Pakistan’s Interim Constitution of 1972: A Bridge to Democracy
Pakistan’s Interim Constitution of 1972
A Bridge to Democracy
The Interim Constitution of 1972 was a provisional document adopted by the National Assembly of Pakistan on April 17th and enforced on April 21st, 1972. It served as a guideline for the country’s administration until the permanent Constitution of 1973 came into effect on August 14th, 1972.
Background
Following the 1971 war and the resignation of President Yahya Khan, Zulfikar Ali Bhutto assumed power amidst a state of emergency. While Bhutto enjoyed significant support, the political opposition sought to prevent an authoritarian rule. Consequently, a presidential order, the National Assembly (Short Session) Order 1972, authorized the assembly to draft an interim constitution before formulating a permanent one.
Key Features of the Interim Constitution
- Presidential System with Parliamentary Elements: The constitution established a presidential form of government, with the president serving as both head of state and supreme commander of the armed forces. However, it also incorporated elements of a parliamentary system by making the council of ministers responsible to the parliament.
- Unicameral Legislature: Both at the federal and provincial levels, the constitution provided for unicameral legislatures empowered to legislate on matters within their respective jurisdictions.
- Provincial Governance: The provinces were governed by a parliamentary system, with a governor as the head of the executive, assisted by a council of ministers led by a chief minister.
- Transition from Martial Law: While the interim constitution lifted martial law, certain regulations and orders were retained as Acts of Parliament.
Drafting the Permanent Constitution
Alongside the adoption of the interim constitution, a committee chaired by Abdul Hafiz Pirzada was formed to draft a permanent constitution. Despite challenges, the permanent Constitution of 1973 was successfully adopted by the National Assembly, replacing the interim constitution on August 14th, 1973.
The Interim Constitution of 1972 played a crucial role in Pakistan’s transition from martial law to a democratic system. It provided a framework for governance during a critical period and paved the way for the establishment of a permanent constitution that continues to shape the country’s political landscape.