INTRODUCTION
The Constitution of Pakistan, 1956, was an important document framed after a lengthy discussion, confusion, and effort. The making of the Constitution was a historical event that changed Pakistan’s internal and external image. The Constitution also ended an era of constitutional and public frustration in Pakistan.
MEANING OF CONSTITUTION
According to Black’s Law Dictionary,
A nation or state’s fundamental and organic law establishes the institution and apparatus of Government.
DEFINITION OF CONSTITUTION
According to Aristotle,
The Constitution is the way of life the state has chosen for itself.
According to Merriam-Webster,
Constitution is a set of fundamental principles and laws of a nation, state, or social group that determine the powers and duties of a government and guarantee certain rights to the people in it.
TYPES OF CONSTITUTION
There are two types of Constitutions:
- Written
- Unwritten
SALIENT FEATURES OF THE CONSTITUTION OF 1956
The salient features of the Constitution of 1956 were as follows:
- Written Constitution
- Single Constitution
- Quasi rigid constitution
- Federal system
- Parliamentary system
- Unicameral legislature
- Principle of policy
- Fundamental rights
- Independence of the judiciary
- Islamic provisions
- National language
- Islamic provisions
- Lengthy Constitution
- Partly rigid
- Presidential form
- Direct election
- Single citizenship
1. WRITTEN CONSTITUTION
The 1956 constitution was a written constitution. It was a small document with only 234 articles, six schedules, and thirteen chapters. The written Constitution was an absolute necessity for Pakistan.
2. SINGLE CONSTITUTION
Although Pakistan was declared a federal state under the Constitution of 1956, unlike the U.S. federal state, the Constitution of 1956 denied a separate constitution for the provinces.
3. QUASI RIGID CONSTITUTION
The Constitution is termed rigid if the method of amending the Constitution differs from that of making the law; by this fact, the Constitution of 1956 is termed a tough constitution.
4. FEDERAL SYSTEM
The Constitution of 1956 was federal.
5. PARLIAMENTARY SYSTEM
The parliamentary form of Government was adopted in the Constitution of 1956.
6. UNICAMERAL LEGISLATURE
Although the Constitution of 1956 had established a federal form of Government, the Constitution laid down the unicameral Both West Pakistan and the structure of national East Pakistan.
7. PRINCIPLES OF POLICY
The Constitution of 1956 provides the principle of policies. The focus policy reflects and determines the nation’sfeelings aspirations, ambitions, and aims
8. FUNDAMENTAL RIGHTS
The fundamental rights are incorporated in a modern democratic constitution. The citizens’ fundamental rights are constitutionally guaranteed against the Government and its various organs.
- Security of person
- Right of liberty
- Right to education
- Right citizen
9. INDEPENDENCE OF JUDICIARY
The independence of the judiciary was also ensured in the Constitution of 1956. The judges were guaranteed job security to perform their duties honestly.
10. ISLAMIC PROVISIONS
The Muslims of the subcontinent had laid down their lives to give birth to a valid Islamic State to pay tribute to the sacrifices of the Muslims of the Subcontinent; the continuation of 1956 enumerated several Islamic provisions.
11. NATIONAL LANGUAGE
The Constitution of 1956 declared Urdu and Bengali as National languages. However, English as an official language was adopted for 25 years.
12. ISLAMIC PROVISIONS
The objectives resolution was included as a preamble of the Constitution. Islam was the state’s religion.
13. LENGTHY CONSTITUTION
The Constitution of 1956 was a lengthy one. The reason for its being lengthy was that the framer not only framed the fundamental principles, but administrative details were also given
14. PARTLY RIGID
The Constitution of 1956 is party rigid and party flexible. The method of amendment was not complicated
15. PRESIDENTIAL FORM
The Constitution of 1956 adopted certain features of the presidential form of Government.
16. DIRECT ELECTION
In the Constitution of 1956, the method of direct election was adopted in the Country.
17. SINGLE CITIZENSHIP
There was only a single citizen in the Country.
CAUSES OF FAILURE OF THE 1956 CONSTITUTION
The following are the causes of the failure of the 1956 Constitution.
- The crisis of leadership
- The negative attitude of political parties
- Lack of democratic traditions.
- Poor Economic Condition of the Country.
- Negative Desire of lower.
- Inconsistency in the election.
- Instability of Government
- Bureaucratic Interference.
1. THE CRISIS OF LEADERSHIP
The leadership of any country plays a decisive role in the success and failure of any political system.
2. NEGATIVE ATTITUDE OF POLITICAL PARTIES
Political parties play a vital role in the smooth working of a democratic system. On the contrary, the political parties in Pakistan could not perform their positive functioning in the working of the democratic system.
3. LACK OF DEMOCRATIC TRADITIONS
Democracy is indeed the best form of Government but also the most complicated one. The success of democracy demands education, vigilance, enlightenment, and tolerance among the people, but the people of Pakistan fulfilled neither of these conditions. The failure of the democratic system in such a situation was inevitable.
4. POOR ECONOMIC CONDITION OF COUNTRY
The early years of Pakistan witnessed political instability. Due to political unrest, no attention was paid to the people’s welfare or improving their standard of living.
5. NEGATIVE DESIRE OF POWER
The effectiveness of the Constitution demands respect for the Constitution by all sections of society, particularly by the ruling authority. On the contrary, the Constitution, having been enforced in 1956, was never fully put into practice.
6. INCONSISTENCY IN ELECTION
Elections are the basic requirements of a democratic society, but no election could be held under the Constitution of 1956. Therefore, the people had lost faith in the parliament.
7. INSTABILITY OF GOVERNMENT
The prosperity of the people demands a stable Government. On the contrary, the ministerial changes had become routine in Pakistan. Frequent clerical changes disillusioned the people from the Government.
8. BUREAUCRATIC INTERFERENCE
The primary function of the bureaucracy is to enforce faithfully the Government policies. But in Pakistan, Bureaucracy had assumed the role of a law-making body. The Government politics reflected the aims and ambitions of bureaucrats. In such circumstances, the dominant position of bureaucracy in Government affairs had created guil between the people’s representatives and the masses. The democratic system could not be expected to work smoothly.
FINAL ANALYSIS
The Constitution of 1956 was enforced on March 23 1956. It provided parliamentary and Provincial Assemblies. The Constitution was abrogated on October 8 1958, because it could not operate in the Country. He has such powers and functions as are conferred on him by the Constitution and law. Perhaps lack of leadership is the primary cause of the failure of the Constitution.
REFERENCES
- Pakistan Studies by Waqar Ahmad Cheema
