First Constitution Assembly: Favored parliamentary form of

government at centre in provinces.  Few against parliament form of democracy because in the absence of two strong political parties, the parliamentary form of government when authority lies in cabinet responsible to legislature would become a fare.  Those who favored full fledged Islamic state thought parliamentary government was not in accordance with system existed in early days of Islam. they wanted head of the Islamic state should be Muslim, responsibility should be vested in head of the state.  First constituently assembly considered parliamentary form of government will ensure better relation between executive and legislature.

Second Constituent Assembly: Met in 1955 also supported

parliamentary of government at centre and provinces.  Draft presented to second constituent assembly in January 1956 had to be modified regarding provision relating to the powers and position of the head of the state.  It was made sure that real executive authority rested in cabinet responsible to legislature.

President and Cabinet: Executive authority of federation in 1956

constitution.  Vested in president Muslim, not less than 40 years, qualified for election as a member of national assembly. Elected by Electoral College combining of National assembly and Provincial Assembly.

 Hold office for 5 years not one then 2 terms president may be reached by N.A by absolute majority in case of violating constitution of gross in conduct.  He will not be allowed to hold any office in service of Pakistan.  If president is out of country speaker of National Assembly will exercisable function of president.  Cabinet of ministers will help and advice president and to follow their advise.  Constitution restricted president, discretionary power to the acting of a few non-convincible appointments such as Chairman and members of Federal Public service commission, chief election commissioner.  Important discretionary power of president was to appoint Prime minister who was most likely to command confidence of majority members of assembly.  Prime Minister shall hold office in the pleasure of president. Proposal evolved criticism, it was ascended. Prime Minister hold office in pleasure of president, but president shall not exercise his powers unless he is satisfied that PM does not command the confidence of majority of members of National Assembly .  Cabinet will be responsible to the National Assembly.

Function/Powers of President:
The president on the advice of the cabinet was entrusted with multifarious functions. President had the power to appoint Chief Justice of the Supreme Court, Judges of supreme and High courts, Governors of provinces, on the advice if the cabinet.

He could constitute National Economic Council, National Finance commission, commission to Islamic laws according to Islam. He had power to issues proclamation of political or financial emergency and could suspend a provincial Government. President had the power to raise and maintain Naval, Military and Air force of Pakistan. President had legislature function to be exercised on the advice of the cabinet. He could Sum on and dissolve the National Assembly on the advice of cabinet. President would cause the budget to be laid before National Assembly, no bill could be moved without President recommendation.

Federal Government:The form of constitution was federal in 1956 constitution, it was written constitution, dual polity (distribution of powers between National and Provincial Governments and Supreme Court). In a modern complex society, the federal system could hardly work satisfactorily without the process of centralization, yet the architect of 1956 constitution provided maximum room for decentralization. Legislature powers were distributed between centre and provinces under three lists: y Federal y Provincial y Concurrent

Parliament was given exclusive power to make laws concerning 30 items in federal List. Subject give to centre included foreign affairs, defense, currency, citizenship, foreign inter- Provincial trade and commerce, insurance all forms of telecommunication, minerals, oil and gas. Provinces held 94 items, included Police order, Justice, Police, Land, Agriculture, Local Government, Education, public health, Industries, Sanitation, Railway. Concurrent list was smallest, included civil and criminal law, scientific and industrial research, price control, economic and social planning, trade union. Under 1956 constitution, residuary power was vested with provincial legislature. Parliament was authorized to implement treaties with laws; it was given power to make laws for implementing treaty, agreement taken by an international body. Chief Justice of Pakistan was assigned an impatient role in the settlement of disputes between federal government and provincial government.

Federal Legislature:1956 constitution provided for uni-cameral system. First conflict relating to federal structure was over representation of two wings of the country. It was agreed that there should be parity of representation between East and West Pakistan.

Provinces in West Pakistan were amalgamated into a single unit by the second constituent Assembly. It was decided that legislature should have only one house in which parity of representation between east and West Pakistan could be maintained. Parliament consisted of president and National assembly. National Assembly most has 300 members, half elected by constitution in East and half constituencies in West Pakistan. In October 1956, National Assembly passed on electoral law Bill provided for joint electorate in East and a separate electoral West Pakistan which could not satisfy. No electoral law was changed to joint electorates for the whole country. Awami league in coalition work Pakistan National congress advocated joint electorate while no Muslim parties were opposed to it.

Voting Criteria:A person of 21 years old and citizen of Pakistan was entitled to vote. The candidate for election to National Assembly was to be not less than 25 years of age. These were to be two sessions of National Assembly each year, one session had to take place in Dhaka.

National Assembly:It would choose speaker and deputy speaker from its own members. National assembly had to frame its own rules of procedure. For

implement of president, removal of judges of Supreme Court, overriding of the presidents suspensive and amendments to constitution needed an absolute majority of the total members of National assembly.

Provincial Government and Legislature:Provincial assemblies like National Assembly were unicameral and were to be directly elected by the people through universal adult franchise under same electoral law. Relationship between provincial governor, Provincial Chief ministers and Provincial Assembly closely resembled that between president, Prime minister and National Assembly. y Governors could appoint and discuss the provincial cabinet through a procedure similar to that of president in exercising his powers at the centre. y Provincial cabinet was collectively responsible to the Provincial legislature to who could be dissolved by Governor on the advice of Cabinet.

Distribution of Powers between Centre and Provinces:In the distribution of legislature powers between centre and provinces, constitution allowed greater decentralization. Federal system called tendency towards unified control and authority. Maintenance of law and order was provincial subject, Federal government was vested with ultimate responsibility of ensuring peace

and safety of the country. Provincial government had to exercise its executive authority according to existing laws. Federal government was entitled to give direction to a province in the following matters. a) Constitution and maintenance of communication declared to be of national or military importance. b) Measures to be taken for the protection of railways with the province. c) The manner in which Executive authority of province was to be exercised for the purpose of preventing grave menace to the peace and tranquility of Pakistan. d) The president with constant of provincial government could extend functions.

Judiciary:1956 constitution ensured independence of judiciary. Efficiency and independence of judicial system depends upon method of appointment, tenure of service and salary of judges. There was no limit to the jurisdiction of Supreme Court in matters decided by the high courts. Judgment of Supreme Court was binding on all courts in Pakistan. All executive and judicial authorities had to act in the aid of Supreme Court like federal court; Supreme Court was entrusted with the task of interpreting the constitution. Supreme Court was given power to solve the dispute between y Federal government and government of one or both provinces.

y The federal government and government of a province on one side and government of other province. y Judiciary was made supreme guardian of constitution. Supreme Court considered of chief justice and not more than 6 judges. Chief justice was to be appointed by the president; other judges were to be appointed by president in constitution with the chief justice. Qualification for appointment as a judge of Supreme Court was either 5 years standing as judge of the high court. Retired age for Supreme Court judge was 65 years. Judge could be removed on the presentation of an address by National Assembly by not less than 1/3 total No. of members of the Assembly, by the president. 2/3 votes required to remove a judge. Constitution provided for two High courts, one for East Pakistan and the other for West Pakistan. Chief justice of high court was to be appointed by president after constitution with Chief Justice of Pakistan and Governor of the Province.