Constitutional History of Pakistan: Amendments and Failures
Fifth Amendment
Main Features and Effects on Judiciary
- Chief Justice of Supreme Court:
- Term of office: 5 years
- Maximum age: 65 years
- Pension upon retirement at age 65
- Cannot be reappointed after serving as Chief Justice
- Chief Justice of High Court:
- Term of office: 4 years
- Maximum age: 62 years
- Pension upon retirement at age 62
- Cannot be reappointed after serving as Chief Justice
- Separate High Courts for Balochistan and Sindh:
- Established separate High Courts for Balochistan
- High Courts and Fundamental Rights:
- Limited powers of High Courts to enforce fundamental rights
- Contempt of Court:
- Empowered courts to punish for contempt of court
Sixth Amendment
- Set retirement age for Chief Justice of Supreme Court at 65 years
- Set retirement age for Chief Justice of High Court at 62 years
Failure of Constitution of 1956
Causes of Failure of Parliamentary System
- Lack of leadership
- Lack of political training
- Unicameral legislature
- Delay in elections
- Non-existence of economic equality
- Lack of state parliamentary system
- Authoritative role of President
- Intervention of army and bureaucracy
- Lack of education
- One Unit
Conclusion
Pakistan’s constitutional history has been marked by amendments and failures. The Fifth and Sixth Amendments focused on the judiciary, while the Constitution of 1956 failed due to political conflicts and a lack of parliamentary development.