In Pakistan, constitution has been suspended or held in abeyance 3 times in its history:
- 1958 – First suspension occurred when General Ayub Khan imposed martial law after military coup, overthrowing government of President Iskander Mirza. The 1956 Constitution was abrogated, and Pakistan remained without a constitution until the 1962 Constitution was promulgated.
- 1977 – Second suspension was during General Zia-ul-Haq's military coup. Zia overthrew Prime Minister Zulfikar Ali Bhutto and imposed martial law, suspending the 1973 Constitution. Constitution was restored in phases over the years, with Zia holding considerable powers as President.
- 1999 – Third suspension happened when General Pervez Musharraf led military coup, overthrowing Prime Minister Nawaz Sharif's government. The 1973 Constitution was held in abeyance, though Musharraf later introduced various constitutional amendments during his rule.
These suspensions marked significant interruptions in the democratic process of Pakistan.
Under the
Constitution of Pakistan, the act of suspending or abrogating the Constitution is considered
high treason. The relevant law is outlined in
Article 6 of the 1973 Constitution, which states:
- Any person who abrogates, subverts, suspends, or holds in abeyance the Constitution by use of force or unconstitutional means, or conspires to do so, is guilty of high treason.
- Assisting in abrogating the Constitution: Any person aiding or abetting the act of suspending or abrogating the Constitution is also guilty of high treason.
Punishment for High Treason:
Under the
High Treason (Punishment) Act, 1973, the punishment for high treason is:
- Death penalty or
- Life imprisonment.
These provisions are meant to protect the supremacy of the Constitution and uphold the rule of law in Pakistan. However, in practice, the implementation of these laws has been influenced by political dynamics, especially in cases involving military takeovers. As of today, not a single military dictator was ever held accountable for
HIGH TREASON for abrogating constitution