What historical and political factors influenced the formulation of the

Pakistan Constitution in 1973, and how did it address the challenges

and aspirations of the diverse population within the country?
• A preamble

• 12 parts

• 28 chapters

• 7 schedules

• 280 articles

On 25th March 1969, the second Martial law was imposed and General Agha Muhammad Yahya Khan
took over as the President of Pakistan and Chief Martial Law Administrator. He later issued a Legal
Framework Order (LFO), under which the first-ever general elections were held on 7th December 1970. It
comprised 313 members, 169 from East Pakistan and 144 from West Pakistan including 13 reserved
seats for women (6 were from West Pakistan and 7 from East Pakistan). Soon after the elections, due to
grave political differences regarding the extrajudicial order aka Legal Framework Order, and the
constitutional provisions that were the basic demands of West Pakistan.

Historical and Political factors:

➢ SIX POINT MOVEMENT

Sheikh Mujeeb ur Rehman of the Awami League proposed the Six Points and demanded the formulation
of the constitution of Pakistan while considering the Six Points. Several politicians rejected the six points
presented by Sheikh Mujeeb. However, the people of West Pakistan supported the Six Points agenda.
These points had great socioeconomic and political significance in shaping the future system of Pakistan.
The six points presented by Sheikh Mujeeb ur Rehman are given below;

• The Constitution should provide for a Federation of Pakistan in its true sense based on the Lahore
Resolution, and the parliamentary form of government with supremacy of a Legislature directly elected
based on universal adult franchise.

• The federal government should deal with only two subjects: Defence and Foreign Affairs, and all other
residual subjects should be vested in the federating states.

• Two separate, but freely convertible currencies for the two wings should be introduced; or if this is not
feasible, there should be one currency for the whole country, but effective constitutional provisions
should be introduced to stop the flight of capital from East to West Pakistan. Furthermore, a separate
reserve bank should be established and separate fiscal and monetary policies should be adopted for East
Pakistan.

• The power of taxation and revenue collection should be vested in the federating units and the federal
center would have no such power. The federation would be entitled to a share in the state taxes to meet
its expenditures.
• There should be two separate accounts for the foreign exchange earnings of the two wings; the foreign
exchange requirements of the federal government should be met by the two wings equally or in a ratio
to be fixed; indigenous products should move free of duty between the two wings, and the constitution
should empower the units to establish trade links with foreign countries.

• East Pakistan should have a separate military or paramilitary force, and Navy headquarters should be in
East Pakistan.

The constitutional crisis grew even more, when the Awami League refused to compromise over its six
points to draft the constitution and instead maintained a strong stance that the Awami League could
frame a constitution and form a central government on its own. The PPP did not intend to dilute the
authority of the federal government to ensure complete provincial autonomy for all the provinces of
Pakistan. As these socioeconomic and political tensions grew more, it became inevitable for both wings
to collaborate to form the government in the 1970 election. Awami League secured the mandate of East
Pakistan. Sheikh Mujeeb ur Rehman became a separatist in the politics of Pakistan. Therefore, the
province of East Pakistan seceded from West Pakistan and became Bangladesh.

On 20th December 1971, Mr. Zulfiqar Ali Bhutto took over as the President of Pakistan and the first civil
Chief Martial Law Administrator.

The formulation of the Constitution of 1973 in Pakistan was the culmination of various historical factors
and events that shaped the nation's political landscape. These factors spanned several decades and were
instrumental in defining the need for a cohesive constitutional framework that could accommodate
Pakistan's diverse population and complex governance challenges. Here are five of these factors in
considerable detail:

1. **Post-Independence Constitutional Instability**: Following the partition of British India in 1947,

Pakistan emerged as an independent nation. However, the country grappled with instability in its initial
years, which significantly influenced the quest for a constitution. The absence of a unified constitutional
document led to a series of constitutional experiments, including the Objectives Resolution of 1949,
which laid down the principles for future constitutions. These initial years highlighted the urgency to
establish a stable and cohesive constitutional framework that could provide a sense of direction and
governance structure for the nation.

2. **Struggles for Democratic Governance**: Pakistan witnessed intermittent democratic rule,

interspersed with periods of military intervention. The 1956 Constitution, Pakistan's first constitution,
established a parliamentary system but faced challenges due to political rivalries, weak institutions, and
frequent suspensions of the constitution during military takeovers. This struggle for democratic
governance laid the groundwork for understanding the necessity of a constitution that would guarantee
the continuity of democratic institutions while also addressing the grievances of various segments of
society.

3. **Ethnic and Regional Tensions**: Pakistan's diverse population consisting of different ethnicities,
languages, and cultural identities created significant challenges in crafting a constitution that could
accommodate these diversities. The demand for autonomy by East Pakistan (later Bangladesh) and
tensions between different provinces highlighted the necessity for a constitution that could balance
power between the federal and provincial governments, ensuring equitable representation and
addressing regional disparities.

4. **Impact of Military Rule and Authoritarian Regimes**: The imposition of martial law and military
dictatorships under leaders like Ayub Khan and Yahya Khan led to the erosion of democratic norms and
the rule of law. The 1962 Constitution introduced by Ayub Khan centralized power, resulting in
disenchantment among the masses. These authoritarian regimes underscored the need for a
constitution that guaranteed fundamental rights, checks and balances on executive power, and a robust
framework for democratic governance.

5. **Bhutto's Government and Constitution-Making Process**: The tenure of Zulfikar Ali Bhutto
marked a significant phase in Pakistan's constitutional history. After the breakup of Pakistan and the loss
of East Pakistan in 1971, Bhutto's government initiated the process of drafting a new constitution. This
constitutional-making process involved the National Assembly and various political factions. Bhutto's
government sought to address the grievances of provinces, the role of Islam in the state, and create a
framework that accommodated Pakistan's diverse population while ensuring democratic governance.

6) Demands for Fundamental Rights and Representation: The formulation of the 1973 Constitution was
influenced by the growing demands for fundamental rights, representation, and social justice. The
inclusion of provisions guaranteeing fundamental rights, such as freedom of speech, religion, and
equality, aimed to address the aspirations of the populace for a more inclusive and just society. It
reflected the evolving political consciousness of the people and their desire for a constitution that
safeguarded their rights and provided avenues for social and economic progress. The struggles for
democratic governance and the protection of fundamental rights were central to the formulation of the
constitution. Various political movements, including those advocating for democracy, human rights, and
civil liberties, influenced the constitutional discourse. The desire to establish a framework that
guaranteed representative democracy, protected individual freedoms, and ensured the rule of law
became pivotal elements in the constitution-making process.

7) Regional and Provincial Autonomy Issues: The demand for provincial autonomy, particularly in East
Pakistan (later Bangladesh), underscored the necessity for a constitution that recognized and
safeguarded the rights and autonomy of different regions and provinces within Pakistan. The grievances
stemming from the centralization of power in West Pakistan and the marginalization of East Pakistan
highlighted the imperative for a federal structure that ensured equitable representation and power-
sharing among provinces. The political tensions between East and West Pakistan (now Bangladesh)
significantly shaped the debate surrounding the structure of the constitution. The grievances of East
Pakistan, including feelings of economic and political marginalization, led to demands for greater
autonomy and recognition of regional identities. The separation of East Pakistan in 1971 highlighted the
imperative of addressing regional disparities and accommodating the aspirations of diverse provinces
within a federal framework.

8) Socialist Ideals and the Incorporation of Socio-Economic Rights:

Zulfikar Ali Bhutto, the former Prime Minister of Pakistan, was known for his strong socialist leanings and
his vision for creating a more egalitarian society. Bhutto's ideology was deeply rooted in socialist
principles, emphasizing the need for social justice, economic equality, and empowerment of the
marginalized. His vision demanded a fundamental transformation of Pakistan's socio-economic
landscape through various policies and initiatives aimed at uplifting the disadvantaged segments of
society.

Bhutto's socialist leanings advocated for the redistribution of wealth and resources to ensure a fairer
society. His policies prioritized the welfare of the working class, farmers, and the less privileged. He
envisioned a society where the state played a pivotal role in providing essential services, education,
healthcare, and housing to all citizens, irrespective of their socio-economic backgrounds. Bhutto aimed
to bridge the gap between the rich and the poor by implementing measures to uplift the impoverished
masses.

The Constitution of 1973 was a product of these historical factors, aiming to establish a federal
democratic system that addressed past governance challenges, accommodated diverse regional
interests, guaranteed fundamental rights, and defined the role of Islam in the state. Its formulation was a
response to the complex historical context of Pakistan and aimed to provide a stable and representative
framework for the nation's governance.

Challenges and aspirations of the diverse population

Before the formulation of the Constitution of Pakistan in 1973, the diverse population of the country,
particularly minority communities, faced several significant challenges that impeded their rights,
representation, and social integration. Here are five key challenges faced by minorities in Pakistan before
the 1973 constitution:

1. **Lack of Legal Protections and Discrimination**: Minority communities, including religious

minorities such as Christians, Hindus, Sikhs, and others, faced discrimination due to the absence of
comprehensive legal protections for their rights. Discriminatory laws and practices limited their access to
education, employment opportunities, and political representation. Blasphemy laws and anti-Ahmadiyya
ordinances further marginalized religious minorities, leading to persecution and societal prejudices.

2. **Violence and Targeted Attacks**: Minorities in Pakistan were subjected to violence, targeted
attacks, and communal tensions, resulting in loss of lives, property, and displacement. Religious minority
communities were vulnerable to attacks on their places of worship and faced threats to their safety due
to religious differences, leading to a sense of insecurity and fear among these communities.

3. **Limited Political Representation and Participation**: Minorities had limited political

representation and participation in the decision-making process. The absence of adequate
representation in legislative bodies and local governance structures reduced their ability to advocate for
their rights and address their concerns effectively. This lack of representation marginalized their voices in
the political sphere.

4. **Challenges in Socio-Economic Opportunities**: Socio-economic disparities existed among minority

communities, with limited access to educational and economic opportunities. Discrimination in
employment, lower socio-economic status, and limited access to resources hindered the socio-economic
progress of minority groups, perpetuating their marginalization within society.
5. **Social Stigmatization and Cultural Challenges**: Minorities often faced social stigmatization and
cultural challenges due to their religious or ethnic identities. They encountered societal prejudices and
biases, which hindered their integration into mainstream society. The lack of cultural acceptance and
respect for diverse identities posed significant challenges to their social cohesion and inclusion.

These challenges collectively created an environment where minority communities in Pakistan faced
systemic discrimination, violence, limited opportunities, and social marginalization. The absence of legal
protection and political representation exacerbated their vulnerability, hindering their ability to fully
participate in the socio-economic and political spheres of the country. The formulation of the
Constitution of 1973 aimed to address some of these challenges by providing a framework that
guaranteed fundamental rights and protections for minority communities, seeking to ensure their
inclusion and equal participation in the nation's development.

How constitution handles these challenges and meet minority aspirations?

The Constitution of Pakistan in 1973 addressed the challenges and aspirations of the diverse population
within the country by incorporating provisions that aimed to accommodate regional, ethnic, linguistic,
and religious diversity. It sought to create a framework that acknowledged the multifaceted nature of
Pakistan's society and promoted inclusivity and representation for all segments of the population.

Federal Structure and Provincial Autonomy: The constitution established a federal structure that
recognized the provinces as units of governance. It delineated the distribution of powers between the
federal and provincial governments, ensuring a degree of autonomy for the provinces. This recognition
of provincial autonomy aimed to address the aspirations of diverse regions and ethnicities within
Pakistan, allowing them to have a say in their local affairs and fostering a sense of participation and
representation.

Recognition of Regional Languages and Cultures: The 1973 Constitution acknowledged the importance
of linguistic diversity by recognizing regional languages as official languages alongside Urdu, the national
language. This recognition of diverse languages aimed to preserve and promote linguistic identities and
cultural heritage. It allowed for the use of regional languages in official communication and proceedings,
addressing the linguistic aspirations of various communities.

Protection of Minority Rights: The constitution included provisions safeguarding the rights of minorities,
ensuring their protection and representation in various spheres of life. It guaranteed religious freedom
and provided for the representation of minorities in the national and provincial assemblies. These
measures were intended to address the concerns and aspirations of religious and ethnic minorities,
promoting their inclusion and ensuring their participation in the democratic process.

Islam as the State Religion with Safeguards for Religious Minorities: While Islam was declared the state
religion, the constitution also safeguarded the rights of religious minorities. It guaranteed freedom of
religion and allowed for the establishment of personal laws for different religious communities. This
recognition of religious diversity aimed to ensure the protection of minority rights while maintaining the
Islamic identity of the state. The constitution sought to balance the role of Islam in the state while
ensuring the protection of the rights of non-Muslim citizens. While Islam was declared the state religion,
provisions were made to protect the religious freedoms and rights of individuals from diverse religious
backgrounds, reflecting an attempt to accommodate the aspirations of both religious and secular
segments of the population.

Provisions for Socio-Economic Equality and Justice: The constitution emphasized socio-economic justice
and equality, addressing the aspirations of marginalized and disadvantaged communities. It advocated
for land reforms, aimed at redistributing land to landless farmers, and promoted economic welfare
through measures such as nationalization of industries. These provisions aimed to address socio-
economic disparities and uplift the underprivileged sections of society.

In summary, the Constitution of Pakistan in 1973 sought to address the challenges and aspirations of the
diverse population within the country by recognizing and accommodating regional, linguistic, ethnic, and
religious diversities. It provided a framework that aimed to ensure representation, autonomy, protection
of rights, and socio-economic justice for all segments of the population, contributing to a more inclusive
and representative governance system in Pakistan.

Conclusion:
The formulation of the Constitution of Pakistan in 1973 was deeply influenced by a convergence of
historical and political factors that shaped the nation's trajectory. Historical factors, including the
aftermath of partition, constitutional struggles, regional tensions, and the challenges of post-
independence governance, underscored the urgent need for a comprehensive constitutional framework.
Political factors, such as the struggles for democracy, demands for social justice, and the vision of leaders
like Zulfikar Ali Bhutto, played pivotal roles in crafting a constitution that sought to address the
multifaceted challenges faced by a diverse population. The Constitution of 1973 aimed to accommodate
the aspirations of Pakistan's diverse population by embracing federalism, recognizing linguistic and
cultural diversity, safeguarding minority rights, acknowledging Islam as the state religion while ensuring
religious freedom, and advocating for equality and social justice. By addressing these challenges, the
constitution aimed to pave the way for a more inclusive, just, and unified Pakistan, providing a
foundational framework that sought to ensure the rights and representation of all segments of society
within the country.