Constitutional framework

The task of framing a constitution was entrusted in 1947 to a Constituent Assembly that was also to function as the interim legislature under the 1935 Government of India Act, which was to be the interim constitution. Pakistan’s first constitution was enacted by the Constituent Assembly in 1956. It followed the form of the 1935 act, allowing the president far-reaching powers to suspend federal and provincial parliamentary government (emphasizing the viceregal tradition of British India). It also included a “parity formula,” by which representation in the National Assembly for East and West Pakistan would be decided on a parity, rather than population, basis. (A major factor in the political crisis of 1970–71 was abandonment of the parity formula and adoption of representation by population, giving East Pakistan an absolute majority in the National Assembly.)

In 1958 the constitution was abrogated, and martial law was instituted. A new constitution, promulgated in 1962, provided for the election of the president and national and provincial assemblies by something similar to an electoral college, composed of members of local councils. Although a federal form of government was retained, the assemblies had little power, which was, in effect, centralized through the authority of governors acting under the president. In April 1973 Pakistan’s third constitution (since the 1935 act) was adopted by the National Assembly; it was suspended in 1977. In March 1981 a Provisional Constitutional Order was promulgated, providing a framework for government under martial law. Four years later a process was initiated for reinstating the constitution of 1973. By October 1985 a newly elected National Assembly had amended the constitution, giving extraordinary powers to the president, including the authority to appoint any member of the National Assembly as prime minister.

With the end of military rule in 1988 and following elections to the National Assembly held in November of that year, the new president used those powers to appoint a prime minister to form a civilian government under the amended 1973 constitution. In 1997 the prime minister pushed through two significant changes to the constitution. The first revoked the president’s power to remove a sitting government, and the second gave the premier authority to dismiss from parliament any member not voting along party lines—effectively eliminating the National Assembly’s power to make a vote of no confidence. In 1999 a military government again came to power, and the constitution was suspended. The chief executive of that government initially ruled by decree and was made president in 2001. In 2002 the constitution was reinstated following a national referendum, though it included provisions (under the name Legal Framework order [LFO]) that restored presidential powers removed in 1997; most provisions of the LFO were formally incorporated into the constitution in 2003.

The amended constitution provides for a president as head of state and a prime minister as head of government; both must be Muslims. According to the constitution, the president is elected for a term of five years by the National Assembly, the Senate, and the four provincial assemblies. The prime minister is elected by the National Assembly. The president acts on the advice of the prime minister. Universal adult suffrage is practiced.

The National Assembly has 336 members, each of whom serves a five-year term. Of these, 266 seats are filled by direct popular election; 256 are for Muslim candidates, and 10 are for non-Muslims. Of the remaining seats, 60 are reserved for women, who are chosen by the major parties; in 2008 the assembly elected its first female speaker. The Senate has 100 members, each serving a six-year term. A portion of the senators are chosen by the provincial assemblies; others are appointed. One-third of the senators relinquish their seats every two years.

A unique feature of the constitution is the designation of a period of up to 60 days between the completion of the National Assembly’s term and general elections. Upon the dissolution, the president, on the advice of the outgoing prime minister and opposition leader, appoints a caretaker prime minister who is tasked with executing the regular duties of government until elections are held.

Local government

Pakistan’s four provinces are divided into divisions, districts, and subdistricts (tehsils, or tahsils). These units are run by a hierarchy of administrators, such as the divisional commissioner, the deputy commissioner at the district level, and the subdivisional magistrate, subdivisional officer, or tehsildar (tahsildar) at the tehsil level. The key level is that of the district, where the deputy commissioner, although in charge of all branches of government, shares power with the elected chairman of the district council. During the period of British rule, the deputy commissioner was both the symbol and embodiment of the central government in remote locations. Expected to serve the constituents in numerous ways, the officer’s responsibilities ranged from that of magistrate dispensing justice to record keeper, as well as provider of advice and guidance in managing the socioeconomic condition. Those multiple roles have varied little since independence, but increasing emphasis has been placed on self-help programs for the rural populace.

In addition to the provinces, Pakistan has the Islamabad Capital Territory and a number of tribal areas that are administered by the provincial governments. The areas of Kashmir under Pakistani control are administered directly by the central government.

Justice

Under the constitution there is a formal division between the judiciary and the executive branches of government. The judiciary consists of the Supreme Court, the provincial high courts, and (under their jurisdiction and supervision) district courts that hear civil cases and sessions courts that hear criminal cases. There is also a magistracy that deals with cases brought by the police. The district magistrate (who, as deputy commissioner, also controls the police) hears appeals from magistrates under him; appeals may go from him to the sessions judge. The Supreme Court is a court of record. It has original, appellate, and advisory jurisdictions and is the highest court in the land. At the time of independence, Pakistan inherited legal codes and acts that have remained in force, subject to amendment. The independence of the judiciary has been tested at times, most notably in 2007, when Pres. Pervez Musharraf replaced the chief justice and several other Supreme Court justices who challenged his constitutional legitimacy. Pressure from lawyers’ groups and opposition leaders led to the justices’ reinstatement in 2009.

The judicial system also has a religious dimension; a reorientation to Islamic tenets and values was designed to make legal redress inexpensive and accessible to all persons. A complete code of Islamic laws was instituted, and the Federal Shariat Court, a court of Islamic law (Sharīʿah), was set up in the 1980s; the primary purpose of this court is to ascertain whether laws passed by parliament are congruent with the precepts of Islam. The Sharīʿah system operates alongside the more secular largely Anglo-Saxon system and legal tradition.