First
constitution was approved on 29th January 1956. The Governor General gave is
assent on 2nd March and the new constitution was enforced on 23rd March, 1956
and Pakistan was transformed into an Islamic Republic. The Objectives
Resolution passed by the First Constituent Assembly in 1949 was included in the
Preamble of 1956 Constitution. Under this constitution, parliamentary form of
government, modeled on British pattern, was adopted. This federal system was
closer to the one as it existed under 1935 Act of India.
Salient
Features
1.
Nature of the Constitution:
The
constitution of the First Republic was a brief document containing six
schedules and 234 Articles. It regulated the activities and determined the
jurisdiction of both, central as well as that of provincial governments, unlike
American Federation; the Federating units did not have their separate
constitutions.
2.
Federation:
Under
the constitution, there existed division of powers between the central and
provincial governments in the form of three lists. One of the lists included
the affairs on which central government was authorized to legislate, the second
list dealt with provincial government’s jurisdiction, while the third one
included all concurrent affairs on which both central as well as provincial
governments could legislate.
3.
Parliamentary System:
The
form of government was modeled on parliamentary lines which had closer
resemblance to the system as worked under 1935 Act of India. Under this system,
all ministers were supposed to be the members of Parliament and they remained
in office so long as they continued to command the confidence of the majority
of the Assembly, otherwise, they had to resign. The Cabinet was collectively
accountable to the National Assembly.
4.
Uni-Caramel Legislature:
It
is a common practice in almost all the federal states to introduce bicameral
legislature in which the upper chamber is organized on the basis of parity of
representation to all the federating units while the lower chamber is organized
on popular basis. But in Pakistan, there existed only one Chamber of the
Parliament in which parity of representation was secured to both the federating
units i.e. East and West Pakistan.
5.
Independence of Judiciary:
The
constitution ensured necessary safeguards to secure independence of judiciary.
The judges of the superior courts were to be appointed by the head of the State
and were ensured full security of service. They could not be removed prior to
their retirement except through impeachment, nor their salaries diminished.
6.
Directive Principles:
Directive
principles of state policy were also incorporated in the constitution, a
practice copied from Irish Constitution and contained in 1935 Act of India as
well. Some of these principles dealt with Islamic teachings. It was also
reaffirmed that Pakistan would always pay due regard to the Charter of the
United Nations and perform its due role in its efforts to maintain
international peace and security. It was also reaffirmed that Pakistan would
foster fraternal relations with other nations.
7.
Fundamental Rights:
Fundamental
rights were made the part of the constitution and were to be enforced by the
Supreme Court. All such laws or administrative policies which violated
Fundamental rights could be challenged in the Court of Law. Some important of
these were: right to life, right to personal security, freedom of thought and
action, of speech and expression, right of movement within the country, right
to privacy and family life etc.
8.
Islamic Provisions:
Pakistan
is an ideological polity which came into being for the purpose of implementing
Islamic way of life. Hence the basic objectives of the newly created state were
pre-determined. The Objectives Resolution passed b y 1st constituent Assembly,
clearly pointed out Islamic ideology as the basis of new socio-political order.
It was included in the Preamble of the constitution which recognized
sovereignty of Allah and reaffirmed that no law would be enacted which was
against the injunctions of Islam. The name of the republic also reflected its
Islamic character.
Causes
of Failure of Constitution of 1956
The
constitution remains enforced for a period of two years only while it is too
short period to test the utility of a constitution. As a matter of fact, the
implementation of Constitution signifies the beginning of a new era of
democracy but anti-state elements and disgruntled politicians were not sincere
to this process and were bent upon sabotaging the system. Most of the
politicians tried to seize political authority through back doors and indulged in
political intrigues. Democratic norms were not paid due heed.
Elections
could not be held under the new constitution and capturing of political power
through palace intrigues became a routine affair. Nepotism, favoritism and
selfishness shook the foundations of the political system. Undoubtedly, the
situation became ripened for the intervention of military in politics. Martial
Law was imposed in October 1958 and it was announced that parliamentary
democracy had failed.
