Section 8 (2) of the Indian Independence Act 1947 (the Independence Act), under which India and Pakistan gained independence from the British rule, stated that the new Dominions (India and Pakistan) would temporarily be governed according to Govt. of India Act, 1935 (the 1935 Act). This means that the 1935 Act was to serve as the constitution of the two new states until they frame their own constitutions. On 14th of August 1947, Lord Mountbatten issued the Pakistan (Provisional Constitution) Order, 1947 to adapt the 1935 Act as Pakistan’s provisional constitution.
Section 9 (1) (C) of the Independence Act empowered the respective governors-general of the two new states to make necessary modifications in the 1935 Act for its effective application. Resultantly, Muhammad Ali Jinnah, the then governor general of Pakistan, assigned the task to modify the 1935 Act to Justice Muhammad Sharif. Thus, Pakistan was governed by the 1935 Act from August 1947 to March 1956 when Pakistan’s first constitution was enforced. During these more than eight years, Pakistan experienced three governor generals, four prime ministers, and two constituent assemblies.
The Independence Act mandated constituent assemblies of the two new Dominions to frame new constitutions for their respective countries and also act as legislatures till the permanent constitutions are formed. Thus, a notification was issued in the Gazette of India on 26 July 1947 about the formation of Pakistan’s first Constituent Assembly comprising 69 members. Later, the membership was increased to 79 through Constituent Assembly (Increase and Redistribution of Seats) Act, 1949 to give representation to princely states, Balochistan, Tribal Areas, and Refugees.
The first session of the Constituent Assembly was held on 10 August 1947 at Sindh Assembly Building Karachi. On the first day, Jogendra Nath Mandal was elected its temporary chairman whose name was proposed by Liaqat Ali Khan. Thus, it was Mandal who delivered the inaugural address. The next day (11 August), Muhammad Ali Jinnah was elected as the President of the First Constituent Assembly. On 15 August, Muhammad Ali Jinnah was sworn in as Pakistan’s first governor general. The oath was administered by Justice Abdur Rashid, the first Chief Justice of the federal court. The first major constitutional document which the Constituent Assembly passed was the Objectives Resolution.