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Old Tuesday, July 12, 2011
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The Radcliffe Award:


Outline:

Background
• Members Of Punjab Boundary Commission
• Member Of Bengal Boundary Commission
• Radcliffe Award
• Unjust Award In Punjab
• Unjust Award In Bengal
• Reaction To The Award


Background:

According to the provision of the 3rd June Plan, two Boundary commissions viz. The Punjab Boundary Commission and the Bengal Boundary Commission were constituted. These commissions were placed under the chairmanship of Sir Cyril Radcliffe, an English Lawyer. Members of the Boundary Commissions were as under:

Members Of The Punjab Boundary Commission:

Chairman: Sir Cyril Radcliffe
i) Mr. Justice Din Mohammad (Pakistan)
ii) Mr. Justice Mohammad Munir (Pakistan)
iii) Mr. Justice Mehar Chand Mahajan (India)
iv) Mr. Justice Tej Singh (India)

Members Of The Bengal Boundary Commission:

Chairman: Sir Cyril Radcliffe
i) Mr. Justice S.A Rehman (Pakistan)
ii) Mr. Justice Abu Saleh Mohammad Akram (Pakistan)
iii) Mr. Justice C.C. Biswas (India)
iv) Mr. Justice B.K Mukherjee (India)

Radcliffe Award:

Chairman of the Boundary Commission Sir Cyril Radcliffe arrived in India on 8th July, 1947 and instructed both the Commissions to demarcate the boundaries of their respective provinces on the basis of the contiguity of the Muslim and non-Muslim areas according to the 1941 census. The commissions started their work and the councils on behalf of the Muslim League, Congress, Sikhs and other parties presented their arguments. The chairman Radcliffe did not participate in public sittings but studied the records of the proceedings. Finally, as it was feared both the commissions failed to evolve agreed award due to a host of conflicting interests. As a result, Radcliffe gave his own awards in Punjab and Bengal.

Unjust Award In Punjab:

Cyril Radcliffe, the chairman of the Boundary Commission, as feared by Jinnah, could not maintain partiality and in order to please Mountbatten and Congress gave its prejudiced award.
In Punjab, the Radcliffe Award snatched a number of Muslim majority areas from Pakistan. These included Gurdaspur, Pathankot and Batala Tehsil (Gurdaspur district), Anjala Tehsil (Amritsar), Jullundur Tehsil (Jullundur district) and Zira and Ferozepur tehsils (Ferozepur district). Out of these, Pathankot tehsil was given to India in order to provide a link between Kashmir and India.

Unjust Award In Bengal:

Similarly, in Bengal province the most important question was related with the future of Calcutta. It was the capital of province. Although, the Muslims made a quarter of the population of Calcutta, large section of its population consisted of scheduled castes that were allied with the Muslim League. In any case, for more than two hundred years Muslims of Bengal had contributed to make Calcutta what it was in 1947 and centre of commerce and industry.
The city of Calcutta was the biggest educational, industrial and commercial centre. The development of Calcutta was based on the toil of Muslim peasantry of Bengal. East Bengal produced most of the raw material which had to be sent to Calcutta because all the factories and mills were in Calcutta.
The Congress leaders were determined to get Calcutta by foul and fair means. Eventually, Calcutta was awarded to India, ignoring the claims of the Muslims.

Reaction To The Radcliffe Award:
The biased Radcliffe award pleased the Hindus because it deprived Pakistan of many Muslim majority areas. On the other hand the Muslims of Punjab and Bengal were shocked to see the award which totally went in favour of India. Jinnah too was greatly disappointed but he accepted the plan with sportsman spirit. During the course of his broadcast speech, he said:

“The division of India now finally and irrevocably effected.
No doubt we feel that the carving out of this great inde-
-pendent Muslim State has suffered injustices. We have
been squeezed in as much as it was possible and the
latest blow we have received was the award of the
Boundary Commission. It was an unjust, incompre-
-hensible and perverse award, but we have agreed to
abide by it, it may be our misfortune but we must bear
up this one more blow with fortitude, courage and hope.”
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Kashmir, Hyderabad And Junagadh Instrument Of Accession:


Outline:

Background
• Accession Of Instrument
i) Junagadh
ii) Hyderabad
iii) Kashmir


Background:

At the time of partition of the Sub-continent in 14th August in 1947, there were 562 princely states in India. These states were given option to accede either to India or Pakistan keeping in view their geography and the wishes of their people. The Viceroy of India Lord Mountbatten addressed the princes on July 25, 1947 and allowed them:
“Accede to India or Pakistan bearing in mind the geographical situation of their respective states, the composition of their population and the wishes of their people.”
As a result of this provision, most of the 562 princely states acceded to India before 14th August 1947. But the States of Hyderabad and Kashmir-which were the largest states, withheld their announcement of accession either to India or Pakistan due to the contrast in the will of their people and the rulers.
Hyderabad state had an area of 82,000 sq. miles and population of 160,000,000, majority of which were Hindus. On the other hand, Kashmir had an area of 84,471 sq. mile and population of 4,000,000 out of which 77% were Muslims. The Indian government with the active support Lord Mountbatten adopted contrasting grounds to annex Hyderabad, Junagadh, Mangrol, Bantva and Kashmir States. In the case of State of Jammu and Kashmir fraudulent Instrument of Accession was put into operation to annex the state and the wishes of the majority Muslim population were disregarded. But in the case of Hindu majority Hyderabad State the will of the Muslim ruler was disregarded and the state was occupied by force.

Junagadh:

Junagadh was a small State located 300 miles down the coast from Karachi. It had an area of 3337 miles and a population of 700,000. Majority of its population was Hindu and its ruler was a Muslim. Soon after the independence, the rulers of Junagadh and Manavadar announced their accession to Pakistan. Quaid-e-Azam accepted the accession on September 5, 1947 but the government of India rejected by saying:
“such acceptance of accession by Pakistan cannot be regarded by Government of India as an encroachment on India’s sovereignty and territory and inconsistent with the friendly relations that should exist between the two dominions. This action is in utter violation of the principles on which the partition was agreed upon and affected.”
The government of Pakistan offered India to hold dialogue on this issue but India used force and occupied the state of Manavadar in October, 1947, Mangrol on November 1, 1947 and Junagadh on November 7, 1947. Pakistan could not stop Indian aggression because its forces were in the process of organization.

Hyderabad:

Hyderabad was the second largest State of India with an area of 82,000 sq. miles and a population of 160,000,000. Majority of its population was Hindu and its ruler the Nizam was a Muslim. Nizam wanted to accede to Pakistan but Lord Mountbatten forced him to accede to India. Subsequently, a standstill agreement was signed between Hyderabad and India according to which the former could not enter into any kind of relationship with foreign country. However, India broke this agreement and invaded Hyderabad on September 13, 1948, thus this State was also captured by India by flouting all norms and agreements.

Kashmir:

Kashmir was the largest State of India with an area of 84,431 sq. miles and had a population of 4,000,000. Majority of its population was Muslims but its ruler Hari Singh was a non-Muslim. There was a conflict of interests between the wishes of the people and the ruler of Kashmir. The people of Kashmir wanted to accede to Pakistan but its ruler Maharaja Hari Singh thought of Indian interests. Congress leaders and Lord Mountbatten hatched conspiracy to include Kashmir in India. For this purpose, violating standstill agreement with Pakistan, Hari Singh signed instrument of accession with India. Consequently, India occupied the valley through brutal use of force. Thus, the double standards of India adopted were fully exposed when it adopted different stances in respect of the states of Junagadh, Hyderabad and Kashmir.
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Quaid-e-Azam


Outline:

Introduction
• Quaid-e-Azam As An Ambassador Of Unity
• Resignation From Congress
• Constitutional Achievements
• Emergence As A Leader Of Muslim India
• Two-Nation Theory And Quaid-e-Azam
• Quaid-e-Azam As The Founder Of Pakistan


Introduction:

Quaid-e-Azam was the founder of Pakistan. He is considered one of the greatest leaders of the 20th century. During his political career spread over the first half of the 20th century, he single- handed led the Muslims of the Sub-continent and transformed the Two-Nation Theory into reality of an independent Pakistan. Thus he not only altered the course of history and modified the map of the world but also created a nation-state, an act which has remained unparalleled in the history of the world.

Quaid-e-Azam As An Ambassador Of Unity:

On his return from England, Quaid-e-Azam Mohammad Ali Jinnah started his political career by joining Indian National Congress in 1905. A year later, All-India Muslim League was established in 1906, but he did not join it immediately. Subsequently, events like the Partition of Bengal and its annulment convinced him that Muslims of India had their own political problems. Thus, in 1913 he joined Muslim league in order to work for self-rule in India. He also advocated the cause of Hindu-Muslim unity and succeeded in holding a joint session of Congress and Muslim League in Lucknow in 1916. These efforts earned him the title of the ambassador of Hindu-Muslim Unity.

Resignation From Congress:

During and after the First World War certain events convinced Jinnah that the Hindus were not sincere to the Muslims. Moreover, his belief in constitutional means was totally opposite to the violent methods adopted by Gandhi. Thus in the Nagpur session of the Congress held in September 1920, he opposed the resolution of Non-Cooperation Movement, but Congress passed this resolution. Consequently, Jinnah resigned from the membership of Indian National Congress, and devoted his full energies to the cause of the Muslims of the Sub-continent.

Constitutional Achievements:

Jinnah was basically an advocate and believed in constitutional methods for the achievement of his political goal. After the first World War, the British Government introduced the Montague Chelmsford Reform in1919.However; the system of Diarchy could not satisfy the Indians. Consequently, in 1927, the British Government appointed a statutory commission under Simon to review the working of reforms. The commission visited India in 1928 and 1929. The Congress and Jinnah League boycotted the commission while Shafi League cooperated with it.

Moreover, in March 1929, Jinnah put forward his famous Fourteen points as the minimum Muslim demands to be incorporated in the future constitution of India. These demands confirmed his political insight because through these demands he succeeded in safeguarding the constitutional rights of the Muslims. His points included one-third representation for Muslims in Central Legislature and separation of Sindh from Bombay presidency. The British Government made Sindh a separate province through the Government of India Act in 1935.

Later on, in 1930 and 1931, Jinnah participated in Three Round Table Conference held in London. Most of the time of these Conferences was consumed in discussing the communal problem. On this occasion Jinnah declared that:

“The first and foremost thing that we have to provide is that
the various interests are safeguarded and you cannot possibly
frame any constitution unless you have provided safeguard
for the rights and interests that exist in India.”


Emergence As A Leader Of Muslim India:

After the death of Sir Mohammad Shafi in 1932 and Sir Fazle Hussain in 1936, the Muslims of the sub-continent looked towards Quaid-e-Azam to lead them in the struggle for Independence. After returning from England in 1934, Quaid-e-Azam had started restructuring the Muslim League. Along with Liaquat Ali Khan and other companions, Quaid-e-Azam toured the sub-continent and established branches of Muslim League in all the important towns. In 1936, a Parliamentary Board comprising of 54 members was constituted. The position of League was strengthened when Congress ministries malfunctioned from July 1937 to October 1939. During this dictatorial rule, the Congress ministries tried to influence Muslim religion, culture, language and learning by introducing textbooks depicting Hindu faith. The Pirpur Report, the Sharif Report and the pamphlet published by Fazlul Haq disclosed the harrowing tales of congress atrocities.

During this period, Quaid-e-Azam led the Muslims wisely and his stature improved with the passage of time. In October, 1937, during the Lucknow session of All-India Muslim League Sir Sikandar Hayat, Maulvi Fazle Haq and Mohammad Saadullah proclaimed Jinnah as their leader.

Two-Nation Theory And Quaid-e-Azam:

Quaid-e-Azam was the pioneer of Two-Nation theory in the sub-continent. He was the first Muslim leader to declare that Muslims were a separate nation from the Hindus. On the basis of this theory, he built the edifice of the demand for Pakistan. He proclaimed, “India was inhibited by two distinct nations-Hindus and Muslims-which could not live together in one State.” He expounded this theory in such detail and with such effect that most Muslims and even some Hindus come to believe in its truth. During his Presidential address delivered on 22nd March, 1940 in the annual session of Muslim League held at Lahore, he declared:

“Hindus and Muslims belong to two different religions,
Philosophies, social customs and literatures. They
neither inter-marry nor interdine together and indeed
they belong to two different civilizations which are
based mainly on conflicting ideas and conceptions.”


Subsequently, on the basis of the Two-Nation theory, All India-Muslim League passed its historic Lahore Resolution on 23rd March 1940, in which it was demanded that geographically contiguous units were demarcated into regions which should be so constituted with such territorial readjustment as might be necessary that the areas in which the Muslims were numerically in majority as in the North-Western and Eastern Zones of India be grouped to constitute Independent States in which constitutional units should be autonomous and sovereign.

Quaid-e-Azam As The Founder Of Pakistan:

Quaid-e-Azam’s strategy of proving Hindus and Muslims as two nations worked wonders. After the passage of Lahore Resolution on 23rd March, 1940, the Muslims of India were charged with the idea of separate Independent country which set a definite goal before them. Henceforward Jinnah emerged as their national hero and the Muslims throughout the country flocked under the banner of Muslim League for the final March for the achievement of Pakistan. The Muslims of India considered Jinnah their sole leader and liberator. The high esteem and importance enjoyed by Jinnah among the Muslims in the forties can be judged from the fact that he was elected the president of Muslim League for continuously eight times in succession from 1937 (Lucknow) to 1944 (Karachi). Thus, through political insight of Jinnah, the Muslims emerged as a strong nation to challenge the monopoly of Hindus.

The march for the achievement of Pakistan continued and Quaid-e-Azam single-handed countered all moves by the British and the Hindus. In 1944, h held talks with Gandhi and further justified his two-nation theory. Gandhi refused to accept his concept but Jinnah persisted with claim that:

“We maintain and hold that Hindus and Muslims are two major
nations by any definition or test of a nation.

The Hindu leaders termed the partition of Sub-continent as the vivisection of their motherland and tried to create all sorts of hurdles in order to block the creation of Pakistan. However, Jinnah remained firm and refused to withdraw his demand for separate independent Muslim state. Thus his strong will supported by the Muslim nation triumphed against heavy odds. In 1945-46 General election, the Muslims voted in the favour of Pakistan. Consequently, the Cabinet Mission was forced to accept the scheme for Pakistan by grouping the provinces into Muslim majority and Hindu majority provinces as three blocks. Later on, Mountbatten Plan of 3rd June 1947 paved the way for the partition of the Sub-continent. Thus on 14th August, 1947 Pakistan emerged on the map of the world as an independent Muslim State mainly through the efforts of Quaid-e-Azam Mohammad Ali Jinnah. He had indeed altered the course of history, modified the map of the world and created a nation-state.
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Objective Resolution:


Outline:

Background
• Salient Features Of Objective Resolution
i) Sovereignty Of Allah
ii) Principles Of Democracy
iii) Islamic Way Of Life
iv) Minority Protection
v) Federalism Of Pakistan
vi) Fundamental Rights
vii) Minority Rights
viii) Independence Of Judiciary
ix) Integrity Of Federation.
• Objective Resolution Magna Carta Of Pakistan
• Subsequent Demands For Islamization In Pakistan


Background:

Quaid-e-Azam laid the foundation stone of Constitution-making. But after death on September 11, 1948, the process of constitution-making slowed down.
Khan Liaquat Ali Kahn rose to the occasion and took a practical step towards constitution-making. He furnished a resolution in the Legislative Assembly on 12th March, 1949. This resolution was popularly known as “Objective Resolution.”

Salient Features Of Objective Resolution:

After a long discussion, the assembly adopted the “Objective Resolution” moved by Liaquat Ali Khan on March 12, 1949. Objective Resolution contained the following features for the constitution of newly-born country:

i) Sovereignty Of Allah:

The preamble of Objective Resolution recognized the sovereignty of Allah over the entire universe and the authority which He delegated to the State of Pakistan through its people.

ii) Principles Of Democracy:

The principles of democracy, freedom, equality, tolerance and social justice initiated by Islam shall be fully observed.

iii) Islamic Way Of Life:

Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Holy Quran and Sunnah.

iv) Minority Protection:

Adequate provision shall be made for minorities to freely profess and practise their religion and develop their culture.

v) Federation Of Pakistan:

The territories now included in or in accession with Pakistan and such other territories as they may after be included or accede to Pakistan shall form a federation wherein the units will be autonomous with boundaries and limitations on their power and authority as may be prescribed.

vi) Fundamental Rights:

Fundamental rights including the equality of status, of opportunity and before law, social and political justice and freedom of thought, expression, faith, belief, worship and association subject to law and public morality shall be guaranteed.

vii) Minority Rights:

Adequate provision shall be made to safeguard the legitimate rights of minorities and backward and depressed classes.

viii) Independence Of Judiciary:

The independence of Judiciary shall be fully secured.

ix) Integrity Of Federation:

The integrity of the territories of Federation, its independence and all its rights including its sovereign rights on land, sea and air shall be safeguarded.

In the context of above mentioned features, constitution-making process in Pakistan became alive again. People from different walks of life demanded the promulgation of this resolution in practice in Pakistan.

Objective Resolution Magna Carta Of Pakistan:

Objective Resolution can be called Magna Carta of Pakistan because thanks to this resolution, fundamental rights have also been given to the people of Pakistan. In Magna Carta, British King John also gave fundamental rights to its citizens in the advent of the 13th century (1215). King was supposed to act according to the law rather than according to his caprice or will.
In Objective Resolution, sovereignty is kept with Allah and man is considered His vicegerent. According to Objective Resolution no law should be enacted in this state against the canons off Islam. Fundamental rights have also been given to all of the communities. minorities’ rights have been protected in this resolution. Therefore, in the context of above mentioned facts, Objective Resolution can be called Magna Carta of Pakistan.

Subsequent Demands For Islamization:

After the acceptance of Objective Resolution on March 12, 1949, demand for Islamization in Pakistan was at its peak. Ulemas became active in the implementation of Objective Resolution in the whole country.
Basic principles committee with its chairman Liaquat Ali Kahn appointed some sub-committees to examine fundamental rights, judicial, federal and provincial structure of the country.
The report of the committee received heavy criticism from the society on the issue of Islam. Ulemas from all sects presented their demands for Islamization in Pakistan which are as follows:
i) Go is the sovereign of the whole universe.
ii) All the laws of the government should be according to the pristine injunctions of Islam.
iii) Head of the state and the government should be Muslim.
iv) Rule of law should be implemented in its real form.
v) Judiciary should be kept separate from the executive.
vi) Basic amenities of life should be fulfilled by the government i.e. clothing, food, shelter, health and education etc.
vii) Minorities should be allowed to present their religion in the limits given by Islam.
viii) Minorities’ rights should be protected efficiently.
ix) The publication of such material would be proscribed which might be against the basic ideology of Islam.
x) No law would be made against the Sharia.
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Constitution Of 1956


Outline:

Background
• Salient Features Of Constitution Of 1956
i) Preamble
ii) Written Constitution
iii) Semi-rigid Constitution
iv) Federal System
v) Unicameral Legislature
vi) Parliamentary System
vii) Independent Judiciary
viii) Basic Rights
ix) National Language
x) Islamic Provisions Of The Constitution Of 1956
• Critical Analysis/Drawbacks Of The constitution
• Causes Of The Failure Of The Constitution


Background:

Chaudary Mohammad Ali was a sincere politician and an experienced parliamentarian. He took personal interests in the constitution-making process. He presented the draft of the first Constitution of Pakistan in the second assembly. It was approved by the assembly on 29th February, 1956. Then this draft was sent to the Governor-General Major-General Iskander Mirza who ratified it on 2nd March, 1956. Thus, the first constitution of Pakistan was formed nine years after the independence of the nation. Finally, the first constitution was enforced on 23rd March, 1956 and Pakistan was declared as Republic.

Salient Features Of The Constitution Of 1956:

i) Preamble:

Objective Resolution was made a part of the constitution of 1956 which declared that the all sovereignty belonged to Allah.

ii) Written Constitution

The Constitution of 1956 was a written document. It consisted of 234 Articles, 3 Parts and 6 Schedules.

iii) Semi-rigid Constitution:

It was a semi-rigid constitution. Unlike the constitution of USA, it was not very difficult to make amendment to it; only one-third majority of the assembly could make an amendment to it.

iv) Federal System:

The Constitution of 1956 provided a federal system in the country which consisted of the following institutions:
a) The President
b) The Government
c) The Parliament

a) President:

According to the constitution of 1956, President was the head of the State. He was a Muslim who was elected by the National Assembly and all the four provincial assemblies by a majority vote for a period of five years. He enjoyed the following powers:

• He could nominate the Prime Minister.
• He could appoint the provincial governors, judges of Supreme and High Courts, Auditor General and Advocate General.
• He could call a session of the National Assembly and was authorized to dissolve it.
• He was authorized to promulgate ordinance during the period when the National Assembly was not in session.
• H was authorized to reduce or condone the punishment given by the Courts.
• He could declare emergency in the country.

b) Federal Government:

Federal Government comprised the President, the Prime Minister, the National Assembly, and the Federal Cabinet. The Chiefs Of Army, Navy and Air Force and the Supreme Court. The federation of Pakistan comprised four provinces, federal and tribal areas. There were three lists of subjects viz, the federal list, the provincial list and the concurrent list.

c) The Parliament:

The constitution of 1956 provided a unicameral legislature called the National Assembly which consisted of 300 members. Out of these, 150 members were elected from East Pakistan and 150 from West Pakistan. It enjoyed full authority over the federal list of subjects. It was compulsory to call two sessions of the assembly in a year one to be held in Decca while the other was to be convened in Karachi.

v) Independence Of Judiciary:

the constitution of 1956 established an independent judiciary which consisted of the following Courts:

a) The Supreme Court
b) The High Courts (One each in East and West Pakistan)
c) The Lower Courts.

The Supreme Court was the highest court of the country. It not only heard appeals from the Lower Courts but also interpreted the Constitution at the request of Federal or the Provincial authorities. Similarly, two High Courts were established in Decca and Karachi. Judges of these courts were appointed by the President of Pakistan.

vi) Basic Rights:

The Constitution of 1956 provided the following Basic Rights to Its people irrespective of religion, caste or creeds.

a) Safeguard against arrest and detention
b) Security to person and property
c) Safeguard against forced labour
d) Freedom of movement
e) Freedom of speech
f) Freedom of assembly
g) Freedom of association
h) Freedom to hold property
i) Freedom to profess religion
j) Freedom to earn livelihood

vii) National Language:

Both Urdu and Bengali were grated the status of national languages. However, it was decided that English would be the official language for 25 years.

viii) Islamic Provision Of The Constitution:

The Constitution of 1956 included the following Islamic Provisions:
a) According to the Constitution of 1956, the country was named as “Islamic Republic Of Pakistan.”
b) The Objective Resolution was made a part of it which declared that Sovereignty of the universe belonged to Almighty Allah.
c) According to Article 32, the President of Pakistan would be a Muslim and of 40 years of age.
d) Article 18, provided that the all citizens would be free to profess and practice their religion.
e) The constitution put a ban on liquor, gambling and prostitution.
f) According to Article 198, no un-Islamic law would be enacted in Pakistan.
g) The constitution provided for brotherly relations with Muslim countries.
h) The constitution included a provision for the establishment of an Islamic Research Institute.
i) It also provided for setting up an Islamic Advisory Council.

Critical Analysis/Drawbacks Of The Constitution Of 1956:

The Constitution of 1956 was a great achievement but it was also criticized for its some flaws. We can pinpoint some of them as following:

i) Absence Of Islamic Provisions:

No provisions were made to make Islam as a state religion.

ii) Head Of A State:

In the absence of the President, the speaker of the National assembly might be acting president and a speaker might be a non-Muslim. In other words, Head of the state could be a non-Muslim.

iii) Authority Delegated To The People:

According to the Constitution, the authority was delegated to the people of Pakistan and the people of Pakistan could be Muslims and non-Muslims.

iv) Interpretation Of Quran And Sunnah:

Interpretation of the Quran and Sunnah was referred to the legislature rather than theologians. Hussain Shaheed Suharwardi said,” you are deluding the people by calling it an Islamic State.”

v) Response Of East Pakistan:

The people of East Pakistan were not happy with this constitution because they were demanding their share in the government according to their population because their population was more than that of West Pakistan. Moreover, they were demanding to declare the religion of the State as Islam. But the rulers of the day were not inclined to do. General Iskander Mirza said, “We cannot run wild on Islam.” So these controversies gave rise political and constitutional problems in the country and ultimately paved the way for military intervention.

Causes Of Failure Of The Constitution:

The Constitution of 1956 was abrogated in 1958. The causes of its failure were as under:

a) The multi-party system was one of the main causes of its failure.

b) General elections were not held up to 1956. Consequently, the parliamentary system did not strike roots in country.

c) The politicians were insincere and preferred their personal interests over national interests.

d) The eleven-year period from 1947 to 1958 was a period of political instability which witnessed the rise and fall of nine prime ministers. These circumstances were not conducive to democracy which was a hallmark of the constitution of 1956.

e) The constitution was modelled on the One Unit of West Pakistan.
Opponents of the One Unit created hatred against the Constitution.

f) Irresponsible and unpatriotic acts of Ghulam Mohammad destabilized the democratic process. He did not hesitate to dissolve the First Constituent Assembly. Similarly, the Federal Court was pressurized to give verdict against the Sindh High Court which was a mockery of democracy. Later on, Iskander mirza promoted the palace intrigues which led to frequent rise and fall of ministries.

g) In the early fifties, the political, geographical, military and administrative problems of Pakistan brought economic depression in the country. These circumstances led to unemployment, bribery, hoarding and dearness. The politicians exploited the situation at the cost of democratic values. Thus, people lost faith in the constitution of 1956.

h) At the time of Independence, Pakistan did not inherit any constitutional traditions because it had yet to frame its own constitution which suited its particular Islamic and democratic requirements. As an interim arrangement, the government Of India Act, 1935 was enforced with certain amendments. Subsequently, the First Constituent Assembly took nine years to give to the country its first constitution in 1956. The selfish politicians did not miss any opportunity to damage the image of democracy. The ministries continued to fall like nine pins even after the enforcement of the constitution of 1956. These circumstances convinced the military regimes that the Constitution of 1956 was incapable of meeting the challenges of the day.
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Constitution Of 1962


Outline:

Background
• Salient Features Of The Constitution 1962
a) Written Constitution
b) Rigid Constitution
c) Federal System
d) Presidential form Of Government
e) Powers Of President
f) Unicameral Legislature
g) Provincial Government
h) The Principles Of Policy
i) Indirect Elections
j) Fundamental Rights
k) Judiciary
l) Islamic Provisions
m) Other Institutions
n) National Language
• Causes Of Failure Of The Constitution-Critical Analysis


Background:

Ayub Khan constituted a Constitutional Commission on 17th Feb, 1960, under the chairmanship of Justice Shahabudin. The Commission comprised ten members from the both wings of the country. In order to appraise itself of the causes of the failure of the parliamentary system and the opinion of the people, the Commission prepared a questionnaire and printed its 28,000 copies in Urdu, Bengali and English languages. These copies were distributed throughout the country but only 6,289 replies were received. In addition to, the Commission visited various parts of the country and interviewed 565 people who were interested in constitutional matters. Finally, the commission submitted its report to the President in May, 1961. On the basis of this report a new constitution was framed which was enforced in the country on 8th June, 1962.

Salient Features:

a) Written Constitution:

Like the constitution of USA, INDA and France, the constitution of 1962 was a written document. It comprised of 250 Articles and 5 Schedules.

b) Rigid Constitution:

It was a rigid constitution and it was not easy to make an amendment to it. A two-third majority of all the members of the National Assembly was required to make any amendment. If the amendment concerned provinces then it was necessary that the two-third majority of all the members of the concerned provincial assembly approve the proposed amendment. Finally, the President had the authority to use is powers of veto against the amendment. In this case the Assembly could pass the amendment with a three-fourth majority. But the President enjoyed the powers to veto it again and to ask for a referendum by the 80,000 members of Basic Democracies.

c) Federal System:

The constitution provided for a federal system with the principle of parity between East Pakistan and West Pakistan.

d) Presidential Form Of Government:

The constitution of 1962 established a presidential form of government. According to this system, the President was the Head of the State. He must be a Muslim not less than 35 years of age.

e) Powers Of President:

The term of President was 5 years to act as the Head of the State as well as Chief Executive-solely responsible for country’s administration. Governors and ministers could be appointed and removed by him. He was eligible to promulgate any ordinance and veto against any legislated law. He could make his Cabinet and the members of his cabinet should not be necessarily the ministers of the National Assembly. He was the most powerful person to administrate and legislate. He was not answerable to National Assembly. He had all powers to accept any bill of the assembly or cancel it. Powers to nominate the Judges of Supreme and High Courts, Auditor General, Advocate General, Higher Officials of the army and higher bureaucracy were in his hands.

f) Unicameral Legislature:

The Constitution of 1962 established a unicameral legislation in the country which consisted of 156 members. The number was increased to 218, out of these 200 members were elected, ten were nominated by government and eight reserved for women. This assembly was called the National Assembly.

g) Provincial Government:

According to the constitution, the provincial governments were established in both wings of the country. The provincial governments were headed by the Governors who could appoint provincial ministers with the approval of the President.

h) Principles Of Policy:

Following were the principles of policy:

i) No law shall be framed in contravention to Quran and Sunnah.
ii) Illiteracy will be wiped out of the country.
iii) Rights of minorities will be protected.
iv) Both the provinces enjoy the full powers.
v) Friendly relations will be established with the Muslim countries.
vi) Prohibition on the use of drugs in the country.
vii) The standard of living of people will be raised.
viii) Special attention will be give towards education, health and welfare of the people.

i) Indirect Elections:

This constitution established the system of indirect elections. An electoral college comprising 80,000 members (later on 1, 20,000) of Basic Democracies elected the president of the country and the members of the National Assembly.

j) Fundamental Rights:

This constitution guaranteed to all the citizens their fundamental rights of speech, movement, peaceful assembly, prosperity and religion.

k) Judicial System:

The constitution established an integrated judiciary which comprised higher courts and lower courts. Supreme Court was the highest court of Pakistan. It could hear appeals against the decisions of lower courts. In addition to, it had the authority to interpret the constitution. The lower courts included the High Courts, District courts and Service Tribunals.

l) National Languages:

Urdu and Bengali were declared national languages but English was retained as an official language.

m) Islamic Provisions

i) God’s sovereignty was proclaimed as the basic principle.

ii) Pakistan was declared as “Islamic Jamahiriya Pakistan:

iii) The president must be a Muslim.

iv) No laws against Islamic rules would be enforced.

v) Islamic Research Council would be established aiming at organizing the Muslim Society.

vi) Islamic Advisory Commission which was comprised of prominent religious scholars.

n) Other Institutions:

The Constitution of 1962 established the following institutions:
i) National Economic Council
ii) National Finance Commission
iii) Election Commission Of Pakistan

Causes Of The Failure Of The Constitution Of 1962-Critical Analysis

The Constitution of 1962 could not win popularity among masses due to following reasons:

i) Gen. Ayub Khan’s rule was a constitutional autocracy and the constitution of 1962 was actually just a tool to achieve this purpose. That is why it could not become popular among people.

ii) The Constitution conferred unlimited powers on the President. President Gen. Ayub Khan’s regime could be compared to the British vice-regal system which existed in India during the thirties and forties of the century.

iii) The people of East Pakistan were not happy with the constitution because West Pakistan dominated all spheres of life. All the high officers like Presidents, Commander-in-Chiefs of Army, air Force and Navy were from West Pakistan.

iv) The system of Basic Democracies introduced method of indirect election to the President and the National Assembly which deprived Pakistani people of their basic rights.
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Constitution Of 1973


Outline:

Background
• Salient Features Of The Constitution Of 1973
a) Written Constitution
b) Introductory
c) Rigid Constitution
d) Federal system Of Government
e) Parliamentary Form Of Government
f) Bicameral Legislature
g) Direct Method Of elections
h) Fundamental Rights
i) Independent Judiciary
j) High treason
k) Rule Of Law
l) National Language
m) Single Citizenship
n) Referendum
o) Principles Of Policy
p) Islamic Provisions
q) Other Institutions
• Critical Analysis


Background:

After the debacle of 1971, the country faced serious political and constitutional problems. The Constitution of 1962 had been abolished. Zulifqar Ali Bhutto when took over the reins of the country, he gave a serious attention towards the framing of a new constitution for the country. The National assembly appointed a committee on 17th February, 1972. The committee was headed by Hafiz Pirzada to frame a draft constitution for the new constitution. The committee submitted the draft constitution in the National Assembly on 2nd February, 1973. The draft was passed by the assembly and the President gave his assent on April 12, 1973. It was promulgated on 14th August, 1973.

Salient Features Of The Constitution Of 1973:

a) Written Constitution:

The constitution of 1973 is a written document. It consists of twelve parts comprising of 27 Chapters and 280 Articles. The twelve parts deals with the following topics.

Part One= Introductory Part
Part Two= Deals with Fundamental Rights
Part Three= Deals with the Federation Of Pakistan
Part Four= Deals with the Provinces
Part five= Deals with the links between Federation and Provinces
Part Six= Deals with the matters like finance, property and contracts.
Part Seven= Deals with Judiciary
Part Eight= Deals With Electoral System
Part Nine= Deals with Islamic Provisions
Part Ten= Deals with emergency
Part Eleven= Deals with Amendment Procedure
Part Twelve= Deals with Miscellaneous matters.

b) Introductory:

The constitution of 1973 commences with an introductory in which Objective Resolution is included which declares God’s sovereignty over the Universe.

c) Rigid Constitution:

It is a rigid Constitution means it is not easy to make amendment to it. only Two-third majority of both the houses of Parliament is required for any amendment.

d) Federal System:

The constitution introduced a federal system in the country. According to this system, the country consisted of federal government and four provinces. President is the Head of the State.

e) Federal system Of Government:

Unlike the Constitution of 1962, the Constitution of 1973 introduced a parliamentary system of Government in the country. Prime Minister is the Head of the government. He is the leader of the majority party in the parliament. He runs the affairs of the country with the help of a cabinet. The members of his cabinet are elected by the ministers of parliament. Prime Ministers enjoy wide powers.

f) Bicameral Legislature:

Unlike the constitution of 1956 and 1962, this constitution set up a bicameral legislature comprising of a National Assembly (Majlis-e-Shoora) and a Senate. The tenure of the National Assembly is five years. The Senators are elected for the term of 6 years. Half of the members of Senate retire after every three years.

g) Direct Elections:

The Constitution of 1973 provides for a direct system of election to the members of national and provisional assemblies. The elections are held on adult franchise basis.

h) Fundamental Rights:

This constitution guarantees the following fundamental rights to all citizens, these are:

i) Security of person and property
ii) Safeguard against slavery and forced labour
iii) Freedom of Movement
iv) Freedom Of Speech
v) Freedom Of Peaceful assembly
vi) Freedom to hold property
vii) Freedom to earn livelihood
viii) Equality before law
ix) Freedom to profess religion
x) Protection of language and culture

j) Independent Judiciary:

This constitution has set up independent judiciary in the country. The Judges are appointed by the President of Pakistan but they cannot be removed from services without the recommendations of Supreme Judicial Council.

k) High Treason:

This constitution declares that any unlawful abolishment of the constitution of Pakistan would be considered a high treason.

l) Rule Of Law:

The constitution has established rule of law in the country. According to this constitution the people of Pakistan are guaranteed their fundamental rights and all of them are equal before law.

m) National Language:

Urdu has been declared national and English as an official language.

n) Single Citizenship:

This constitution has enforced the principle of single citizenship in Pakistan. According to this provision, the duties and rights of the citizens are determined by the federal constitution only. Thus throughout the country the people are the citizens of Pakistan only.

o) Principle Of Policy:

The following principles of policy have been laid down in the constitution of 1973.

• Local Bodies will be set up for solving local problems.
• The parochial prejudices will be discouraged.
• The women shall be given equal representation in all spheres of life.
• The rights of minorities will be protected.
• Links with Muslim countries will be promoted.
• People from all parts of the country allowed to serve in Armed Forces.
• State shall promote social justice.

p) Islamic Provisions:

The Constitution included following Islamic provisions:
• Country was named as Islamic Republic Of Pakistan.
• God’s sovereignty was declared over the universe and authority delegated by Him is a sacred trust.
• Islam was declared as a State religion of Pakistan.
• Teachings of Holy Quran and Arabic made compulsory in the country.
• Muslims shall be allowed to mould their lives according to the teachings of Islam.
• Prime Minister and President should be Muslims.
• During oath-taking ceremony, both Prime Minister and President must declare that they believe in the Oneness of God/Almighty Allah, the sacred revealed books of Allah with the Holy Quran being the last of all and the Prophet hood of Muhammad (PBUH) as the last prophet of Allah.
• Parliament was given the Islamic name as Majlis-e-Shoora.
• Establishment of Council of Islamic Ideology to bring all the existing laws into conformity with the injunctions of Holy Quran and Sunnah and advice the President, National Assembly, Senate, Governor or Provincial Assemblies on Islamic matters.
• Promotion of friendly relations with the Islamic countries be promoted.

q) Referendum:

This constitution allows the President to hold referendum on national issues of extreme importance. Prime Minister can also ask the President to hold referendum on any national issue.

Critical Analysis:

In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam. The Islamic Advisory Council was set up to recommend ways and means to bring existing laws of the country in conformity with the Islamic principles.

The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979. However, General Muhammad Zia-ul-Haq who ran the country with Martial Law passed the Eighth Amendment in the Constitution in 1985. This Amendment empowered the President to dissolve the National Assembly under Article 58(2) b. This Article was later repealed by the Parliament during Nawaz Sharif's era through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn repealed by the Legal Framework Order of 2002, which effectively restored the discretionary powers of the President enacted by the Eighth Amendment.
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Separation Of East Pakistan:


Outline:

Background

Causes Of The Separation Of East Pakistan

a) Role Of Indian Teachers
b) Irresponsible Leadership Of Muslim League
c) Economic Backwardness Of East Pakistan
d) Geographical Location
e) Cultural Causes
f) Linguistic Problem
g) Delay In Framing Of Constitution
h) Mujib’s Six Points
i) Role Of India
j) International Conspiracy
k) Military Operation In East Pakistan

Conclusion

Background:

When Pakistan came into being in 1947, it consisted of two wings; East Pakistan and West Pakistan. These two wings were separated by 1000 miles long territory on India. Right from its birth, Pakistan became a focus of Indian conspiracy and aggression. In 1971, the Bengalis revolted against Pakistan with active Indian support. As a result, in December 1971, East Pakistan succeeded in seceding from Pakistan.

Causes Of Separation Of East Pakistan:

a) Role Of Hindu Teachers:

After the partition of sub-continent in 1947, the number of Hindu teachers far exceeded Muslim teachers both in the schools and the colleges. The Hindu teachers were basically against the ideology of Pakistan thus they propagated against the two-nation theory. In addition, they incited their students against the people of West Pakistan labelling them as oppressors. Consequently, the new generation of East Pakistan considered the leaders and the people of West Pakistan as their enemies.

b) Irresponsible Leadership Of Muslim League:

There is no doubt that all-India Muslim League played a very important role in the creation of Pakistan but after the independence Pakistan Muslim League fell victim of party dissention and lack of leadership. After the death of Quaid-e-Azam in 1948 and the assassination of Liaquat Ali Khan in 1951, the political leaders of PML joined race for power and preferred personal interests over national interests. As a result, corruption, bribery, black-marketing and anti-state activities became order of the day. In East Pakistan, PML suffered a crushing defeat at the hands of Awami League.

c) Economic Backwardness Of East Pakistan:

The economy of East Pakistan depended mainly on the income from tea, jute and rice only. There were no other sourced to boost the provincial revenues. Overpopulation was yet another factor unemployment which led to many other social evils. India exploited this weakness of Bengalis in 1971.

d) Geographical Location:

Geographically Pakistan was not a politically compact unit because it consisted of two wings which were separated by 1000 miles distance. With the passage of time, the binding force of Islamic Ideology weakened and regional feelings suffered under Hindu influence. The geographical distance between two wings served as a barrier in the way of complete political harmony. In the 1971 Indo-Pak war, this distance prevented military reinforcements to the besieged garrison of East Pakistan.

e) Cultural Causes:

The culture of Bengalis differed greatly from the Punjabis, Pathans, Sindhis and Balochis. Their food, language and ways of living were distinct from the people of West Pakistan.

f) Linguist Problem:

The people of East Pakistan spoke Bengali language which was quite differ from Sindhi, Punjabi and Balochi. This difference created a great linguistic problem at the national level because a large number of people of East Pakistan spoke Bengali and they demanded that Bengali should be given the status of national language.

g) Delay In Framing Of Constitution:

Unfortunately, after the death of Quaid-e-Azam and Liaquat Ali Khan, Pakistan could not get a sincere leadership like them. To make the things worse Malik Ghulam Mohammad as the second Governor-General set new traditions of palace intrigues and horse-trading in the country. The tussle between the Bengalis and the Punjabis brought the country on the bank of catastrophe. Under these circumstances, the Constituent Assembly of Pakistan could not frame the constitution in time and nine years elapsed in this process. Delay in constitution-making allowed the anti-state elements to prosper at the cost of national unity.

h) Mujib’s Six Points:

In 1970, Mujib-ur-Rehman, the leader of Awami League put forward his famous six points which sowed the seeds of secession of East Pakistan. According to these points, he demanded a new financial policy for East Pakistan, permission for provinces to levy taxes, permission for east Pakistan to maintain independent trade links with other countries and permission for East Pakistan to establish its own Para-military force. He suggested that the centre should keep only Defence and Foreign relations under its control.

i) Role Of India:

India was instrumental in organizing and supporting the revolt of Bengalis against Pakistan. Indian government provided full military and financial assistance to the guerrillas of Awami League. During the 1971 Indo-Pak war, Indian trained members of Mukti Bahni created many problems for Pakistan army. After creating favourable circumstances India attacked East Pakistan under the pretext of supporting the Bengalis.

j) International Conspiracy:

After Independence in 1947, Pakistan fell victim of international conspiracy which was masterminded by Jews and Hindu. These anti-Islamic lobbies did not want to see Pakistan to become the citadel of Islam.

k) Military Operation In East Pakistan:

In 1971 Awami League won overwhelming majority in general elections. At this stage, Gen. Yahiya Kahn did not hand over powers to Mujib-ur-Rehman and instead launched a military operation in East Pakistan to suppress the Bengalis. Gen. Tika Khan used brutal force to bulldoze the opposition. This oppressive policy created hatred against West Pakistan.

Conclusion:

If there was a consistent and tragic pattern during the first 24 years in the Pakistan’s history, it seemed to be that the more the power elite tried to preserve unity of the political system, the more certain did its eventual disintegration became. Among the factors that resulted in the separation of East Pakistan, two precipitous factors were:

a) The reign of terror and killings unleashed by the Pak-Army during March-December 1971.
b) The intervention of the Indian Army in the civil war in December 1971.

All the above-mentioned factors were irreparable for the separation of East Pakistan in December 1971.
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Ideology Of Pakistan: Two-Nation Theory


Outline:

Definition Of Ideology
• Ideology Of Pakistan And Two-Nation Theory
• Ideology Of Pakistan And Allama Iqbal
• Ideology Of Pakistan And Quaid-e-Azam
• Conclusion


Definition Of Ideology:

Ideology can be defined as the set of beliefs, especially the political beliefs on which people, parties or countries base their actions.

Ideology Of Pakistan And Two-Nation Theory:

Ideology of Pakistan was actually the Islamic Ideology on the basis of which Muslims of the Sub-continent claimed a separate independent Muslim state. The Islamic Ideology gave rise to Two-Nation Theory according to which the Hindus and Muslims were two distinct nations with their own separate religions, cultures, traditions, manners and languages. By establishing a separate independent Muslim-State, the Muslims wanted to spend their lives according to the teachings of Quran. Two-Nation Theory provided the foundation for the Lahore Resolution which demanded a sovereign independent nation for the Muslims.

Sir Syed was the first Muslim leader who put forward the idea of separate religious, cultural, social and political backgrounds of the Hindus and Muslims. Subsequently, other Muslim leaders particularly Allama Iqbal and Quaid-e-Azam developed the Two-Nation theory on sound footings which led to the creation of Pakistan.

Ideology Of Pakistan And Allama Iqbal:

Allama Iqbal was not only a great poet but also he was a prominent philosopher. After the First World War, he took active part in politics and along with other Muslim leaders endeavoured to guide the destiny of the Muslims. In respect of the future of the Muslims he believed that the Hindus and the Muslims were different communities which could not live together in peace. As early as 1909, he had rejected the idea of common nationhood for the Hindus and Muslims by saying:

“The vision of a common nationhood for India is a
beautiful ideal and has a poetic appeal. But looking
to the conditions and the unconscious trends of
two communities, appears incapable of fulfilment.”


From 1920 to 1929, Allama Iqbal watched the political development in India very closely and anti-Muslim attitude of Hindus convinced him to believe that the two major communities of the Sub-continent cannot pull on together in an amicable manner. Thus he openly declared that:

“We suspect each other and inwardly aim at dominating
each other ……….Perhaps we are unwilling to recognize
that each group has a right to free development according
to its own cultural traditions.”


In December 1930, Allama Iqbal presided over the annual session of the Muslim League held at Allahabad. The presidential address delivered by him has become a milestone in the history of Pakistan Movement, because in it he not only traced the individualities of the caste-units and religious units inhabiting the Sub-continent but also for the first time put forward the demand for a separate sovereign Muslim State. He declared:

“India is a continent of human groups belonging to
different races, speaking different languages and
professing different religions. Their behaviour is
not at all determined by a common race-consciousness.
Even the Hindus do not form a homogeneous group.
The principles of European democracy cannot be
applicable to India without recognizing the facts of
communal groups. The Muslims demand for the
creation of Muslim India within India is, therefore,
perfectly justified……I would like to see the Punjab,
North-West Frontier Province, Sindh and Baluchistan
amalgamated into a single state. Self-government within
the British empire, or without the British Empire, the
formation of a consolidated North-West Indian State appears
to me to be the final destiny of the Muslims, at least of the
North-West India.”


Thus Allama Iqbal was a great advocate of Two-Nation Theory or Ideology of Pakistan. He Strongly opposed the concept Of Indian nationalism because he believed that the sub-continent was actually not a country but Asia in miniature. It was inhabited by human groups belonging to different races and professing different religions. Thus on this ground he demanded a separate nation for the Muslims.

Ideology Of Pakistan And Quaid-e-Azam:

Quaid-e-Azam, the founder of Pakistan was a great exponent and advocate of Two-Nation Theory. He successfully pleads a case for Pakistan on this theory and finally forced the British to accept the partition of the sub-continent. In this regard, his presidential address delivered on 22nd March, 1940 was the high watermark of Pakistan Movement. During his address he said;

“The Hindus and Muslims belong to different religious
Philosophies, social customs and literatures. They
neither intermarry nor interdine together and indeed
they belong to two different civilizations which are based
on conflicting ideas and conceptions. Their concepts on
life and of life are different. It is quite clear that Hindus
Muslims derive their inspiration from different sources
of history. They have different epics, different heroes
and different episodes. Very often the hero of one is
the foe of other and likewise, their victories and defeats
overlap. To yoke together two such distinct nations
under a single state, one as a numerical majority and
other a minority, must lead to a growing discontent and
final destruction…….”


On the basis of Two-Nation Theory All-India Muslim League passed its Lahore Resolution on 23rd March, 1940 which made the achievement of Pakistan as great for the political struggle by the Muslims. After the passage of Lahore Resolution, there was only one main chant by the Muslims i.e.

Ban Ke Rahega Pakistan
Le Ke Rahenge Pakistan.


Later on, in 1944, during his talks with Gandhi, Quaid-e-Azam clearly said;

“We hold and maintain that the Hindus and Muslims
are two major nations by any definite or a taste of a
nation. We are a nation of a hundred million and what
is more we are a nation with our own distinctive culture
and civilization, language and literature, art and archi-
-tecture, names and nomenclature, sense of values and
proportions, legal laws and moral codes, customs and
calendar, history and traditions, aptitude and ambitions.
In short we have our own distinctive outlook on life and
of life. By all canons of international law we are nation.”

Conclusion

The fundamental concept of the ideology of Pakistan is that Muslims are separate nation having their own culture, literature, religion and way of life. They cannot be merged in any other nation. They should be able to develop their culture and religious traditions in an Islamic State and they should be able to create a true Islamic society for themselves.

Thus the ideology of Pakistan which developed through the period of Mohammad Bin Qasim and others and followed by political leaders like Quaid-e-Azam was materialized in 1947.
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