The Constitution of Pakistan, adopted in 1973, represents the culmination of a long and complex constitutional evolution that began at independence in 1947. As a document formed through democratic consensus, it reflects the aspirations of a nation seeking to balance its Islamic ideological foundations with the principles of modern constitutional democracy. The preamble, incorporating the Objectives Resolution of 1949, establishes the ideological framework by stating that sovereignty belongs to Allah and that the authority to govern is a sacred trust delegated to representatives of the people. This unique blend of divine sovereignty and democratic governance makes the Pakistani Constitution a hybrid model, integrating religious identity within a parliamentary system.
One of the defining features of the Constitution is its emphasis on fundamental rights. These include equality before law, freedom of movement, freedom of speech, protection of property, and safeguards for minorities. These rights highlight the commitment of the framers to establish a just society grounded in Islamic principles and universal human rights. However, constitutional history shows recurring periods of
suspension, military intervention, and emergency rule, which have disrupted the continuity of these rights. Scholars argue that these interruptions have weakened constitutionalism in Pakistan and reduced public trust in political institutions (Newberg, 1995).
Federalism is another structural hallmark of the Constitution. Pakistan’s diverse ethnic, linguistic, and geographic realities required a system that could accommodate regional identities while maintaining national unity. The 18th Amendment, passed in 2010, significantly enhanced provincial autonomy by abolishing the Concurrent Legislative List and decentralizing key administrative and legislative powers. This amendment is considered a major milestone in strengthening federalism and addressing long-standing provincial grievances (Khan, 2014). The Constitution also institutionalizes the relationship between Islam and the state. The Council of Islamic Ideology, the Islamic provisions in legislation, and the requirement that no law be enacted contrary to Islamic teachings indicate that Pakistan’s ideological foundation remains integral to its constitutional identity. Yet, the interpretation of Islamic clauses has varied depending on political conditions and judicial trends, creating a dynamic and sometimes contentious relationship between religion and state policy.
REFRENCES
Choudhury, G. W. (1969). Constitutional Development in Pakistan. Longman.
International Crisis Group. (2021). Reforming Pakistan’s Criminal Justice System.
Jalal, A. (1990). The State of Martial Rule. Cambridge University Press.
Khan, H. (2014). Constitutional and Political History of Pakistan. Oxford University Press.
Newberg, P. (1995). Judging the State. Cambridge University Press.
Pakistan. (1973). The Constitution of the Islamic Republic of Pakistan. Government of Pakistan.
