A Definitive Study Guide to the Constitutional and Political Evolution of Pakistan: From Bhutto to the Eighteenth Amendment

Bhutto and the First Amendment: The Recognition of Bangladesh
Following the secession of East Pakistan in December $1971$, the recognition of Bangladesh became a highly sensitive political matter in Pakistan. While Zulfikar Ali Bhutto appeared inclined to recognize the new state—releasing Sheikh Mujibur Rahman for this potential outcome—he faced significant opposition and accusations of masterminding the nation's breakup. Bhutto initially sought a Supreme Court opinion, but the issue remained unresolved upon the enforcement of the $1973$ Constitution. The Constitution originally omitted East Pakistan from the described territories but included a provision to amend the document should the effects of foreign aggression be eliminated in the future.

The turning point occurred in February $1974$ during the Second Islamic Summit Conference in Lahore. Influenced by heads of state like King Faisal of Saudi Arabia and Muammar Qaddafi of Libya, Bhutto invited Mujib to the summit. Mujib demanded recognition as a separate national entity as a condition for his attendance. Consequently, Pakistan formally recognized Bangladesh, ending the controversy and acknowledging the bitter reality. This resulted in the First Amendment to the Constitution, which deleted Clause ($2$) of Article $1$, officially removing the provision for East Pakistan's representation.

Beyond territory, the First Amendment modified Article $17$, allowing reasonable restrictions on the freedom of association in the interest of sovereignty and integrity. If the federal government declared a political party prejudicial to the state, it had to refer the matter to the Supreme Court within $15$ days for a final decision. This provision was used to dissolve the National Awami Party (NAP) in $1975$. Additionally, the amendment reduced the max period between legislative sessions from $130$ to $90$ days, established service tribunals that abated pending court proceedings, and refined the process for High Court judges to attend sittings in other High Courts.

The Second Amendment: The Ahmadiyya Issue and the Definition of Muslim Identity

The anti-Ahmadiya movement, which had previously caused rebellion and martial law in $1953$, resurfaced in $1974$. On 22 May, $160$ students from Multan alleged that they were harassed by Ahmadis at the Rabwah railway station. Upon their return on 29 May, hundreds of armed Ahmadis reportedly injured more than $30$ students. This incident triggered nationwide riots and demands from Islamist parties like Jamaat-e-Islami and Majlis-e-Ahrar to remove Ahmadis from key government posts and declare them a non-Muslim minority. Demonstrations involved burning Ahmadi shops and factories. Bhutto initially resisted immediate legislative discussion to avoid public disorder, even suggesting an Indo-Soviet lobby had inspired the unrest to distract from India's atomic blast. However, facing pressure from ulema like Mufti Mahmood and threats of renewed violence, Bhutto relented.

In September $1974$, the National Assembly passed the Second Amendment. A new Clause ($3$) was added to Article $260$, defining a non-Muslim as anyone who does not believe in the absolute and unqualified finality of the Prophethood of Muhammad (PBUH) or who claims to be a prophet or religious reformer after him. Article $106$ was also amended to specifically mention Ahmadis among the groups defined as non-Muslims for representation in provincial assemblies.

The Third and Fourth Amendments: Curbing Political Dissent and Court Jurisdiction

The Bhutto government became increasingly repressive, leading to the Third Amendment in February $1975$. This amendment targeted the rights of political detainees. The original one-month period for a Review Board to examine preventive detention was extended to $3$ months. The time required for authorities to communicate the grounds of detention to a detenu was increased from $1$ week to $15$ days. Crucially, the limitation on detention—max $12$ months within $24$ months—was waived for those accused of anti-national activities or acting against the security of Pakistan, effectively allowing for indefinite detention. It also allowed an Emergency proclamation to continue indefinitely unless a joint parliamentary resolution disapproved it. The Fourth Amendment further curtailed the judiciary's powers. High Courts were prohibited from granting bail or making orders against the preventive detention of individuals. It also limited the duration of interim stay orders regarding public revenue collection to $60$ days. During the passage of this amendment, opposition members were physically thrown out of the National Assembly by security staff led by the Sergeant-at-arms, and the vote was rushed through in their absence. On a positive note, the amendment increased minority representation, providing $6$ special seats in the National Assembly and increasing Punjab's minority seats from $3$ to $5$.

The Fifth and Sixth Amendments: Executive Dominance Over the Judiciary

Historically, Pakistan's judiciary maintained a high reputation, though characters like Justice Muhammad Munir became controversial for validating constitutional disruptions. By the mid-$1970$s, rivalries between judges and issues of nepotism—where judges favored their sons in law practice—had begun to tarnish the institution. The Fifth Amendment ($1976$) was a direct attempt to "chastize" the judiciary. It fixed the tenure of the Chief Justice (CJ) of the Supreme Court at $5$ years and High Court CJs at $4$ years. If a High Court judge refused an elevation to the Supreme Court, they were forced into retirement. The amendment also allowed the transfer of High Court judges without their consent and limited the judiciary's power in contempt of court cases. Education Minister Abdul Hafeez Pirzada argued that the judiciary was overstepping into the legislative sphere, labeling such actions as high treason. The Sixth Amendment ($1977$) was passed shortly before the dissolution of the assembly. It allowed CJs who reached retirement age ($65$ for the Supreme Court, $62$ for High Courts) to continue in office until they completed their full tenure ($5$ or $4$ years). This was notoriously done to favor Justice Yakub Ali, a friend of Bhutto.

The Seventh Amendment and the Transition to the Zia Era

Following the disputed March $1977$ elections, the Pakistan National Alliance (PNA) launched massive protests. Bhutto attempted to negotiate, but when talks stalled, he introduced the Seventh Amendment in May $1977$. This novel provision allowed for a referendum to demonstrate public confidence in the Prime Minister. If the Prime Minister failed to secure a majority of total votes, they would be deemed to have resigned. This amendment also barred High Courts from exercising jurisdiction in areas where the armed forces were acting in aid of civil power under Article $245$. Despite the amendment, no referendum was held before General Ziaul Haq overthrew the government in July $1977$. Zia eventually orchestrated the Revival of the Constitution Order (RCO) in March $1985$ before restoring a partial civilian government. The RCO and the subsequent Eighth Amendment fundamentally altered the Constitution. The Objectives Resolution was made a substantive part of the text (Article $2$A), but the word "freely" was notably omitted from the clause regarding minorities' right to practice their religion. The Eighth Amendment gave the President discretionary power under Article $58$($2$)($b$) to dissolve the National Assembly if the government could not be carried on constitutionally. It also added stringent qualifications and disqualifications in Articles $62$ and $63$, requiring candidates to be of "good character," have adequate knowledge of Islamic teachings, and be "honest and ameen." Separate electorates for minorities were also constitutionally recognized.