Abstract
This article highlights how Britain's colonial past affected Pakistan's constitutional development, it also explores the relationship between constitutional growth and political stability in Pakistan, with an emphasis on the challenges provided by periodic constitutional breakdowns and judicial interventions. It conducts a historical-legal assessment of important amendments, political crisis, as well as Supreme Court ruling from 1947 to 2024. The study adds to broader discussions about empowering the rule of law, judicial independence, as well as legislative authority is important stabilization for the long term. Through the identification of problems from Pakistan's history of constitution-making, this study contributes to wider discussion on institutional resilience in developing governing democracies by drawing on Pakistan's constitutional history.​
1. Introduction
The legal framework inherited during independence largely reflected British colonial agendas. When India and Pakistan acquired independence from Britain, it was anticipated that they would both leave this heritage behind and pass laws that favored freedom; yet, colonial mechanisms continued, making the people beholden. [1] Pakistan's constitutional trail is unique in the subcontinent because it took a couple of decades to establish a respected and functional constitutional order, whereas India achieved constitutional stability within a few years after attaining independence.[2] Pakistan has witnessed numerous constitutional crises throughout its history, and multiple variables have significantly impacted Pakistan's political landscape. The political shift of subsequent governments has been influenced by a variety of internal and external factors.[3] According to the Indian Independence Act of 1947, the parliament was given two tasks. One of its responsibilities was to design Pakistan's constitution, and the second was to operate as the federal legislative assembly until it was completed and signed into law. It served as a birth certificate from the British government.[4] To maintain governance, the Adaptation of Laws Order 1947 adjusted colonial laws for Pakistan, later reinforced through incorporating of the core acts and Ordinances Order 1949, to ensure legal continuity. This is how the British laws became part of our statute. Since Quaid-e Azam died in 1948 and due to a delay in constitution-making, it promoted institutional uncertainty and a leadership vacuum.[5] To fill this gap, Liaqat Ali Khan was the first Prime Minister of Pakistan, moved the Objective Resolution in 1949. It declared:[6]
"Sovereignty over the entire Universe belongs to Almighty Allah alone, and the authority which He has delegated to the State of Pakistan… is a sacred trust.”
Later, Zia inserted it in the Preamble of the 1973 Constitution by making it legally binding.[7] Pakistan began with a parliamentary system inherited from British rule, which was codified in the 1956 Constitution; however, tensions between the President and Prime Minister harmed it. In Pakistan's legislative history, the Islamization of legislation has long been a long mystery because the nation inherited colonial laws that were shaped by local interests and English legal traditions. ​
1. The 1956 Constitution
In 1952, the Basic Principles Committee Report was approved as the draft document for the Constitution. [8] In 1954, the constituent assembly finalized the preliminary version of the Constitution, which was anticipated to receive ratification imminently. Nevertheless, the draft significantly diminished the authority of Governor General Ghulam Muhammad, prompting him to dissolve the Assembly before its implementation. [9] This decision was subsequently contested by the parliamentary Speaker, Moulvi Tameez-ud Din, in the Sindh High Court, which ordered in support of the Speaker, declaring the Governor General's action illegal and void. However, upon appeal, the Federal Court reversed this ruling, invoking the doctrine of necessity and referencing the saying of Braxton, [10]
"That which is otherwise not lawful is made lawful by necessity".
Section 5 of the Indian Independence Act 1947 grants the Governor-General the ability to dismissed the assembly, which is the Crown's privilege.[11] This decision created the groundwork for the constitutional and political crisis in Pakistan. In the aftermath of these events, Iskander Mirza, Dr. Khan, and General Ayub Khan, who was serving as Commander Officer at the time, joined forces to establish a new Constitution. This is how military engagement existed even before the establishment of the Constitution. [12] Pakistan’s 1956 Constitution includes 234 articles classified as thirteen parts and six schedules. A legislative framework of the state was approved, and the main subjects of the Constitution were, i.e., federal, provincial, and concurrent matters. Pakistan was recognized as the Islamic Republic State. The Objective Resolution ended up appearing as an introductory part to the Constitution. [13] The Constitution of 1956 addressed major obstacles such as federation, electoral votes, electorates, separate national or unitary languages, parliamentary or presidential systems, and Islamic or secular states.[14]
2. Cycle of Constitutional Deadlock
2.1 First suspension of the constitution in Pakistan, 1958-1969
On October 27 1958, President Iskandar Mirza abrogated the 1956 constitution, established the Pakistan's initial martial law order, he declared himself the absolute sovereign. In 1958, Chief Of Army Staff Ayub Khan, toppled President Iskandar Mirza and bringing in a stratocracy in Pakistan under the pretext of revolution. In 1959, General Ayub Khan introduced the Basic Democracies Scheme to establish a controlled form of democracy. [15] In 1958, Ayub Khan positioned himself by stating: ​
"My authority is revolution; I have no sanction in Constitution."
According to Laws Order (1958), the Constitution had been eliminated, the state would be preserved, to the fullest degree possible in aligning with its primary objectives.[16] The Supreme Court in State v. Dosso justified a coup through the concept of revolutionary legitimacy, by virtue of which the court granted judicial legitimacy for extra-constitutional government. Following the 1958 military installation, the Supreme Court upheld the coup based on Kelsen's theory, reinstated the FCR, and marked the judiciary's first approval of military surveillance.[17] It also gave legal basis for drafting a new constitution under military control.
2.2 1962 Constitution of Pakistan
The shadow government was established by General Ayub Khan in 1960. The 1962 constitution consists of 250 articles and 5 schedules, and the President had excessive powers. In a prominent Abdul Hamid Khan vs. Chief Election Commissioner case, Hamid Khan contended that indirect election was an illegitimate process that contradicted the essence of democracy. However, the Supreme Court confirmed the system and the basic democracies established as lawful under the 1962 Constitution.18
2.3 Second Suspension of the Constitution in Pakistan, 1969-1971
Ayub Khan held power until 1969, when widespread resistance compelled him to step down. Once again, the constitution was terminated by Yahya Khan and enforced the second military coup in Pakistan.19 On March 28, 1970, Legal Framework Order was proceeded by him, which defined the prerequisites and developing ways for a new constitution. According to the "fundamental principles" of the Legal Framework Order, Pakistan must be unified as a Federation.20 In Asma Jilani v. Government of Punjab, the Supreme Court ruled that General Yahya Khan had illegally abrogated the 1962 constitution.21 Also, the Supreme Court held that the main idea set out in Dosso’s case, therefore, As a result, it is utterly sustainable and hence cannot be called sound law, whether under stare decisis or otherwise..22 Similarly, the Lahore High Court in Mir Hassan v. The State ruled that fundamental rights and judicial review cannot be suspended without lawful constitutional authority.23
2.4 1973 Constitution
The first and direct general election of Pakistan took place in 1970, and the Awami League won.24 Although being the majority, East Pakistanis suffered as a minority and were denied constitutional rights by West Pakistani officials.25 The succession of East Pakistan, which led to Bangladesh’s independence, marked the height of lasting political disputes that continue to influence Pakistan, and there was a dire need for a constitution.26 An interim constitution was passed on April 17, 1972, and enacted on April 21, 1972. 27 The first multilateral agreement between the PPP, NAL, and the Jamiat-ul Ulema Pakistan coalition government came into effect. 28 The Constitution of 1973 was drafted by elected officials, and the 1973 Constitution was adopted. It carried 280 articles and seven schedules, and settled a centralized federal setup.29
2.5 Third Suspension of the Constitution 1977-1988
This Constitution was drafted by the third constituent assembly, and abrogated by military General Zia-ul-Haq in 1977, by implementing martial law. When he abrogated the Constitution then Begum Nusrat Bhutto challenged this action in the honorable Supreme Court. However, the Court dismissed the petition; legitimized military rule and undermined democratic governance in Pakistan. 30 In Zia-ul-Haq's rule, 1977-1988, great attempts were made at Islamizing Pakistan's judiciary, which became controversial and left long-term implications for the nation's politics, judiciary, and administration. In 1979, the statute was updated to ratify:31
" High Courts were also empowered to declare any such law or act of the Governments as null and void, which was in contravention of the Islamic laws on petition/request/application from any citizen, any provincial government, or the federal government of Pakistan."
Hudood Ordinances, Qanoon e-Shahadat Ordinance 1986, Ordinance 1980, Ehtram-e-Ramzan Qiyas and Diyat Ordinances, Zakat and Usher Ordinance 1980; all these Islamic Reforms were introduced by Zia-ul-Haq. ​
2.6 Fourth Suspension of the Constitution 1999-2002
General Musharraf enforced last martial law in Pakistan, dismissed the constitution, dissolved the governments, assumed the office of Chief Executive, proclaimed a national emergency, and launched the Provincial Constitutional Order, 1999.32 In 2001, General Musharaff was appointed both Chief Executive and President. In Zafar Ali Shah vs. Federation of Pakistan, the Supreme Court endorsed 1999 coup under the necessity of the state, named Musharraf Chief Executive with restricted power of legislation, authorized limited constitutional changes, and summoned elections in 3 years, hence diminishing constitutional supremacy.33 In 2007, he issued the Legal Framework Order, which gave him the power to amend the constitution and suspend fundamental rights, and took the presidential oath for the third time.34 Lawyers' Movement (2007-2009) was a landmark in Pakistan’s history, which resisted authoritarianism. 35 The whole era of Musharraf from taking the office and giving resign, enriched with struggle to regain the original essence of constitution and democracy.
2.7 18th Amendment 2010
The 18th Amendment 2010 was passed by the Parliament of Pakistan, which reinstated the parliamentary system, revoked the 17th Amendment and Article 58(2)(b), and put an end to the president's ability to dissolve parliament. In this amendment, Free and compulsory education, provincial empowered autonomy and strengthened judicial independence.36 Also, the 19th and 20th Amendments were made to empower the Constitution.37
3. Lessons from Pakistan’s History
District Bar Association, Rawalpindi v. Federation of Pakistan was a landmark case, the Court validated the 21st Amendment, military courts, and ruled that it is authority of constituent assembly to amend the Constitution is without limits provided it follows the procedure of amendment, but the Court did keep the jurisdiction of legal review in military court judgments.38 The 8th Amendment (1985) authorized the president to dissolve assemblies, whereas the 18th Amendment (2010) revived the superiority of parliament. 39 Institutional balance is necessary for the sovereignty of parliament, the judicial system, federalism, and the law regulation without the army’s involvement.40 Due to many ups and downs in the politics of the country and long gaps which plagued the way of constitutional stability, the country suffered a lot. The biggest lesson from this history which we should learn as a nation includes, inter alia, upholding rule of law, maintain separation of powers, precedence of national interest over personal interest, improve governance and institutional mechanisms. ​
4. Conclusion
Constitutional stability cannot be attained overnight; it has been through fluctuations. We should evaluate Pakistan's evolution from chaos to constitutional prosperity. Pakistan's decision-makers and constitution writers ought to recognize past failures and lay down an equitable distribution of power within the country, particularly among the federated entities. The legislative framework requires educated and informed voters, a requirement this country did not have at the time and still fails to offer today. The trajectory of our future now rests with our lawmakers and the functioning of their elected government to ensure that the rule of law is honored and that no autocrat will rule in the future.
References:
1. Hussain, M. I. (2019). The Legacy of Colonial-Era Laws in Pakistan's Legal System: A Comprehensive Review. Pakistan Journal of Legal Studies, 5(1), 67-82
2.Yaseen, Z., Butt, T. M., & Riaz, M. (2016, July–August). Comparative study of the Constitution of Pakistan and India (Gains & losses). Science International (Lahore), 28(4), Retrieved from https://www.scint.com/pdf/12217650681%20a%20347352%20Zahid%20Yaseen.pdf
3. Journal of Law & Social Studies (JLSS) Volume 6, Issue 3, pp 295-308
4.Parliament of the United Kingdom. (1947). Indian Independence Act, 1947: 10 & 11 Geo. 6. c. 30. London: HMSO.
5.Hamid Khan, Constitutional and Political History of Pakistan 63–65 (Oxford Univ. Press, 2017)
6.Constitution of the Islamic Republic of Pakistan. (1973). Article 2A: Objective Resolution.
7. Constitution (Eighth Amendment) Act, 1985 (Pak.)
8. Global Legal Studies Review. (2017, December). Basic Principles Committee Reports: An uneven journey towards constitutionalism in Pakistan. Global Legal Studies Review, 2(1), 1–6. https://doi.org/10.31703/glsr.2017(II-I).01
9.The News International. (2012, February 26). The constitutional journey. The News International. Retrieved from https://www.thenews.com.pk/archive/print/3 48350-the-constitutional-journey
10. Moulvi Tameez-ud-Din vs Federation of Pakistan PLD 1955 FC 240
​11. Indian Independence Act, 1947
12. The News International. (2012, February 26). The constitutional journey. The News International. Retrieved from https://www.thenews.com.pk/archive/print/3 48350-the-constitutional-journey
13. Constitution of Pakistan, 1956
14. COMSATS University Islamabad, Virtual Campus. HUM113 Ideology and constitution of Pakistan: Lecture 11 handouts [PDF]. Retrieved August 28, 2025, from https://ccw.vcomsats.edu.pk/content/HUM113/Handouts/HUM113_Handouts_Lecture1 1.pdf
15. Ullah, A., Farooq Khan, S., & Ullah Khan, A. (2022). Impacts of presidential elections of 1965 on the history of Pakistan. Palarch’s Journal of Archaeology of Egypt/Egyptology, 19(3), 405–423. Retrieved from https://www.archives.palarch.nl/index.php/ja e/article/download/11229/10050/22197
16. The Commonwealth in South Asia. (1969). Oxford University Press, p. 252.
17. State V. Dosso PLD 1958 SC 533
18. Abdul Hamid Khan v. Chief Election Commissioner (PLD 1964 SC 486)
19.Ali, S. J. (2013, April 8). Constitutional history (Application of laws framed by the British Parliament to Pakistan) [Lecture]. Punjab Judicial Academy. Ali, S. J. (2013, April 8)
20. International Commission of Jurists. (1971). The events in East Pakistan, 1971: A legal study. Secretariat of the International Commission of Jurists.
https://www.icj.org/wp content/uploads/1972/06/Bangladesh events-East-Pakistan-1971-thematic-report 1972-eng.pdf
21. Asma Jilani v. Government of Punjab PLD 1972 SC 139
22. Ibid, p.183
23. Mir Hassan and another vs. The State PLD 1969 Lahore 786
24.Ahmar, M. (2020, December 11). How 1970 elections led to the break-up. The Express Tribune. Retrieved from https://tribune.com.pk/story/2275471/how 1970-elections-led-to-the-break-up
25. Khan, A. (2024, March 7). Shaping history: The first general elections in Pakistan. Paradigm Shift. Retrieved from
​https://www.paradigmshift.com.pk/first general-elections-in-pakistan/
26. 2.Paula R. Newberg, Judging the State: Courts and Constitutional Politics in Pakistan (Cambridge University Press, 1995
27. Interim Constitution of Pakistan 1972
28. Zahra, U., & Iqbal, J. (2021, April 18). Politics of alliances and its effects during Zulfiqar Ali Bhutto’s rule in Pakistan. Liberal Arts and Social Sciences International Journal (LASSIJ), 5(1), 89–104. https://doi.org/10.47264/idea.lassij/5.1.7
29. 1973 Constitution of Pakistan
30. Begum Nusrat Bhutto v. Chief of Army Staff PLD 1977 SC 657
31. Kanwal, L. (2015). Zia, Islam and Politics of Legitimacy. Al-Adwa, 43(30), 39–52. Retrieved from https://pu.edu.pk/images/journal/szic/pdf_fil es/4-%20Lubna%20Kanwal%20_june15.pdf
32. Goldenberg, S. (1999, October 15). Martial law declared in Pakistan. The Guardian. Retrieved from https://www.theguardian.com/world/1999/oc t/15/pakistan.suzannegoldenberg2
33. Zafar Ali Shah v. Pervaiz Musharaf PLD 2000 SC 869
34. Legal Framework Order (2002). In Encyclopaedia Britannica. Retrieved August 31, 2025, from
https://www.britannica.com/topic/Legal Framework-Order-Pakistan-2002
35. Phelps, J. (2009). Pakistan’s Lawyers Movement (2007–2009). International Center on Nonviolent Conflict. Retrieved from https://www.nonviolent conflict.org/wp content/uploads/2019/03/Pakistan-Lawyers Movement-2007-2009.pdf
36. PLD 2010 Federal Statute Page 1
37. PLD 2012 Federal Statute (Supplement-I) 355
38. District Bar Association Rawalpindi v. Federation of Pakistan PLD 2015 SC 401
39. International Crisis Group. (2010). Annual Report 2010 (p. 22). Retrieved from
https://www.crisisgroup.org/sites/default/file s/annual-report-2010.pdf
40. Kennedy, C. H. (2012). The judicialization of politics in Pakistan. In B. G. Ginsburg & T. Moustafa (Eds.), The judicialization of politics in Asia (pp. 22–42). Routledge. doi.org/10.4324/9780203115596