Pakistan’s Constitutional Framework: Amendments, Orders, and Judicial Precedents

Posted on Sep 24, 2025 in Law & Jurisprudence

Eighth Amendment: Presidential Powers and Assembly Dissolution

The Eighth Amendment brought a significant change with Article 58(2)(b), which introduced the presidential power to dissolve the National Assembly at the President’s discretion when, in his opinion, an appeal to the electorate was necessary. Upon such dissolution, elections were to be called within one hundred days.

Total Amendments in Pakistan’s 1973 Constitution

As of January 2015, twenty-one amendments had been made to the Constitution of Pakistan, 1973.

Explanation of the Eighth Amendment’s Impact

The following points are important for understanding the Eighth Amendment, with reference to its effects on Pakistan’s political and parliamentary system.

1. Dissolution of the National Assembly

  • The President could dissolve the National Assembly when a vote of no-confidence had been passed against the Prime Minister, and no other member of the National Assembly had the confidence of the majority of members, in accordance with the provisions of the constitution.
  • The President could also dissolve the National Assembly when a situation had arisen in which the government of the federation could not be carried on in accordance with the provisions of the constitution, and an appeal to the electorate had become necessary.

2. Transformation to a Semi-Presidential System

Through the Eighth Amendment, Pakistan’s parliamentary system was transformed into a semi-presidential system. This amendment granted vast powers to the President, making the President more powerful than the Parliament.

3. Effects on Pakistan’s Political System

The Eighth Amendment produced negative effects on Pakistan’s political and parliamentary system. First, it changed the parliamentary system into a semi-presidential system, and then it caused the dissolution of five elected National Assemblies and the dismissal of five elected governments.

Conclusion: The Eighth Amendment’s Legacy

To conclude, amendments made so far in the Constitution of Pakistan can be divided into two kinds: some were passed by Parliament, and others were inserted into the constitution by military dictators. The Eighth Amendment was initially introduced by a military dictator and Parliament later had to pass it, as it was mandatory for its own survival. In this way, acts of General Zia-ul-Haq’s regime were protected under this Amendment.

Seventeenth Amendment to Pakistan’s Constitution

The Constitution (Seventeenth Amendment) Act, 2003, was an amendment to the Constitution of Pakistan passed in December 2003, after over a year of political wrangling between supporters and opponents of Pakistani President Pervez Musharraf. This amendment made many changes to Pakistan’s constitution, many of which dealt with the office of the President and the reversal of the effects of the Thirteenth Amendment.

Impact of the Seventeenth Amendment on Democracy

Due to the following grounds, it can be opined that the Seventeenth Amendment had produced significant effects on parliamentary democracy in Pakistan.

1. Presidential Vote of Confidence

This amendment provided an opportunity for a non-elected President to become an elected President and to hold the office of President of Pakistan for the next five years. Through this amendment, an electoral college, which consisted of both houses of Parliament and all Provincial Assemblies, was created. The non-elected President then had to win a vote of confidence from such an electoral college to become the elected President of Pakistan. In this way, this amendment affected parliamentary democracy in Pakistan.

2. Incorporation of Legal Framework Order (LFO) 2002

This amendment paved the way to incorporate the Legal Framework Order of 2002 into the constitution. As the Legal Framework Order consisted of various orders of a non-elected and unconstitutional President, this amendment allowed the incorporation of non-constitutional orders into the Constitution of Pakistan. In this way, this amendment affected parliamentary democracy.

3. Dissolution Powers for National and Provincial Assemblies

This amendment again empowered the President of Pakistan to dissolve the National Assembly. Even the same power was also regained by the Governor of every province to dissolve the Provincial Assembly. In this way, this amendment affected parliamentary democracy in Pakistan.

4. Annulment of Article 152-A

This amendment annulled an important article of the constitution: Article 152-A, which was about the National Security Council, was omitted. In this way, this amendment affected parliamentary democracy in Pakistan.

Conclusion: Political Conflict and Constitutional Amendments

To conclude, an apprehension of political conflict emerged between the British Parliament and the British King/Queen after constitutional developments, especially with the Glorious Revolution. However, such apprehension vanished with the passage of time due to effective conventions and influential acts of Parliament. Similarly, Pakistan has experienced a kind of political conflict between its President and Prime Minister. The Thirteenth Amendment and Seventeenth Amendment were consequences of such political conflict. However, some recent amendments have made the Prime Minister more powerful than the President, aiming to finish political conflict between these two constitutional heads.

Government of India Act 1935: Key Features

The Government of India Act 1935 received a mixed reaction among the major political parties after the failure of the 3rd Round Table Conference. With the passage of time, their resentment and bitterness increased. In such a situation, major Indian parties demanded more participation in the central government. Consequently, the British Parliament had to pass the Government of India Act in 1935. The bill was discussed in the House of Commons for 43 days and 13 days in the House of Lords, and finally, after the King’s assent, it was enforced.

Salient Features of the Government of India Act 1935

The following are the salient features of the Government of India Act 1935:
  • Written Act: The Government of India Act 1935 was in written form, consisting of 14 Parts and 10 Schedules.
  • Provincial Autonomy: The Government of India Act 1935 introduced provincial autonomy. All ministers were responsible to the legislature.
  • Direct Election: The method of direct elections was introduced, guaranteeing one-third Muslim representation in the central legislature.
  • Separation of Burma and Aden: Burma and Aden were separated from India.
  • Governor’s Provinces: The Government of India Act 1935 also introduced eleven Governor’s Provinces.
  • Chief Commissioner’s Provinces: Another important feature of the Government of India Act 1935 was that it created five Chief Commissioner’s Provinces.
  • Responsible Government: The Government of India Act 1935 provided for a responsible government, which had to be accountable for its acts.
  • Separate and Communal Electorates: Separate electorates were retained; however, their scope was enlarged by giving separate electorates to Anglo-Indians and Indo-Christians.
  • Finance Bill Restrictions: Without the permission of the Governor-General, no finance bill could be placed in the Federal Legislature. This was considered a defect of this act.

Conclusion: Legacy of the 1935 Act

To conclude, the provincial part of this act was introduced, while its federal part was never implemented. Both Muslim and Hindu political leadership criticized this act. However, the reality is that the Indian Independence Act and the Government of India Act provided an interim constitution for Pakistan after independence.

Salient Features of Pakistan’s 1973 Constitution

The 1973 Constitution of Pakistan was adopted on April 12, 1973. This constitution fully represents the ideology and democratic aspirations of the people of Pakistan. The constitution is the supreme law of the land and is considered an instrument by which a government can be run. It replaces the basic laws of the state. It defines the attributes of the federal and provincial governments. The Constitution is federal-cum-parliamentary in its characteristics and is based on the principle of trichotomy of power. It is a social contract that binds people, society, and the state to act within the framework of the constitution.

Sources of the 1973 Constitution of Pakistan

The sources of the Constitution of Pakistan, 1973, are as follows:
  • Act of 1935
  • Objective Resolution
  • Constitution of 1956
  • Interim Constitution of 1972
Following are the salient features of the Constitution of Pakistan, 1973:
  • Written Constitution: The Constitution of Pakistan, 1973, is a written constitution. It comprises 280 Articles and also contains 6 schedules, which have been divided into 12 parts.
  • Rigid Constitution: The constitution is rigid, meaning it is difficult to amend.
  • State Religion: The Constitution of Pakistan, 1973, announces that Islam would be the state religion.
  • National and Official Languages: In accordance with Article 251 of the present constitution, Urdu has been declared as the National Language of Pakistan, but the official language is English.
  • Federal Form of Government: The Constitution of Pakistan, 1973, provides a federal form of government consisting of four provinces and the central government of Pakistan.
  • Parliamentary Form of Government: A parliamentary form of government has been provided for the governance in the constitution.
  • Direct Elections: The Constitution of Pakistan, 1973, has provided a method of direct elections to elect members of the National Assembly and Provincial Assemblies.
  • Bicameral Legislature: The Federal Legislature is bicameral, consisting of two houses: the Senate (upper house) and the National Assembly (lower house).
  • Preamble: The Preamble is an introductory part of a statute; it is not technically a part of the constitution itself but states that sovereignty over the entire universe belongs to Almighty Allah.
  • Holding of Referendum: The President of Pakistan is authorized to order the holding of a referendum on any issue of national importance.
  • Single Citizenship: The Constitution of Pakistan, 1973, provides for single citizenship.
  • Independence of Judiciary: An independent judiciary has been provided in the 1973 Constitution. The judiciary safeguards the fundamental rights of the people of Pakistan.
  • Rights of Minorities: The rights of minorities have been protected in the 1973 Constitution.
  • High Treason: The abrogation of the constitution through unconstitutional means is declared high treason. It cannot be abrogated by the use of force.

Objective Resolution: Foundation of Pakistan’s Constitution

The constitutional history of Pakistan opened with the Objective Resolution. It was the first constitutional document of Pakistan, providing the foundation or base for constitutional development in Pakistan. Later on, it was included in the Preamble of all three constitutions of Pakistan. Now, it is part of the Constitution of Pakistan, 1973.

Objective Resolution of 1949

The Constituent Assembly passed the Objective Resolution on March 12, 1949. It was the first step toward constitutional development and was passed by a majority of the Assembly.

Importance and Constitutional Status

The Objective Resolution presents a model combining Western and Islamic democratic values. It served as the preamble of the constitution.

Salient Features of the Objective Resolution

The following are the features, status, and importance of the Objective Resolution:
  • Sovereignty: It was decided in the Objective Resolution that sovereignty belongs to Allah alone.
  • Federation: It was settled that Pakistan would be a federation.
  • Fundamental Rights: The Objective Resolution provided a guarantee for fundamental rights for the people of Pakistan and decided that no law against fundamental rights would be made.
  • Independence of Judiciary: The Objective Resolution affirmed that the judiciary would remain independent to ensure easy provision of justice.
  • Rights of Minorities: It was decided in the Objective Resolution that adequate provisions would be made for the rights and protection of minorities.
  • Development of Backward Areas: It was declared that the development of backward areas of Pakistan would be prioritized.
  • Defense of Pakistan: It was declared that the defense of the country would be made strong.
  • Religious Freedom of Minorities: All minorities shall be given religious freedom. They have the right to live according to the teachings of their religion.
  • Welfare State: The Objective Resolution decided that Pakistan would be a welfare state, working for the prosperity of its own people and for the promotion of international peace.
  • Territories of Pakistan: The Objective Resolution also defined the territories of Pakistan, including:
    • The Punjab
    • Balochistan
    • Sindh
    • The N.W.F.P (North-West Frontier Province)
  • Islamic Way of Life: Efforts would be made to adopt an Islamic way of life in the country, and opportunities would be provided to Muslims to live according to the teachings of Islam.

Conclusion: Objective Resolution’s Enduring Role

To conclude, the Objective Resolution provided basic principles for constitution-making in the Islamic Republic of Pakistan. It was passed by the majority in the Assembly and is in accordance with the spirit of Islam. The 1973 Constitution of Pakistan also adopted it as its preamble, but through an amendment in 1985, it became an operative part of the constitution as Article 2-A.

Revival of Constitution of 1973 Order (RCO)

The results of the 1985 elections were not what General Zia-ul-Haq expected — a number of liberals managed to make it to Parliament, while many of his Shura members and ministers were defeated, indicating non-approval of his policies by his allies.
The next step was to find a prime minister in a parliament elected on a non-party basis.
Accepting the outcome of the elections but not wanting to loosen his grip over the house, General Zia decided to seek legal help. His talented legal advisers, A.K. Brohi and Sharifuddin Pirzada, recommended undertaking a number of constitutional amendments to give him an umbrella. General Zia was bent on changing the character of the Constitution from parliamentary to presidential. For this purpose, a long list of amendments was prepared, and without going into details, General Zia informed his Martial Law Administrators (MLAs) to authorize him to bring the required changes in the constitution for which, according to him, the Supreme Court had empowered him — a reference to the SC verdict in the Nusrat Bhutto case on November 10, 1977.
On March 2, 1985, he issued The Revival of Constitution of 1973 Order (RCO). It changed 67 clauses and sections of 280 articles of the Constitution — the largest number of amendments carried out in one day in the history of Pakistan. The purpose of the amendments was obviously to tailor the Constitution to suit General Zia and make him an all-powerful president by concentrating all powers of the parliament in one person.

Federation of Pakistan v. Maulvi Tamizuddin Khan (1955)

This is a court case of the Dominion of Pakistan. The Federal Court of Pakistan (now the Supreme Court of Pakistan) ruled in favor of the Governor-General of Pakistan’s dismissal of the 1st Constituent Assembly of Pakistan. The dismissal was legally challenged by Maulvi Tamizuddin Khan, the President of the Assembly. Except for one dissenting opinion, the majority of the court supported the dismissal on grounds of the doctrine of necessity. The verdict was considered a blow to democratic norms, which had ramifications in modern-day Pakistan and Bangladesh.

Facts of the Case

In 1954, Governor-General Ghulam Muhammad dissolved the Constituent Assembly of Pakistan. Earlier, he had dismissed Prime Minister Khawaja Nazimuddin, who enjoyed the confidence of the Constituent Assembly. Maulvi Tamizuddin Khan, the President of the Constituent Assembly and a representative from East Bengal, challenged the Governor-General’s actions in the Sindh High Court, where the dissolution was ruled as ultra vires. The federal government appealed in the country’s apex Federal Court.

Judgment and Doctrine of Necessity

In 1955, the Federal Court, led by Chief Justice Muhammad Munir, ruled in support of the Governor-General. The court suspended the decision of the High Court and held the Governor-General, and not the Constituent Assembly, to be the sovereign authority. The court opined that royal assent could only be given by the Governor-General as Pakistan was still a dominion and hence not a fully independent country. It gave the doctrine of necessity as the grounds for its decision.

Dissenting Opinion

A lone dissenting opinion was given by Justice Alvin Robert Cornelius, who argued that Pakistan was indeed an independent country within the Commonwealth.

Significance and Impact on Democracy

The verdict dealt a blow to the notion of parliamentary supremacy in Pakistan. The irony was that Pakistan was an independent dominion created by the Indian Independence Act 1947. The British Parliament enjoyed parliamentary supremacy in its own realm, but the Federal Court’s verdict stripped Pakistan’s parliamentary supremacy, even though Pakistan itself was an independent realm of the British monarchy. The verdict paved the way for the future judiciary to support unconstitutional and undemocratic actions, such as military coups. The doctrine of necessity was applied by successive Pakistani and Bangladeshi courts to validate the actions of martial law authorities.

Legal Framework Order (LFO) 1970

Yahya Khan, after becoming the Chief Martial Law Administrator in 1969, announced that he would make it possible for free and fair elections to be conducted in Pakistan and a new constitution to be made soon. For that reason, he introduced a Legal Framework Order in March 1970 that determined principles for the future constitution of Pakistan. It also dissolved the One-Unit scheme on July 1, 1970.

Key Features of the LFO 1970

  • National Assembly Composition: The National Assembly of Pakistan would consist of 313 seats, with 13 seats reserved for women. Out of 313, 169 seats were to be for East Pakistan, 85 for Punjab, 28 for Sindh, 19 for NWFP, 5 for Balochistan, and 7 seats were allotted to the tribal areas.
  • Provincial Assemblies: Each province would have a provincial assembly consisting of elected members. The East Pakistan provincial assembly would have 400 members, Punjab 186, Sindh 62, Balochistan 21, and NWFP 42.
  • Election Dates: The elections for the National Assembly would be held on October 5, 1970, and for provincial assemblies not later than October 22.
  • Principles for the New Constitution: The new constitution of Pakistan would follow these principles:
    • Pakistan would be a Federal Republic and would be known as the Islamic Republic of Pakistan.
    • The head of the Pakistan state would be a Muslim, and the divinity of Islam would be preserved.
    • The principles of democracy would prevail by holding free elections for federal and provincial legislatures on the basis of adult franchise. An independent judiciary would be made possible, along with fundamental rights for the citizens.
    • All provinces would be given maximum autonomy while the center would also remain strong.
    • The citizens of the country would be able to participate actively in the affairs of the state, and the state would try to eliminate economic disparities in society.
    • The constitution of the country would make it possible for the Muslims of Pakistan to live their lives according to the teachings of Islam. Minorities would be free to follow their own faiths and would be able to enjoy the benefits of citizenship along with their fellow Pakistanis.
  • Status of Assemblies: The LFO clarified the status of national and provincial assemblies. It stated that the National Assembly would either be the only legislature (provided that the federal legislature consisted of one house) or it would be the lower house if the federation had two houses. Its tenure would be for the full term in both cases. The same went for provincial assemblies.
  • Constitution Bill Deadline: Within 120 days of the first meeting of the National Assembly, it would form a constitution bill, and if it failed to do so, it would dissolve.
  • Assembly Meetings: After the elections of the National Assembly, provisions would be made to arrange its meetings.
  • Qualification for Parties: The LFO set broad outlines, structures, conditions, and qualifications. Any contesting political party failing to qualify these conditions would not be able to participate in the elections.

Legal Framework Order (LFO) 2002

The Legal Framework Order, 2002, was issued by Pakistani President Pervez Musharraf in August 2002. It provided for the general elections of 2002 and the revival of the 1973 Constitution of Pakistan, and added numerous amendments to the Constitution. The following month, the Supreme Court overruled Musharraf, ruling that the amendments would have to be ratified by Parliament in the manner provided in the unamended 1973 Constitution — the amendments would have to be approved by two-thirds of both houses of the bicameral body.
After the October 2002 general elections, although Musharraf’s supporters had a majority in Parliament, they did not have the required two-thirds supermajority to ratify the Legal Framework Order. Parliament was effectively deadlocked by strident opposition from Musharraf’s opponents for over a year. In December 2003, a faction was persuaded to vote for a compromise amendment bill, the Seventeenth Amendment to the Constitution of Pakistan. With this amendment, parts of the Legal Framework Order were incorporated into the Constitution.

Draft Constitution of 1954 (China)

During the 1954 campaign to ‘Discuss the Draft Constitution’, Chinese officials and citizens engaged in a surprisingly frank and wide-ranging deliberation about political and social rights, the obligations of citizenship, conscription, state symbols, religion, political institutions, and Marxist ideology. After several years of political upheaval, many asked wise-cracking, penetrating, and prescient questions about law, class, and political power. There were also provocative suggestions for revising this foundational document. Using records of these meetings in archives and internal CCP publications, this talk will focus on the content of these discussions. It will assess their implications for the conventional historiography of the Mao era, and it will ask how they might help us to rethink the origins of popular constitutionalism in the PRC.