Impact of Dictators on the Constitution of 1973 Of Islamic Republic of Pakistan

Abstract

The Constitution of 1973 came into effect on 23rd March 1973 and has been recognized as the most suitable and well written document of the state since its independence. But the constitution of 1973 which included the Article 6 of high treason has been also unable to stop the military dictators from violating the

constitution of the Islamic republic. In 1977 general Zia-ul Haq violated the constitution and overthrown the elected government and prisoned the elected prime minister Zulfiqar Ali Bhutto and later in 1979 hanged him, and again in 1999 another military general Pervez Musharaf through a coup dissolved the Nawaz Sharif government and prisoned him and later exiled him to Saudi Arabia. These events marked the turning points in the history of the Pakistan‘s constitutional development as Supreme court of Pakistan rather than halting these men from violating the constitution has legitimized their rule under the doctrine of necessity and have allowed them to make changes to the constitution of the state as they seem fit to continue their dictatorial rule. The dictators‘ changes to the constitution have completely changed the nature of the constitution as it has transferred the constitution from Parliamentary democracy to the Presidential form of government where the president has the powers. As Zia ul Haq introduced the 8th Amendment with clause 58(2)b which has ended the governments of the 1990s by the president, and Islamization of the society through the Islamic laws including ‗Hudood Ordinance‘ which has transferred a liberal state to a theocratic state.