ABSTRACT

This chapter outlines the characteristics of Pakistan's thirteen constitutional phases since independence. Constitutional government in Pakistan has been more sham than substance. Pakistan has had five constitutions in its brief history: one inherited at independence and four indigenous creations in 1956, 1962, 1972, and 1973. Pakistan's president was to be both head of state and head of government. Essential decisions were to flow to and from his office, implemented by powerful civilian bureaucrats. Bhutto governed until 1973 under military-sponsored emergency legislation; indeed, Bhutto was originally installed as civilian chief martial law administrator and president. The combination of prepartition enactments and Constituent Assembly legislation constituted the effective law of the state. The constitution also established the Basic Democrats as an electoral college to select the president and members of the National Assembly and provincial legislatures. The superior courts upheld the actions of the president, and elections were held, resulting in the victory of the Islami Jamhoori Ittehad and Mian Nawaz Sharif.