THE

CONSTITUTION
Of 1956
The 1956 constitution
◦ This constitution contained 234 Articles, divided into 13 parts and 6 schedules.
◦ The Islamic charter of the constitution sought to base the Constitution on Islamic principles and provisions which
occupied some length
◦ It was a federal Constitution which is usually more complex, prescribing not only for the federation but also for the
units
◦ The relation between the federation and the provinces were complicated, necessitating considerable length
◦ Special provisions had to be made for tribal areas and special areas
◦ Some matters which could have been dealt with by ordinary legislature, such as judicial organization, were included
the constitution; the organization of the Federal Court and the judiciary of the provinces occupied as many as thirty
one Articles
◦ There are other matters which the constituent Assembly thought fit to include in the Constitution, relating to the public
services, the languages of the federation, and the election commission, and others
• It was found necessary to include emergency provisions covering Part IX of the Constitution
• Lastly, it was thought fit to include not only a lengthy Bill of Rights but also directive principles of state policy.

• Fundamental Right:

• The principle fundamental rights guaranteed by the 1956 Constitution are briefly described below:
• All citizens were equal before the law and entitled to equal protection of the law
• No person could be deprived of life or liberty, save in accordance with the law
• No person could be punished for an act which was not punishable when committed
• The right to apply for a writ of habeas corpus could not be suspended, except in the case of an external or internal threat to the security of the
state or other grave emergency
• There should be no discrimination on grounds of religion, race, caste, sex, or place of birth with regards to access to places of public
entertainment, recreation, welfare, or utility
• All forms of slavery, servitude, forced labour, torture, or cruel or inhuman treatment or punishment were declared illegal
• All duly qualified citizens were made eligible for appointment to the service of the state, irrespective of religion, race, caste, sex, descent or
place of birth, provided that it should not be unlawful for the state to reserve posts in favour of any minority or backward section
• No person could be deprived of his property without adequate compensation
• All citizens were guaranteed (a) freedom of speech, expression, association, occupation, acquisition and disposal of property, and peaceful
assembly (b) the right to move freely throughout Pakistan and to reside in any part of the country.
• Freedom of conscience and the right to profess, practice, and propagate any religion, subject to public order and morality, were guaranteed
• No one attending any educational institution could be required to receive religious instruction or to attend religious worship other than that of
his own community or denomination
• The notion of untouchability being inconsistent with human dignity, its practice was declared unlawful.
Directive Principle of State Policy:
The Basic Principle Committee had recommended the inclusion of directive principle of State Policy. The following were included in the 1956
Constitution:
• Step should be taken to enable Muslims to order their lives in accordance with the Quran and the sunnah, inter alia, the compulsory teaching of the
Quran, namely the prohibition of drinking, gambling, and prostitution and the proper organization of mosque
• The provision of food, clothing, housing, education, and medical relief should be made for citizens incapable of earning their livelihood owing to
unemployment, sickness, or similar reasons.
• The improvements of living standards, the prevention of the concentration of wealth and means of production in the hand of a few, and the
prevention of the exploitation of the workers and peasants
• Abolition of illiteracy as rapidly as possible.
Training and education for the population of different areas to enable them to participate fully in all forms of national activity and service
• Discouragement of parochial, tribal, and racial feelings among muslim.
• Strengthening of the bonds of unity between muslim countries
• Promotion of peace and goodwill among the peoples of the world
• Separation of the judiciary from the executive, as soon as practicable.
• Protection of children, young people, and woman against exploitation and employment in unsuitable occupation
• To achieve parity in the representation of east Pakistan and west Pakistan in all spheres of federal administration
• To eliminate riba as early as possible
• Parliamentary form of government:
• The first Constituent Assembly decided in favour of the Parlimentary form of government, both at the centre and in the provinces.
• There was some who believed that parliamentary democracy was not suited to Pakistan
• Their argument was that in the absence of two strong, stable, and responsible political parties, the parliamentary form of government, wherein the
real executive authority is vested in a cabinet responsible to the legislature, would become a farce and stable government a forlorn.
• The second Constituent Assembly, like its predecessor, decided in its favour, both at the centre and in the provinces
• The second Constituent Assembly met in 1955, the relationship between the executive and the legislature, particularly the powers and position of
the head of the state, assumed great importance in view of certain controversial and undemocratic actions of the head of the state under the interim
Constitution.