POLITICAL AND CONSTITUTIONAL DYNAMICS OF PAKISTAN

• Political dynamics: 1947-2006
• Constitution & its importance
• Pre-Independence Constitutional Developments
• Post-Independence Constitutional Developments
• Role of Military, Religious clergy, Bureaucracy and Political Parties in Pakistan

POST-INDEPENDENCE CONSTITUTIONAL DEVELOPMENTS

The term Government of India Act refers to several Acts passed by the British Parliament to regulate the government of British India, in particular:

1. Government of India Act 1833 (also known as the Charter Act 1833)
2. Government of India Act 1858
3. The Indian Councils Act of 1861
4. The Indian Councils Act of 1892
5. Government of India Act 1909 (also known as the Morley-Minto Reforms)
6. Government of India Act 1919 (also known as Montagu-Chelmsford Reforms of 1919)
7. Government of India Act 1935
8. Independence Act of 1947

GOVERNMENT OF INDIA ACT 1833
(Also known as the Charter Act 1833)

It created the post of Governor-General of India. The Governor-General of India (fully Governor-General and Viceroy of India) was the head of the British administration in India. The office was created in 1773 and he supervised other British East India Company officials in India. Complete authority over all of British India was granted in 1833, and the official became known as the Governor-General of India. In 1858, India came under the direct control of the British Crown. The title “Governor-General” is applied to his relationship to the British Provinces of India (Punjab, Bengal, Bombay, Madras, United Provinces, etc.) and the term “British India”, now generally used in reference to the pre-Independence period of British control in the whole of un-Partitioned India, historically refers to these “British provinces” only. However, much of British India was not ruled directly by the government; the territory was divided into hundreds of nominally sovereign princely states or “native states” whose relationship was not with the British government, but directly with the monarch. To reflect the Governor-General’s role as representative from the monarch to the feudal rulers of the princely states, the term Viceroy of India was applied to him; the title was abandoned when India became independent in 1947. The office of Governor-General continued to exist until India adopted a republican constitution in 1950.


GOVERNMENT OF INDIA ACT 1858

It was a piece of legislation passed by the British Parliament on August 2, 1858. Under this Act India became a formal Crown colony and the British government took over administrative functions from the British East India Company, following the Sepoy Mutiny in 1857. Its provisions called for the liquidation of the British East India Company and the transference of its functions to the British crown. The East India Company had up to this point been ruling India under the auspices of Parliament. For a period of two hundred years up until 1857, India had been administered in the name of the crown by the British East India Company. Back in London the Government passed the India Act of 1858 which transferred the government and administration of India from the Company to a Viceroy appointed by the Crown. The period of direct British rule in India is known as the British Raj, when the regions now known as India, Pakistan, Bangladesh and Myanmar would collectively be known as British India.


EMPEROR BAHADUR SHAH ZAFAR

The rebellion was a major turning point in the history of modern India. In May 1858, the British exiled Emperor Bahadur Shah Zaffar (r. 1837-1857) to Rangoon, Burma (now Yangon, Myanmar), after executing most of his family, thus formally liquidating the Mughal Empire.
Bhadur Shah Zaffar, known as the Poet King, contributed some of Urdu's most beautiful poetry, with the underlying theme of the freedom struggle. The Emperor was not allowed to return and died in solitary confinement in 1862. The Emperor's three sons, also involved in the War of Independence, were arrested and beheaded at the Khooni Derwaza (Blood Gate) in Delhi by Major Hudson of the British Army, and their heads were then put up for display at the Delhi Court.


THE INDIAN COUNCILS ACT OF 1861

Sir Syed’s advice in The Causes of The Indian Revolt: To give representation to the Indians in the legislative councils. This piece of legislation was aimed at securing better understanding between the rulers and the ruled. The provisions of this Act are:

• It enabled the Viceroy to introduce Indians to the Legislative Councils.
• The number of members of the Legislative Council was increased. The Governor had the authority to nominate at least six persons to the Council.
• Criticism from nominated Indian members was not allowed and they could not put questions to the official members of the Council.
• Sir Syed was a member of the Legislative Council under the act of 1861.



THE INDIAN COUNCILS ACT OF 1892

In 1892, the Government introduced another Act known as Indian Councils Act of 1892. The provisions of this Act were:

• The number of non-official members, in the Central and Provincial Legislative Councils was increased. However, the official members were still in majority.
• The members of the legislative councils were given the right to put questions. They were also authorized to discuss the annual budget.
• The local bodies were given right to send their elected members to the Legislative Councils.

The Muslim’s demand for separate electorate aroused after this Act as they wanted to protect their interests vis-à-vis the Hindu majority community. Sir Syed also advocated the system of nomination introduced in the Act of 1861 as according to him introduction of Western Democracy and elections would impose the Hindu majority rule over the Muslim minority.

GOVERNMENT OF INDIA ACT 1909
(Also known as the Morley-Minto Reforms)

Government of India Act of 1909, commonly known as the Morley-Minto Reforms, began when John Morley, the Liberal intellectual, (Secretary of State for India, 1905 - , 1910) and the Gilbert Elliot, 4th Earl of Minto, the Conservative practical administrator, (Governor-General of India 1905–1910) recognized that cracking down on terrorism in Bengal was a necessary but not sufficient for restoring stability to the British Raj after George Curzon, partitioned Bengal in 1905. A dramatic step was required to put heart into loyal elements of the Indian upper classes and the growing westernized section of the population.

The Act of 1909 was important for the following:

• It effectively allowed the election of Indians to the various legislative councils in India for the first time. Previously some Indians had been appointed to legislative councils. The majorities of the councils remained British government appointments.
• Muslims had expressed serious concern that a British type of electoral system would leave them permanently subject to Hindu majority rule. So, in the Act, their demands were respected and Indian Muslims were allotted reserved seats in the Municipal and District Boards, in the Provincial Councils and in the Imperial Legislative Council;
• The number of reserved seats for the Muslims were in proportion to their relative population (25 percent of the Indian population); and,
• Only Muslims could vote for candidates for the Muslim seats (“separate electorates”).
GOVERNMENT OF INDIA ACT 1919
(Also known as Montagu-Chelmsford Reforms of 1919)

In 1918 Quaid-e-Azam resigned from the Imperial Legislative Council in protest against the Rowlatt Act which was termed as “criminal” by political leaders due to its harsh provisions. The British Commander General Dyer, opened fire without warning to disperse, on the people who had assembled in the Jallianwala Bagh in Amritsar to protest against Rowlatt Act. The tragic incident spread hatred towards the government. In order to appease the Indians the Government the British Government introduced the Government of India Act of 1919 also known as Montagu-Chelmsford Reforms of 1919. The Secretary of State for India, Mr. Montagu, and the Viceroy, Lord Chelmsford, had prepared the report which served as the basis for the creation of the legislation. Congress and Muslim League were not impressed by these reforms.

The main features of these reforms were:

• Bicameral legislature was established in the centre. The Upper House was known as the Council of State (60 members & elected for 5 years) and the lower house was known as Central Legislative Assembly (146 members & elected for 5 years).
• The Act incorporated the idea of a dual form of government (referred to as a "dyarchy") for the major provinces.
• Separate electorate was retained for the Muslims.
• Self-government would be established gradually in India.


THE GOVERNMENT OF INDIA ACT 1935

The Government of India Act 1935 was the last pre-independence constitution of the British Raj. Government of India Act 1935, proposed a federal structure for Indian government which never came into operation, although it was adopted as the basic constitutional structure of India and Pakistan following Partition. The main features of this Act were:

• Federal System was introduced by this Act and there was a separate federal as well as provincial list. The Federal portion was to go into effect only when half the States agreed to federate. This never happened.
• This Act granted Indian provinces more autonomy. The country was divided into 11 provinces.
• The right to vote was increased from seven million to thirty-five million, or approximately one sixth of the potential adult suffrage.
• In addition, provincial assemblies were changed to include more elected Indian representatives, who in turn could lead majorities and form governments.
• The provincial executive was handed over to the representatives of the people.

Although both Muslim League and Congress had rejected the Act of 1935, still they decided to contest the elections under this Act. In 1937 (the first set of elections under this act were held) showed that the provincial governments were not British led. The Congress took office in eight provinces. Muslim League could not form ministry in any province.
VICTORY FOR MUSLIM LEAGUE IN GENERAL ELECTIONS TO THE CENTRAL & PROVINCIAL LEGISLATURES (1945-1946)

JUNE 3 PLAN

The partition plan prepared by Lord Mountbatten was issued on June 3, 1947 and is known as June 3 Plan. The main Characteristics of the plan are as follows:
• The Indian people shall make the constitution of India;
• Referendum shall be held in N.W.F.P;
• Province of Balochistan shall adopt appropriate way to decide its future;
• States shall be free to join one or the other country;
• A Boundary Commission shall be set up after partition which will demarcate the boundaries of the two countries, i.e. Pakistan and India;
• Both Countries shall have their own Governor-Generals who will be the executive heads of their respective countries;
• Military assets shall be divided amongst the two countries after partition.

INDEPENDENCE ACT OF 1947

On July 4, 1947, the Viceroy announced the partition plan on Radio. According to this plan, British India was divided into two sovereign States of Pakistan and India. The princely states were given the option to join one or the other country. The Act of 1935 was to remain in force until both countries draft their own constitutions. The British Parliament approved the Independence Act on 14th July, 1947 by which Pakistan came into existence as the biggest Islamic State of the World.

KING OF INDIA AND PAKISTAN

George VI continued to reign as King of India for two years during the short Governor-Generalships of Lord Mountbatten and of Rajagopalachari until India became a republic on 26 January 1950. George VI remained as King of the United Kingdom and King of Pakistan until his death in 1952. Pakistan became a republic on 23 March 1956, so Elizabeth II was Queen of Pakistan for four years.

GOVERNOR-GENERAL

Lord Mountbatten keenly desired to become the joint Governor-General of India and Pakistan. Congress had agreed this proposal but Muslim League rejected it and decider to appoint the Quaid-e-Azam as the first Governor-General of Pakistan.