Autonomy
While residuary powers were with provinces, the Federal list was extensive, and emergency provisions could easily override provincial autonomy. The implementation of the One Unit Scheme significantly curtailed the autonomy of the smaller provinces in West Pakistan, creating widespread resentment and undermining the spirit of federalism.
5.4. Unicameral Legislature with Parity
While parity was a compromise, it meant East Pakistan, with a clear population majority (around 54%), had disproportionately fewer seats than its population warranted. This was a source of continued grievance in the eastern wing, despite the dual language concession. A unicameral legislature also lacked the second chamber that could act as a check or represent regional interests more effectively.
5.5. Lack of Direct Elections
No general elections were held under the 1956 Constitution. This meant the National Assembly was still composed of members indirectly elected by provincial assemblies (the Second Constituent Assembly was formed indirectly). This prevented the emergence of a truly representative and strong parliament, essential for a stable parliamentary democracy.
5.6. Complexity and Length
Its detailed nature (234 articles) made it somewhat rigid and difficult for the common populace to understand, potentially hindering its acceptance and effective implementation.
5.7. Islamic Provisions as a Double-edged Sword
While catering to religious sentiment, the vague nature of some Islamic provisions (e.g., "no law repugnant to Quran and Sunnah") could lead to interpretational disputes and potential misuse by conservative elements, or become a tool for political manipulation.
5.8. President's Discretionary Powers
The President's authority to dismiss governments or dissolve assemblies, even with some safeguards, proved to be a critical flaw, enabling political intrigue and frequent changes of government.
5.9. Lack of Emergency Provisions Safeguards
While requiring parliamentary approval, the constitutional mechanism for emergency declaration was weak enough to be exploited by a power-hungry executive, as later events demonstrated.
6. Factors Leading to the Demise/Abrogation of the 1956 Constitution
The abrogation of the 1956 Constitution on October 7, 1958, was not due to a single cause but a culmination of deep-seated political, institutional, and socio-economic maladies that plagued Pakistan during its early years.
6.1. Political Instability and Lack of Strong Leadership
Frequent Changes in Governments/Prime Ministers:
In the two and a half years of the 1956 Constitution's existence, Pakistan saw four Prime Ministers (Chaudhry Muhammad Ali, H.S. Suhrawardy, I.I. Chundrigar, Feroz Khan Noon). This constant churn led to policy paralysis, lack of continuity, and administrative chaos.
Absence of Charismatic Leadership:
After the demise of Quaid-e-Azam Muhammad Ali Jinnah (1948) and Prime Minister Liaquat Ali Khan (1951), Pakistan lacked a universally accepted, strong political leader who could unite diverse factions and provide stable governance.
Weak and Fragmented Political Parties:
The political landscape was characterized by a multitude of weak and ideologically inconsistent political parties. They often lacked strong grassroots support, internal democracy, and discipline, leading to rampant floor-crossing and alliance shifts purely for power.
Intrigue and Horse-trading:
Political opportunism, personal rivalries, and constant maneuvering for power became the norm, undermining the very spirit of parliamentary democracy.
6.2. Role of the President (Iskander Mirza)
Excessive Interference in Political Affairs:
Major General Iskander Mirza, who became the first President under the 1956 Constitution, was a former civil servant and soldier with an authoritarian bent.44 He openly interfered in political affairs, exploited the constitutional ambiguities, and played political parties against each other.
Dismissal of Cabinets:
Mirza repeatedly used his powers to dismiss cabinets and dissolve assemblies, demonstrating a disregard for democratic norms and accelerating political instability. His ambition to concentrate power ultimately sealed the fate of the constitution.
Undermining Parliamentary System:
His actions systematically weakened the parliamentary system, making it appear dysfunctional and paving the way for extra-constitutional intervention.
6.3. One Unit Scheme Controversy
The creation of the One Unit in West Pakistan, designed to balance East Pakistan's population majority, proved to be a political blunder. It generated intense resentment among the smaller provinces (Sindh, NWFP, Balochistan), who felt their distinct identities and autonomy were suppressed. This internal friction further weakened national cohesion and fueled regional grievances.
6.4. Economic Crises and Public Discontent
Pakistan's economy was struggling with inflation, food shortages, unemployment, and pervasive corruption. The frequent changes in government meant no long-term economic policies could be effectively implemented. This economic distress led to widespread public discontent and disillusionment with the democratic process, making the public receptive to calls for a "strong hand" to restore order.
6.5. Delay in General Elections
Despite the constitution stipulating general elections, they were repeatedly postponed. This was primarily due to the fear among the ruling elite that truly free and fair elections would bring new political forces to power, particularly from East Pakistan (like the Awami League), which could challenge their entrenched interests. The delay alienated the public and eroded faith in democratic institutions.
6.6. East-West Pakistan Relations and Language Issue
Despite the constitutional recognition of both Urdu and Bengali, underlying grievances of East Pakistan over economic disparity, political marginalization, and perceived cultural domination persisted. The One Unit further exacerbated these feelings, fostering a sense of alienation that the 1956 Constitution failed to effectively address.
6.7. Constitutional Shortcomings
The inherent weaknesses of the constitution itself, such as the ambiguous distribution of powers between President and Prime Minister, the unicameral legislature with parity, and the lack of popular legitimacy, made it inherently fragile and susceptible to manipulation.
6.8. Interference of Bureaucracy and Military
From the very beginning, Pakistan's civil and military bureaucracy wielded significant influence, often overstepping their constitutional roles. The frequent political crises provided them with opportunities to intervene.
- The "Pindi Conspiracy Case" (1951) had already shown the military's involvement in political affairs.
- By 1958, the military, led by Commander-in-Chief General Ayub Khan, increasingly viewed the political squabbling and instability as a threat to national security and a justification for intervention.
6.9. The Abrogation and Martial Law
On October 7, 1958, President Iskander Mirza, with the backing of General Ayub Khan, abrogated the 1956 Constitution, dissolved the assemblies, banned political parties, and imposed the first Martial Law in Pakistan's history. He appointed Ayub Khan as the Chief Martial Law Administrator (CMLA). While Mirza initially tried to maintain his position, Ayub Khan quickly consolidated power and, on October 27, 1958, deposed Mirza and assumed the presidency himself.
6.10. The "Doctrine of Necessity" (Dosso Case)
Following the imposition of Martial Law, the Supreme Court, in the famous Dosso case (1958), again invoked the "Doctrine of Necessity" to validate the abrogation of the constitution and the imposition of Martial Law.48 This ruling, while providing legal cover for an extra-constitutional act, further cemented the precedent that military interventions could be retrospectively legalized, weakening the concept of constitutional supremacy and strengthening the hands of future dictators.
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7. Conclusion
The 1956 Constitution represented Pakistan's first earnest attempt at self-governance and establishing a democratic framework. It contained many laudable provisions, aiming to reconcile the diverse demands of a newly independent nation. However, its premature demise less than three years after its promulgation was a watershed moment in Pakistan's political history. It signified the triumph of authoritarian tendencies over democratic principles and set a dangerous precedent for future military interventions.
The failure of the 1956 Constitution can be attributed less to its inherent structural flaws (though they existed) and more to the systemic political instability, the absence of strong, selfless, and institution-building leadership, the inherent weaknesses of political parties, the contentious nature of issues like the One Unit, and the growing ambition and interference of the unelected bureaucracy and military. Its abrogation was not merely a constitutional crisis but a profound setback for democratic development in Pakistan, the repercussions of which continued to shape the nation's political trajectory for decades to come. Understanding this critical period is paramount for CSS and PMS aspirants, as it provides invaluable insights into the enduring challenges of constitutionalism and democracy in Pakistan.
Practice Questions on "Salient Features and Demise of the 1956 Constitution"
These questions are designed to help CSS and PMS aspirants test their understanding and analytical skills based on the provided comprehensive article.
Category 1: Comprehensive & Analytical (Essay Type - 15-20 Marks)
- "The 1956 Constitution was Pakistan's first earnest attempt at self-governance, yet it proved to be a short-lived experiment." Discuss the salient features of the 1956 Constitution, critically evaluating its strengths and weaknesses. Analyze the multifaceted factors that contributed to its abrogation.
- Examine the historical context and the arduous journey that led to the promulgation of Pakistan's 1956 Constitution. What were the major deadlocks encountered during its drafting, and how did the "One Unit Scheme" attempt to resolve one such contentious issue?
- "The abrogation of the 1956 Constitution was not merely a constitutional crisis but a profound setback for democratic development in Pakistan." Critically analyze this statement, focusing on the roles of political instability, leadership failures, and institutional weaknesses in the demise of Pakistan's first constitution.
- Discuss the balance of power envisioned by the 1956 Constitution between the President and the Prime Minister. To what extent did the actions of the then-President, Iskander Mirza, contribute to undermining this balance and ultimately, the constitution itself?
- Analyze the "Islamic provisions" and "federal structure" of the 1956 Constitution. Discuss how these features were both strengths and, paradoxically, points of contention that contributed to its eventual failure.
Category 2: Specific Aspects & Critical Evaluation (Focus-Oriented - 10-15 Marks)
- Highlight the key provisions of the 1956 Constitution that aimed to ensure an independent judiciary and the protection of fundamental rights. How effective were these provisions in practice during the Constitution's brief tenure?
- Discuss the principle of "parity" between East and West Pakistan as enshrined in the 1956 Constitution. Analyze its significance as a compromise, as well as its limitations and the resentments it inadvertently fueled.
- Evaluate the impact of the prolonged delay in holding general elections under the 1956 Constitution. How did this delay erode public trust and contribute to the political instability of the era?
- Examine the "Doctrine of Necessity" as applied in the Maulvi Tamizuddin Khan Case and the Dosso Case. How did these judicial pronouncements affect the supremacy of the constitution and the rule of law in Pakistan?
- Analyze the role of political parties and the nature of political leadership in Pakistan during the period of the 1956 Constitution. To what extent can their weaknesses be blamed for the Constitution's abrogation?
- Discuss the impact of the One Unit Scheme on inter-provincial relations and its contribution to the political instability that led to the demise of the 1956 Constitution.
- What were the emergency powers granted to the President under the 1956 Constitution? Discuss how these powers, in the context of prevailing political circumstances, became a tool for executive overreach.
Category 3: Short Notes & Definitions (Conceptual & Factual - 5-10 Marks)
- Write a short note on the Objectives Resolution (1949) and its role in the 1956 Constitution.
- Briefly explain the concept of a "flexible constitution" in the context of the 1956 document.
- What was the "One Unit Scheme" and why was it introduced?
- Who was Iskander Mirza, and what was his role in the abrogation of the 1956 Constitution?
- Define "collective responsibility of the cabinet" as provided in the 1956 Constitution.
Category 4: Comparative & Consequential (Broader Understanding - 10-15 Marks)
- Compare and contrast the parliamentary features of the 1956 Constitution with the presidential system later adopted in the 1962 Constitution. What lessons can be drawn from Pakistan's early constitutional experiments?
- Discuss the long-term implications of the abrogation of the 1956 Constitution and the imposition of the first Martial Law on Pakistan's democratic trajectory and civil-military relations.
- Had general elections been held promptly under the 1956 Constitution, do you believe its fate could have been different? Justify your argument.
