Pakistan Affairs Notes - Page 3

Taimoor Gondal · #21 Monday, December 19, 2011

The Cabinet Mission Plan

The Labour Party came to power in the 1945 and C.R. Attlee became the Prime Minister. He sent a mission of three Cabinet members of India to solve the constitutional problems. It came to be called Cabinet Mission.

The Cabinet Mission consisted of Lord Pathick Lawrence, Sir Stafford Cripps and A.V. Alexander. It met the leaders of different parties in India but the Indian leaders could not agree among themselves.Maulana Azad as the president of the Congress stressed to establish federal government and Jinnah repeated the Two Nation Theory as a universal reality.

On May 1946, the Cabinet Mission and the Viceroy published a statement containing their own solution of the constitutional problem which is known as Cabinet Mission Plan.

Main Recommendations

It made the following proposals:

Indian Union comprising British India and princely states.

1. Centre to deal with foreign affairs, defence, communication, taxation.
2. Rest of the subjects with provinces.
3. There will be a legislature and executive comprising representatives of provinces and states.
4. No legislation on communal affairs if the majority of the two communities are not present and voting in favour.
5. Provinces will be divided into three groups:
A: Hindu majority provinces e.g. UP, CP, Madras, Bombay, Bihar, Orissa.
B: Muslim majority provinces in NW e.g. Punjab, NWFP, Balochistan and Sindh.
C: Bengal and Assam.
6. Each group could decide what to be managed jointly and what should be managed by provinces themselves. They could decide if the group desired to frame constitution.
7. After ten years, a province by a vote of its legislature could ask for review of relationship with the Union. It implied that a group or province could quit the Indian Union.
8. CA to be elected by the elected members of the provincial assemblies. Seats to be divided into three categories: General, Muslim, and Sikh on the basis of population in provinces. Separate Electorate.
9. Interim Government to be set up.

Muslim League Reaction

The Muslim League reiterated its demand for Pakistan. It accepted the plan for two reasons: Basis and foundation of Pakistan was in the compulsory grouping and the right to ask for review.

Congress Reaction

The Congress was critical of groupings and right to ask for review of constitutional relationship. It agreed to contest elections for the CA but declined to be bound by the proposals of the Cabinet Plan. The nonsensical stand of the Congress was that they were ‘free to make any change in the proposal.’ Definitely the ML was alarmed by the Congress’ intentions.

Taimoor Gondal · #22 Monday, December 19, 2011

Partition Process

Mountbatten as Viceroy

Mountbatten arrived in Delhi on March 22, 1947. The basic objective of his appointment was to wind up British rule. He arranged dialogue with the Indian leaders. Then he visited England for deliberations for new plan.

3rd June Plan

The Plan was issued on June 3, 1947 and is known as 3rd June Plan. The main characteristics of the plan are as follows:

· The British will not impose a constitution but the Constituent Assembly will frame a constitution.
· The constitution will not be imposed on the areas that do not accept it. Opinion will be sought from them if they want to set up a separate CA (Constituent Assembly).
· Punjab & Bengal Assemblies will meet in two parts, members from Muslim majority areas and other districts separately to decide if the province be partitioned.
· If any part decides for partition, each group will decide which CA they wish to join.
· Sindh Assembly will decide about joining either side.
· Referendum in NWFP
· Balochistan: appropriate method
· Boundary Commission for Punjab and Bengal
· Princely states to decide for themselves keeping in view their geographical contiguity.

Indian Independence Act July 1947

To give legal shape to the June 3 Plan, the Indian Independence Act was promulgated (July 1947).

· Two independent dominion states on August 15, 1947
· Their legislatures will have all powers to make laws for the respective states.
· Government of India Act, 1935, to be interim constitution subject to changes due to Indian Independence Act 1947.
· Governor Generals can amend the Interim Constitution until March 31, 1948.
· All arrangements between the British and the Princely states to come to an end and they will have new arrangements with the new states.
· British King will no longer use the title of the King of India

Implementation of Plan June 3rd, 1947

Punjab

The Muslim members favoured joining new Constituent Assembly. the non-Muslims voted for partition and joining India.

Bengal

Muslims favoured joining new Constituent Assembly while non-Muslims favoured partitioning and joining India.

Sindh

The Assembly voted to join Pakistan.

NWFP

Referendum decided in favour of Pakistan while Dr. Khan’s govt. boycotted it after it became clear that it would lose.

Balochistan

Shahi Jirga and the non-official members of Quetta Municipal Committee opted for Pakistan.

Sylhet

Referendum was held to join East Bengal for joining Pakistan.

Governor General’s Issue

Mountbatten wanted to be joint GG (Governor General) of India and Pakistan while ML decided to appoint Jinnah as the first Governor General of Pakistan in July.

Transfer of Power

1st meeting of the Constituent Assembly was held on August 11, 1947 and the ceremonies on August 14. Radio announcement was made at midnight 14-15 Aug. Oath taking ceremony for GG (Governor General) and PM (Prime Minister) was held on August 15 1947.

Taimoor Gondal · #23 Monday, December 19, 2011

RedCliffe Award

The Indian Independence Act, 1947, provided among the other provisions the appointment of two Boundary Commissions for the division of Punjab and Bengal between Pakistan and India. Sir Cyril Redcliffe, a prominent British lawyer, was appointed as the chairman of both the boundary commissions who would have the power to make the Award which may be called as the perfidious Redcliffe Award.

Members of the Punjab Boundary Commission

The members of the Punjab Boundary Commission were Mr. Justice Din Muhammad and Mr. Justice Muhammad Munir on behalf of Pakistan, and Mr. Justice Mehar Chand Mahajan and Mr. Justice Teja Singh on behalf of India.

Members of the Bengal Boundary Commission

The members of the Bengal Boundary Commission were Mr. Justice Abu Saleh Muhammad Akram and Mr. Justice S.A. Rehman on behalf of Pakistan and Mr. Justice C.C. Biswas and Mr. Justice B.K. Mukherjee on behalf on India.

The Commissions were set up by the end of June, 1947. Redcliffe arrived in India on July,8 1947. The two Commissions were assigned the responsibility of demarcating the boundaries of the two parts of the Punjab and Bengal on the basis of the contiguous majority areas of Muslims and non-Muslims.

Unjust Demarcation of Boundaries

India and Pakistan agreed to accept the award of the Boundary Commission and to take proper measures to enforce it. Redcliffe did not take part in the public sittings of the Commissions, in which arguments were presented by the Muslim League, the Congress, the Sikhs and other interested parties. He studied the record and proceedings of the meetings and held discussions with other members of the Commission. As expected the members of the Boundary Commissions were unable to reach agreement on the boundaries. Lord Redcliffe, as the Chairman, gave his award.

Division of Bengal and Calcutta Problem

The Redcliffe award was unfair to Pakistan because it awarded many Muslim majority areas in the Punjab and Bengal to India. In Bengal, the great city of Calcutta carried immense importance. It was the capital of the province. Its only major port and the biggest industrial, commerce and educational centre. Being the centre of all activities, Calcutta was the most developed area of the province. The entire development of Calcutta was mostly 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 or around Calcutta. Without Calcutta Eastern Bengal would prove to be a rural slum. For Pakistan, separated by one thousand miles of Indian territory, the importance of sea communications and hence of Calcutta could not be ignored. For that very reasons the Congress leaders were determined to deny Calcutta to Pakistan and insisted on retaining it India. Mountbatten was in favour of giving Calcutta to India. Redcliffe, in accordance with the desires of Mountbatten, awarded Calcutta to India in spite of the Muslim claim to it.

Although the Muslims formed only a quarter of the population of Calcutta, but the hinterland on which the life of Calcutta depended was a Muslim majority area. Calcutta had been built mainly on the resources of East Bengal. Pakistan, therefore, had a strong claim upon Calcutta and its environs. Mountbatten had entered into a secret agreement with the Congress leaders to get Calcutta for India.

Division of Punjab

In case of Punjab the award was again partial and against Pakistan. The award that Redcliffe gave in the Punjab chopped off a number of contiguous Muslim majority areas from Pakistan. In case of India not a single non-Muslim area was taken away from her. In Gurdaspur district two contiguous Muslim majority tehsils of Gurdaspur and Batala were given to India alongwith Pathankot tehsil to provide a link between India and the State of Jammu and Kashmir. The Muslim majority tehsil Ajnala, in the Amritsar district was also handed over to India. In Jullundur district the Muslim majority areas of Zira and Ferozpur in the Ferozepur district, were also given to India. All of these areas were contiguous to the western Punjab.

Taimoor Gondal · #24 Monday, December 19, 2011

The Objectives Resolution (1949)

The Objectives Resolution was the first constitutional document that proved to be the ‘foundation’ of the constitutional developments in Pakistan. It provided parameters and sublime principles to the legislators. It made the constitution-making process easy task setting some particular objectives before them that would be acceptable to the people of Pakistan who had suffered a lot under the Hindu-dominated majority. The Resolution was moved by Liaquat Ali Khan, the then Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949.

The Constituent Assembly (1947-54)

The first Constituent Assembly came into existence under Indian Independence Act 1947. The elections were held in July 1946 to decide the destiny of the All India Muslim League (AIML)’s claim that it is the only representative party of the Indian Muslims that desire separate homeland, Pakistan. The members from the districts that became part of Pakistan were declared members of the Constituent Assembly. The number of such members was 69. It increased to 79 after the 1947 when some states joined Pakistan and then increase in the population. There were two major parties, Muslim League and Congress in the Assembly at that time. This Assembly had dual functions to perform.

Features of the Objectives Resolution

1. Sovereignty over the entire universe belongs to Almighty Allah alone.
2. The authority which He has delegated to the state of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust.
3. Constitution will be framed for sovereign, independent state of Pakistan.
4. The state shall exercise its power through the representatives of the people.
5. Principles of Democracy, freedom, equality, tolerance and social justice as enunciated by Islam will be fully observed.
6. Muslims shall be enabled to organize their lives in accordance with the teachings and requirements of Islam as set out in the Quran and the Sunnah.
7. Minorities to have freedom to freely profess and practice their religions and develop their cultures.
8. Provisions for safeguarding the legitimate interests of minorities, backward and depressed classes.
9. Pakistan shall be a Federation with autonomous units. State’s sovereignty and territorial integrity will be protected.
10. People of Pakistan should prosper and attain their rightful place in the comity of nations and make contribution towards international peace and progress and happiness of humanity.

Explanation and Importance

The Resolution declared the sovereignty of God as the distinctive political philosophy. The Western democracy gives the notion that sovereignty lies in the people but this Resolution is important having the concept of the sovereignty of God. It clarified that people would utilize powers gifted by God so they would have to work within the limits prescribed by Him. The exercise of the powers is a sacred trust. The representatives of the people of Pakistan will manage the affairs under the universal ideology of democracy, freedom, equality, tolerance, and social justice with the spirit of an Islamic framework.

The Resolution pledged to give the due respect and rights to the minorities, backward and depressed classes in the benign society of Pakistan. Their rights, interests, religion and culture were not confuted.

It’s important that the Resolution promised the federating units for due powers, autonomy and territorial integrity.

Objections by Non-Muslims

The major objection by the Non-Muslims was that the government was trying to mix the religion and politics that was against the spirit of democracy. The non-Muslims objected on the ‘Sovereignty of Allah’ and minorities’ rights, saying it would promote inequality in the society. They were also of view that Shariah was not adequate for the modern time. They feared that it would encourage the religious extremists to work for the establishment of a ‘theocratic state.’

Importance

The Objectives Resolution is a basic and primary document of the constitutional history of Pakistan. It is a framework that provides mechanism to achieve goals for a better life of the people of Pakistan. It’s important that it embraces centrality of Islam to polity sustaining their links with the pre-independence period. The AIML leaders were modernist Muslims not in favour of an orthodox religious state. Therefore, they selected the middle way abiding by the Islamic laws and the international democratic values. The Resolution remained ‘Preamble of all the constitutions due to its importance.

Taimoor Gondal · #25 Tuesday, December 20, 2011

Constitutional Issues

Constitution is a set of basic principles and framework for governance and exercise of political power and legal authority. It clarifies the scope of power, relationship among various institutions within the government and society. It has precedence over ordinary laws and cannot be changed like ordinary laws. The Government of India Act (1935) was modified and promulgated in the newly state of Pakistan. The elected members in the 1946 elections made the first Constituent Assembly that faced grievous circumstances.

Major Issues

The major issues, the first constituent assembly faced, were about:

1: Federalism

There was consensus on federalism but yet there were many issues to be settled. The main was that Pakistan consisted of two territorial parts, East Pakistan (with more population, less territory but administratively one unit) and West Pakistan (administratively 4 units). Federalism is meant to accommodate such kind of diversity maintaining the unity of the state or country.

Division of power:

It was the most difficult question that how the power would be divided between Centre and the Provinces. The heritage of British rule gave the tradition of a Strong Centre. But the provinces were demanding more Autonomy and Provincial Rights.

In the Interim Constitution and the 1956 Constitution tradition of strong centre continued.

2: Representation

Representation at the federal level was another conflicting issue because East Pakistan and West Pakistan were different in population and size. On the other hand there was diversity in Western part of Pakistan. The provinces of West Pakistan were also different in population and size. All of them were sensitive to their representation and provincial autonomy.

To have a Standard Formula for the representation of units and population the Constituent Assembly (CA) formed a Basic Principle Committee (BPC) on March 12, 1949. The primary task of this committee was to frame a set of basic principles for the future constitution of Pakistan.

First BPC Report:

This committee presented its first report on 28th September 1950. According to this report two houses of the parliament were proposed. The lower house was to be elected on the basis of POPULATION and the upper house was to be elected on the basis of equal representation for all the provinces of Pakistan namely East Bengal, West Punjab, Sindh, NWFP and Baluchistan. Equal powers were proposed for the both Houses. No mention of National Language was made. East Bengal opposed this report and Liaqat Ali Khan withdrew it.

Second BPC Report:

BPC presented its final report on 22nd December 1952. According to this report two Houses of the Parliament will enjoy the equal status and powers. It proposed equal representation to East and West wing.

This report also faced reaction in both the wings of Pakistan. The principle of parity was not appreciated in both East Pakistan and Punjab.

Muhammad Ali Bogra Formula:

Muhammad Ali Bogra immediately after assuming the office of the Prime Minister presented a formula to resolve the deadlock in constitution making. According to this formula Pakistan would have a bicameral legislature. In upper house there would be EQUAL representation to each of five units. In lower house population will be represented. In this way more representation was given to East Pakistan.

Both wings would have equal strength in joint sessions of the two houses.

Reaction to Bogra Formula

It was welcomed in both parts of the country. The principle of parity and representation of the population was appreciated. It also solved the problem of national language by suggesting Urdu and Bengali both as national language.

One Unit of West Pakistan October 1955

One Unit of West Pakistan was established on 14th October 1955. The provinces of Punjab, Sindh, NWFP and Baluchistan would be amalgamated in one unit to establish parity between the two parts of the country.

3: Separate or Joint Electorate

Separate electorate was adopted on the demand of Muslims in 1909 by the British Government. But the minorities did not favour this after independence. Religious elements supported this as a part of heritage.
East: decided for Joint Electorate.
West: Separate electorate.
1957: Joint Electorate was adopted for all Pakistan by the National Assembly.

4: The National Language Issue

Pre-independence: Muslim elite all over India adopted Urdu. In 1948 Jinnah declared that Urdu would be the national language but provinces could use their languages. Opposition against Urdu was there in East Bengal. This became more pronounced after the death of Jinnah as controversies erupted on constitution making. Language Movement started in East Pakistan February, 1952.

There was a complaint about anti Bengali language attitude of the federal government. Two-language formula was adopted in 1954. Since 1973 Urdu was adopted as national language along with the support for development of regional languages.

5: Parliamentary or Presidential

There was a consensus for parliamentary system. But there was a limited demand for presidential system. Supporters of Presidential system became dominant after the 1958 military takeover. The 1962 Constitution was a Presidential constitution.

6: The Islamic or Secular State

From the very beginning of Pakistan Movement there was an agreement that the state will have close relationship with Islam. Muslims defined their national identity with reference to Islam and its heritage. Some opposition came from the Congress members of the Constituent Assembly, and a few secularists.

There was a BROAD AGREEMENT that the state will identify itself with Islam. The Constituent Assembly took time to define the precise relationship between the state and Islam.

Objectives Resolution

Objectives Resolution rejected theocracy in Pakistan and provided the basic objectives for the future constitution of Pakistan.

The issues to be addressed were:

1. Scope of legislation for an elected Assembly?
2. Who will decide about the Islamic nature of laws? Should a Board of Ulema be given this power?
3. Position of women, vote and work?
4. Religious minorities?

Discussion in the Constituent Assembly and outside continued. There was an active demand by religious elements for Islamic political system. In this context the leading Ulema of various sects presented famous 22 points to provide a religious base to the future constitution.

The Key Issue:

What kinds of institutions and processes have to be created to translate the notion of supremacy of the Qur’an and the Sunnah

· The Constituent Assembly adopted a middle course and a modernist perspective.
· Spirit of Islamic principles and values, modern notions of governance, representation and administration were amalgamated.

Islamic provisions would be taken up when we discuss the constitutions.

Taimoor Gondal · #26 Tuesday, December 20, 2011

Constitution Making (1947-56)

Constitution is a basic document in the handling of domestic affairs. It sets out the framework for governance and exercise of power. It gives guiding lines of relationships among the federating units. Law making is always within its limits.

The modified Government of India Act (1935) became the Interim Constitution of Pakistan in 1947. The Constituent Assembly (CA) was given the task of framing the Constitution. The first meeting of the CA was held on August 11, 1947 at Karachi.

The process began with the passing of the Objectives Resolution in which the Islamic and democratic values were adopted as grounds for the future constitution. The Basic Principles Committee (BPC) consisting of 24 members was made to work for the constitutional powers. The various sub-committees on Federal and provincial powers, Franchise, Judiciary, and Fundamental Rights started working. Board of Talimat-i-Islamia was also set up to seek advice on the religious matters.

First BPC Report, 1950

1. The Objectives Resolution to be included in the Constitution as the directive principles.
2. Legislature: Two houses of the parliament.
Upper: (House of Units) Equal representation for the units
Lower: (House of People) On the basis of Population.
Both the Houses would enjoy the equal powers.
3. The Head of State elected by joint session would be for five years (Two terms only). President had discretionary and emergency, appointment and other powers. President was not answerable to anyone, might be a Muslim or non-Muslim, would be assisted by the Prime Minister (PM) and Cabinet that would be answerable to the CA. Parliament may impeach him by 2/3 majority. He was given the power to abrogate the constitution.
4. Cabinet responsible to both the Houses.
5. No mention of national language

Criticism:

This report was severely criticized throughout the country. It could not satisfy both the wings, East and West. The religious group objected that the report contained nothing about Islamisation. On the question of representation, the East Pakistan (EP) protested that their majority had been denied by the Report. They remarked that they were thrown into a permanent minority. The population of EP was slightly larger than that of the West Pakistan (WP) but it was treated as the
small provinces because both the Houses were given equal powers. So the domination of WP was intolerable for the East wing.

The language issue proved subversive to the national solidarity. The Eastern Pakistanis condemned the proposal that made Urdu as official language.

Second BPC Report, 1952

1. Head of State would be Muslim and no change in powers.
2. Equal representation to East and West wings:
UH (Upper House) 60, 60 LH 200, 200
3. More powers were given to Lower House. Cabinet was made responsible to Lower House.
4. It was promised that law making would be in accordance with ISLAM. No law would be made in violation of Islamic principles.
5. Advisory Board of five Islamic scholars was founded.
6. Silent on national language.

Criticism:

The politicians particularly from the Punjab deplored the Report because formation of the UH on the basis of representation was not acceptable. It was declared against the principle of federation. The WP favoured equality only for Upper House. The political crisis removed Prime Minister Nazimuddin and attention diverted from the core issue.

Muhammad Ali Bogra Formula October 1953

The proposals were revised in the light of the criticism and decided:

Upper House: Equal representation to all five units
Lower House: More representation to Eastern part
While in joint session, both wings had equal representation:

East PakWest Pak
Upper House 10 40
Lower House 165 135
-------------------------------------
Joint Session 175 175

Decision by majority but it must include 30 percent members from each zone.

Criticism:

It suggested some difficult process but mostly it was widely acceptable. Two languages, Urdu and Bengali, were approved as official languages that injured the national unity as Quaid-i-Azam had wished Urdu as national language.

This is important that after the Formula, the work began on constitution drafting because the deadlock was over.

CA Dissolution

In October 1954, GG (Governor General) dissolved the CA that was challenged in the Sindh court by Maulvi Tamizuddin. The court declared the dissolution illegal but the Federal Court upheld the GG action but asked for setting up an elected CA.

2nd Constituent Assembly, June-July 1955

Ghulam Muhammad called a Convention on May 10, 1955. All its members were to be elected indirectly (by the provincial assemblies). In this way, the 2nd CA came into existence.

One Unit Scheme, October 1955

The presence of different provinces in the WP had complicated the issue of the WP representation in the CA. It was handled by uniting all the WP units into ONE (One Unit, October 30, 1955). Now both the parts had become two units and could be addressed equally.

Constitution-making

One Unit scheme helped the task of constitution making to accomplish successfully. The previous committees report helped the new Assembly that completed its work and presented in the 2nd CA on January 9, 1956. It, with certain amendments, was approved on January 29, 1956 and enforced on March 23. With this Pakistan had become an Islamic Republic.

Taimoor Gondal · #27 Wednesday, December 21, 2011

The 1956 Constitution

The Objective Resolution passed by the First Constituent Assembly on 12th March 1949, was included in the preambles of 1956 Constitution. The Constitution comprises 13 Chapters and 234 Articles. Under the Constitution of 1956, parliamentary form of Government modeled on British Pattern, was adopted. Head of the State, however, was not nominal head, he could actively participate in decision-making.

There was clear impact of the Government of India Act, 1935 and the Interim Constitution.

Salient Features of 1956 Constitution

1: Nature

The 1956 Constitution consisted of 13 Chapters, 234 Articles and 6 Schedules.

2: Written Constitution

Like American Constitution 1956 Constitution was written and unlike the British Constitution it was not flexible. However, the method of amendment was not very difficult. A simple two-third majority was enough.

3: Parliamentary System

Executive Authority vested in the President who exercised it on the advice of the Prime Minister except in the matters he had discretion.
President had ceremonial functions and exercised limited powers.
The President would be of 45 years of age, Muslim and qualified to be a member of National Assembly.
He was to be elected by National Assembly (NA) and Provincial Assemblies.

Prime Minister

PM would be appointed by President. President could not remove him unless he was sure that PM did not enjoy the support of majority in the National Assembly. The President would be its sole judge. He could ask PM to show his support. Cabinet was collectively responsible to NA. PM was the head of government assisted by cabinet.

One House Parliament:

National Assembly was the only house of the parliament having a membership of 300 plus10 women seats. Principle of parity was observed for representation. Method of direct elections was adopted for general seats.

All legislative powers were rested with NA.

President could return, reject or sign the bills.

Regarding monetary bills of ordinary expenditure NA had all powers but they could not vote on Consolidated Fund List. Salaries of President, judges, federal service commission, etc. were to be paid through Consolidated Fund.

NA could control the Executive.

4: Federal System

The constitution provided three lists: Federal, Provincial and Concurrent. There were twoProvinces in the federation of Pakistan.

5: Provincial Structure:

At the provincial level there was elected Assembly. The Parliamentary System under the nominal headship of Governor. The real powers were given to Chief Ministers and his cabinet. Centre had some overriding powers and some Emergency powers too. They were
Clause 191: Security or economic life was under threat for external or internal reasons.
Clause 193: Constitutional crisis in provinces.

6: Independent Judiciary

At centre level the highest court was Supreme Court, then High Courts in provinces and subordinate courts were established.
Higher Courts have the power of Interpretation of the constitution. They could hear the disputes between governments. They were guardians of the Legal rights of the citizens.

7: Fundamental Rights

Civil and Political Rights were given to the people of Pakistan but they could be suspended in case of emergency.

8: Directive Principles of State Policy

These principles provided guidelines for policy making.
Principles of Objectives Resolution were included as preamble. The other principles included surety about Islamic practices, Welfare of people, non-discrimination, and fulfillment of basic needs, etc.

9: Islamic Character

· The name of the country was the Islamic Republic, Objectives Resolution was the Preamble.
· Other Islamic clauses were part of Directive Principles.
· No law can be made to violate Islamic principles and teachings.
· Existing laws would be brought in conformity with Islamic teachings.
· A Commission was to be appointed to examine the laws for bringing them in conformity.
· Whether a Law is Islamic or not, NA had to decide. The matter could be taken up with the Judiciary.
· Islam was not declared state religion.
· Islamic heritage and roots are combined with modern notions of governance and a moderate political system was adopted.

Working of the Constitution

No elections were held after the enforcement of elections. It was finally abrogated on October 7, 1958.
It worked from March 23, 1956 to October 7, 1958.

Taimoor Gondal · #28 Wednesday, December 21, 2011

The 1962 Constitution

Background

Military took over on 7 October 1958 and consequently Ayub Khan became Chief Martial Law Administrator. One major task was to frame a new Constitution. The administration was critical of Parliamentary system because it caused instability in the past. They sought stability of the nation in the gradual development of democracy.

Constitution Making

The government introduced Basic Democracies in October 1959. Under this system Forty Thousand basic democrats (local councilors) were to be elected in each province. They have to perform functions as local government and their role in developmental work. They also acted as an electoral college for the election of president and the national assembly.
Elections for the Basic Democracies (BD) were held in December 1959 and January 1960. Then Presidential referendum was held by the elected BD members on February 17, 1960.

A Constitutional Commission was established in February 1960 under the chairmanship of Justice Shahabuddin, former Chief Justice. The tasks assigned to the Commission were:

· To examine the causes of failure of Parliamentary system.
· Recommend a new system keeping in view the

(a) genius of people
(b) standard of education
(c) internal conditions of the country
(d) need of development

Commission presented its report in May 1961 after then two committees reviewed it. Under the report of these committees the new Constitution was drafted.

Ayub announced the Constitution on March 1, 1962. Elections to the National Assembly (NA) and Provincial Assemblies (PAs) were held in April and May 1962 respectively.

The new Constitution was enforced on June 8, 1962. Martial Law was withdrawn. The new Constitution was consisted of 250 articles, 5 schedules.

Salient Features of the Constitution

1. Written Form

The Constitution of the 1962 was a comprehensive document comprising of 250 sections and 3 Schedules. It was also written.

2. Name of the Country

The Constitution of 1956 declared, “The Republic of Pakistan” as the country name. However, owing to the public reaction, the word Islamic was included later on. The full name of the country thus became the Islamic Republic of Pakistan.

3. Presidential System

A Powerful President who was responsible for administration and affairs of the state. He should be a Muslim, at least 40 years of age, should be qualified to be a member of NA. He would be elected through indirect elections for a period of five years.

If he has held office for more than 8 years, he could seek reelection with the approval of the National Assembly and the Provincial Assemblies.

National Assembly was given the power to impeach the president, however it was difficult to achieve.

President could dissolve the NA but in that case he must seek re-election.

Powers of the President:

President was the Focal point of all the Executive, Legislative and Judicial powers. Cabinet was responsible to him. All key appointments were to be made by President. He could issue Ordinances. He could also declare State of Emergency in the country.

4. National Assembly (NA)

NA was consisted of one house on the basis of principle of parity between two wings of the country. There were 150 seats plus 6 seats were reserved for women. All were elected indirectly. For the membership minimum age limit was 25 years.

5. Legislative Powers:

NA had all the powers of law making but law was to be finally ratified by the president. President could sign, reject or return the bill.

6. Financial Powers

Financial Powers of NA were limited. Only new expenditure could be voted. NA could not reject Consolidate Fund List and Recurring Expenditure.

7. Federalism

There were two provinces of the federation: East Pakistan and West Pakistan. Only one list of subjects, i.e. the Central list was given in the constitution.

8. Provincial Governments

Governors were head of the provinces and govern the province with his cabinet. Provincial governments were directly under the control of President.

There was a strong center with a Powerful President. He had enough powers to manage provincial affairs. In case of emergency powers Central government could take direct control of the province.

9. Principles of Policy

· National solidarity would be observed.
· Interests of backward people would be looked after.
· Opportunities for participation in national life.
· Education and well being of people.
· Islam would be implemented in day to day life.

10. Fundamental Rights

Fundamental Rights were provided in the constitution.

11. Political Parties

Originally Political Parties were not allowed. Political Parties Act was introduced in 1962.

12. Islamic Provisions

Objectives Resolution was the Preamble of the Constitution. Other Islamic provisions were a part of Principles of Policy and not the constitution.

Following were the Islamic principles of the Policy:

· No law shall be repugnant to the teachings and requirements of Islam as set out in the Holy Quran and Sunnah and all existing laws shall be brought in conformity with the Holy Quran and Sunnah.
· The Muslims of Pakistan should be enabled individually and collectively, to order their lives in accordance with the fundamental principles and basic concepts of Islam, and should be provided with facilities whereby they may be enabled to understand the meaning of life according to those principles and concepts.
· Teachings of the Quran and Islamiat to the Muslims of Pakistan should be made compulsory. The word Islamiat was not included in the relevant Article of the former Constitution.
· Unity and observance of Islamic moral standards should be promoted amongst the Muslims of Pakistan

13. Advisory Council for Islamic Ideology

An Advisory Council for Islamic Ideology was made in the constitution having 5 12 members. It was a recommendatory body.

14. Islamic Research Institute

It was designed for the Research and instructions in Islam for assisting the reconstruction of Muslim society on truly Islamic lines.

15. Working of the Constitution

Constitution remained enforced from June 8, 1962 to March 25, 1969.

Taimoor Gondal · #29 Thursday, December 29, 2011

Causes of the Separation of East Pakistan

Political system in Pakistan broke down in 1971 because of output failure arising out of dissension and conflict among East and West Pakistan.

Though separation of East Pakistan occurred in 1971, the separation’s elements had begun to work with the emergence of Pakistan in 1947. Following were the main causes of the separation of East Pakistan.

1. Hindu Influence

The 14% Hindu population had full control over the economy of East Pakistan. They were better educated than the native Bengali Muslims. They owned press and mass media. At First, the Hindus were the members of the Indian National Congress but after partition they founded their own organization, Pakistan National Congress (PAC). The members of PAC were, in fact, the political agents of India in East Pakistan.

2. Failure of Muslim League leadership in East Pakistan

The Cabinet did not pay due attention towards the problems of the people, hence its capability became zero in the eyes of people. The selfish politicians fought among themselves for the lust of chair.

The principal leaders and groups representing East Bengal in the Muslim League came from upper-class, land-owning, Urdu speaking families of Dhaka or the mercantile group of Calcutta. Soon after the creation of Pakistan, the conflict between those who claimed to represent popular and more radical factors in Bengal and those more conservative elements, began.

3. The Conflict over Language

The Bengalis took processions in favour of their Bengali language even in the life time of Quaid-e-Azam. Although, Bengali was adopted as one of the two state languages, Governor Munim Khan banned the broad cast of Tagots songs or poems over Dhaka Radio and prevented the imports of the Bengali books from Calcutta.

4. Unity of Bengali Muslims and Hindus

To establish majority on Pak-legislature, they had to unite with their fellow Bengali Hindus. Therefore, the man like H.S. Sehrwardy was a consistent advocate of joint electorates.

5. The Delay in Constitution Making Process

The delay in Constitution making process gave rise to suspicions and misunderstandings between the people of two halves. The population of East Pakistan was 56%. The Bengalis demanded their representation according to the percentage of population in the national assembly.

6. Presidential Form of Government

A parliamentary system could have at least partially offset West Pakistan dominance in the civil and military services. Again the same mistake was made. Instead of opting for loose Confederate Form of Government, the power elite decided in favour of highly centralized presidential system. The opposition from East Pakistan was intense and un-equivocal for progressive increase in the amount of autonomy.

7. Six Point Formula of Sh. Mujeeb

The Awami League view was supported by 75% of the electorate in East Pakistan who voted in the elections in 1970.

Pakistan shall be Federation grooming full autonomy on the basis of 6 Points to each of Federating units.

i. The character of Government shall be Federal and Parliamentary. The representation in the Federal legislature shall be on the basis of population.
ii. The Federal Government shall be responsible only for Defence and Foreign Affairs.
iii. There shall be two separate currencies mutually or freely convertible in each wing for each region.
iv. Fiscal Policy shall be the responsibility of the Federating units.
v. Separate accounts of foreign exchange earning of each of the federating units.
vi. The units shall be empowered to maintain a Para-military fore in order to contribute towards national security.

These were interpreted by West Pakistan as designed to bring about the disintegration of the country.

8. Role of Ruling Elite

1) Civil Service
2) Military Hierarchy

Their clear ascendancy as a ruling group had long been established, particularly since military coup of Ayub in 1958.

· This group made all major decisions in terms of economic and defence policies.
· East Pakistan bitterly complained that there were few East Pakistani officers at highest posts of the civil service. Until 1969 all the higher officers were from West Pakistan or had emigrated from Muslim minority areas of India.
· Pakistan Army was recruited from 4 districts of Northern Punjab (Rawalpindi, Cambellpur, Jehlum and Gujrat ) and two districts of NWFP (Peshawar and Kohat). 60% Army consisted of Punjabi and 35% Pakhtoon Jawans.
· The Bengalis were still considered non-martial race.
· Separation between Ruling elite from the majority of population.

Pakistan bureaucratic and military elite were not only separated from the majority of their population who lived in East Pakistan, but they were also separated in both social and regional terms even from the people of regions like Sindh, Balochistan and Frontier.

9. Economic Disparity Between East and West Pakistan

· The West Pakistan elite favoured the policies of economic growth of the West Pakistan.
· The policy of industrialization through the encouragement of private sector dates back to 1948.
· Most of lucrative import licences were given to the West Pakistan.
· Share of East Pakistan was about 26% of total investment (Public and Private) during the First Five Years Plan (1955-1960). Total revenue expenditure in East Pakistan was 2.5 billion as compared to 8.9 billion in West Pakistan.
· The wave of resentment against this disparity had been rising since 1954 elections. But no drastic and significant change was made in policies. This resulted into bitter-opposition and resentment towards the central government.
· The major factor responsible for slower growth of East Pakistan was agriculture.
· Doctrine that economic inequalities were necessary for rapid economic growth of the country.
· 22 families controlled over the economy of the entire country.
· 66% Native industrial assets.
· 80% banking assets.
· 79% Insurance assets.
· Political system of Pakistan could not cope with the stresses and strains generated by native economic policies and so eventually broke down.

10. The Failure in the Enforcement of Legal Framework Order of 1970.

· This order was drawn up to provide a basis for the elections for the creation of National and Provincial assemblies and for the drafting of a constitution.
· National Assembly had to complete the task of framing a constitution within 120 days.
· After the original failure of the NA to meet in spring of 1971, modifications were introduced into LFO, relieving the assembly of the responsibility of framing a constitution but conferring powers to amend constitution.
· General Yahya Khan failed to enforce legal frame work order, and the result was the political unrest between the 2 parts of the country.

11. The War of Power Between Bhutto and Mujeeb

The Awami League, by virtue of its over-whelming majority in election, was entitled to establish its government, but Mr. Z.A. Bhutto having the patronage from General Yahya Khan boycotted the session of National Assembly at Dhaka, which was postponed by General Yahya Khan. Mr. Mujeeb-ur-Rehman alleged Yahya Khan with partiality and began to agitate the people for civil war.

12. Military Operation in East Pakistan

· Mr. Mujeeb refused to go to Islamabad.
· His home became centre of all policies and administrative affairs of East Pakistan.
· On March 23, 1971, a lot of West Pakistanis were massacred and Bangladesh Flag was hoisted instead of Pakistani Flag. The Pakistan Day was celebrated as the Resistance Day.
· General Tikka Khan was made the Governor of East Pakistan. He successfully crushed the anti-government elements, but could not manage the affairs properly due to the non-cooperation of Bengali bureaucracy who were responsible for the revolt.
· The military operation brought inexpressible miseries and sufferings to the Bengalis. The result was that Central Government deprived herself of the public support and sympathies.

13. Hijacking of Indian Plan to Lahore on Jan 30, 1971

· Hijacking if the aircraft Ganga was arranged by the Indian Intelligence Agencies as the culmination of a series of actions taken by the Indian Government.
· Incident occurred at a time when talks were in progress between the leaders of Awami League and PPP for the resolution of differences.
· India banned Pakistani flights over its territory to disrupt communications between two halves and strengthened the separatist tendencies.

14. The Intrigues of the Super-Powers

Pakistan was an intimate friend of China but the super powers like America and Russia wanted to terrorize China by surrounding it on all sides. This was not possible in case of united Pakistan. The USA not only encouraged Israel, provided arms to India but also forbade Saudi Arabia and Jordan to supply arms to Pakistan. The USA did not care for the defence treaty of 1959 (SENTO), by which America was bound to help Pakistan in case of foreign aggression.

15. Indra Gandhi’s Successful Tour of Europe and USA

Before military invasion, Mrs. Indra Gandhi, the then Prime Minister if India, toured Europe and America, got aid for the rehabilitation of refugees from East Pakistan and surety from US not to aid Pakistan in case of Indian invasion. She further tarnished the image of military dictatorship of Pakistan by doing propaganda against it.

16. Military Invasion of India

After winning political battle, the Indian Government began to send sabotagers into East Pakistan under the title of Mukti Bahni. The insurgents created a situation favourable to the Indian invasion. Pakistan Army fought gallantly but due to poor supply line, Pakistan Army had to surrender.

17. Misbehaviour of Pakistani Delegation at UN

Poland presented a resolution in UN for the cease-fire but it was torn into pieces by Mr. Zulifqar Ali Bhutto, and he refused to accept cease-fire proposal. This paved the way for the separation of East Pakistan.

Pakistan After Dismemberment

When military action was being taken out in East Pakistan, the leadership of Pakistan Peoples Party demanded that the power should be transferred to the elected representatives in the Western Wing. This demand was repeated time and again, but the military leadership did not accept it. However, the fall of East Pakistan accounted for President Yahya Khan’s ouster and before that he transferred power to the Pakistan Peoples Party. The military junta might have acted otherwise but country-wide demonstrations left no other choice.

General public in Pakistan accused the Generals of causing the dismemberment of the country. Therefore, PPP came out as the custodian of the democratic process. As a result of public demands, some 43 high military officers were sacked.

In March 1972, General Gul Hamid, the Chief of the Army Staff and Air Marshal Rahim Khan, Chief of the Air Staff were removed. Main accusation against them was that they interfered the Hamood-ur-Rehman Commission inquiring into the Fall of Dhaka.

The PPP Government introduced a number of reforms including educational reforms. During PPP rule, Simla Agreement (1972) was signed between India and Pakistan which on one hand settled the issue of POW’s and occupied territories and on the other hand, it helped normalizing India-Pakistan relations. But the greatest of all, the achievements of the first PPP Government was the framing of 1973 Constitution; the First Constitution which enjoyed popular appraisal.

Taimoor Gondal · #30 Sunday, January 01, 2012

The 1973 Constitution

Background

Abrogation of the 1962 Constitution on March 25, 1969 led to second martial law in the country. Yahya Khan handed over power to Zulfiqar Ali Bhutto on December 20, 1971 after the first general elections. But martial law continued and there was no constitution.

National Assembly approved an Interim Constitution, which was enforced on April 21, 1972.

Constitution Making

Constitutional Committee comprising National Assembly (NA) members from all parties was set up in April 1972. Law Minister was the Chairman of this Committee.

All parties agreed on the future political system in October 1972. The Committee reported on December 31, 1972. After long deliberations and compromises final draft was approved unanimously on April 10, 1973. The new Constitution was enforced on August 14, 1973.

Since the enforcement of the Constitution of 1973, it has been amended nineteen times.

Salient Features of the 1973 Constitution

Following were the salient features of the Constitution of 1973:

1. Written Form

The 1973 Constitution was in written form and contained 280 Clauses and 6 Schedules.

2. Parliamentary System

· It was a parliamentary constitution having powerful Prime Minister (PM) as head of government with a very weak President.
· President must act on the advice of PM. All his orders were to be countersigned by PM. Prime Minister to be elected by the NA.
· PM exercised all executive authority.
· PM was answerable to the NA.
· In 1985, powers of the President were increased. He enjoyed some discretion in appointments of PM. He had power to dissolve the NA. He had the powers of appointment of caretaker PM. He gives his assent to bills passed by the parliament or returns these.

3. President:

Must be at least 45 years of age, Muslim, qualified to become member of the NA. He is elected by the Parliament and the Provincial Assemblies for 5 years.

4. Parliament with two houses:

· Upper House called Senate. In this house equal representation is given to Provinces. Seats are reserved for the tribal areas, women and technocrats. Its original strength was 63, which was later raised to 87 and then 100. Senate is elected indirectly. It’s a permanent House as half of its members are elected after three years.
· Lower House: National Assembly is elected on population basis. Its Original strength was 210 but now it is 342. NA is elected for five years.
· Senate: Indirect elections
· National Assembly: Direct elections
· Voting age for the franchise is lowered from 21 to 18.
· Parliament under 1973 constitution is a powerful legislative body. It enjoys all legislative powers. It has control of the executive through questions, resolutions, parliamentary committees etc.
· National Assembly is more powerful than the Senate. Budget is presented before NA. Cabinet is answerable to National Assembly.

5. Federal System

Federation of Pakistan has four provinces and federally administered areas. Two lists are given in the constitution: Federal list and Concurrent list. Residuary powers belong to provinces.

5. Provincial Structure:

· Provincial Governors are appointed by the President on the advice of the PM.
· Elected Chief Minister exercises executive powers.
· Parliamentary system is there in the provinces.
· Size of the provincial assemblies varies.
· Enough provincial autonomy is guaranteed.
· Tradition of strong centre continues. Centre has emergency powers. Governor’s rule can be imposed if the government cannot function in the provinces.
· Provinces are dependent on centre for Finances.

6. Principles of Policy:

Islamic provisions are provided in Principles of Policy. Foreign policy principles are also given under this heading.

7. Fundamental Rights:

Fundamental Rights are secured in the constitution and are implemented through the highest court.

8. Islamic Provisions:

· Title of the state is Islamic Republic of Pakistan.
· The objectives resolution was the Preamble in the initial constitution but through article 2-A of 8th amendment it was inserted in the constitution in 1985.
· Islam was declared the State Religion of Pakistan.
· Definition of Muslim was included by an amendment.
· Principles of Policy also carry some Islamic clauses.
· Council for Islamic Ideology is established under the constitution.
· Federal Shariat Court was added in 1981.

9. National Language:

· Urdu is declared National Language, however English may be used for official purposes until arrangements would be made for its replacement by Urdu.
· Provincial Assembly may prescribe measures for teaching, promotion and use of a provincial language in addition to the national language.

10. National Security Council:

National Security Council was added in 2002 in advisory capacity.

11. Judiciary:

An independent judiciary is given under the constitution. Supreme Court of Pakistan is the highest court. One High Court is established in each province and one in Azad Kashmir. A chain of lower courts is there under the high courts.

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