I need background of Pakistani constitution

[abdul kalam]

Assalamualikum

Brothers and sisters i have one request
can any one provide me the information about the background and making of our constitution..pakistan constitution..!!
who were the persons who drafted our constitution...!!etc

please can any one provide me this information

JAZAKALLAH

[waqar haider5]

Originally Posted by abdul kalam

Assalamualikum

Brothers and sisters i have one request
can any one provide me the information about the background and making of our constitution..pakistan constitution..!!
who were the persons who drafted our constitution...!!etc

please can any one provide me this information

JAZAKALLAH

I would like to suggest you a book i.e. CONSTITUTIONAL DEVELOPMENTS IN PAKISTAN by G.W.Chauhdary. Hope it would help you to get familiarized with early constitutional history of Pakistan.

[Islaw Khan]

Originally Posted by abdul kalam

Assalamualikum

Brothers and sisters i have one request
can any one provide me the information about the background and making of our constitution..pakistan constitution..!!
who were the persons who drafted our constitution...!!etc

please can any one provide me this information

JAZAKALLAH

Go through the book Constitutional and Political history of Pakistan by Hamid Khan.
Constitutional development of Pakistan.

[Islaw Khan]

Constitutional Development


The Pakistani nation is a heterogeneous mixture of diverse factions. The country cannot embark on territorial or racial nationalism like the British, Russians or Arabs. It is sharply divided in many racial and linguistic groups having different political and social mentalities. Hence, it is not easy to develop a mutually agreed constitution. The only bond that keeps the nation together is Islam. In fact, Islam was the binding force that turned the Muslims into a major political and racial group in the united India. The very ideal and essence of the Pakistan movement was to establish an Islamic state where the Muslims would enjoy religious, social and economic independence. It was a common notion that Pakistan would have its own constitution according to higher ideals of Islamic morality.

Unfortunately, Pakistan fell a prey to many internal and external problems of serious nature soon after its independence. No proper attention could be given to constitutional development. In the meanwhile, Muhammad Ali Jinnah passed away leaving behind a wide gap in leadership and administration. The political system of Pakistan went into the hands of feudal lords and bureaucrats. The dream of an Islamic state and independent constitution fainted as the common man was brushed aside form political field.

At last, a resolution was moved in a secret meeting of Muslim League Parliamentary Party on February 25, 1949. This resolution was called the Objective Resolution . It was passed on March12, 1949. Its main purpose was to lay down some guiding principles for the future constitution. This resolution declared absolute sovereignty of God. It promised to develop a constitution for Pakistan based on the teachings of the Holy Quran and the traditions of the Prophet Muhammad (S.A.W.). In fact, this resolution was a compromise between Islamic ideology and secularism but its importance cannot be denied. It is a short yet comprehensive document that defines the philosophy and function of the Pakistani constitution and government. It was added in the constitution of 1956 and 1962 as preamble but later it was made a part of the constitution in 1973.

In the meanwhile, a group of liberal politicians started propagating that Pakistan was not a theocratic state and that it must be established on modern political thoughts. They held the opinion that the slogan of Islam was raised just to attain liberty and not to form an 'orthodox' society. This thing aroused the anger of religious scholars and further delayed the constitutional development. Many workers and leaders of the Pakistan Movemnet started demonstrating against these secular thoughts. The supporters of the secular thoughts argued that Pakistan was not made for religious fanatics. They said that the country needed a progressive and 'up to date' political system so that it could keep pace with the modern world. On the other hand, religious scholars like Moulana Moudoudi and Shabeer Ahmad Usmani stated that Islam was the very foundation of the country and it had no escape form Islam.

InOn March 12, 1949, the constituent assembly formed a body of twenty-four members and asked it to put forward the basic principles of constitution. This committee formed four sub-committees for its assistance. These were:
1. Sub-committee for Federal and Provincial Powers
2. Sub-committee for Basic Principles
3. Sub-committee for Franchisement and
4. Sub-committee for Judiciary
The sub-committee for basic principles established Board of Islamic Teachings. Its main function was to guide the constituent assembly about all matters of constitutional development according to Islamic principles. However, its status was only of an advisor and the constituent assembly was not bound to accept its proposals.

The Basic Principles Committee presented its provisional report on September 28, 1950. The report declared that the governor general would be the head of the state. He would appoint prime minister and provincial governors. He might or might not be a Muslim. Parliament was divided into upper and lower houses. The representation of the East and West Pakistan in the upper house was to be given on parity basis. However, the presentation in the lower house was given according to population ratio.
This report met strict opposition and criticism. Quite surprisingly, none of its provision properly confirmed Islamic principles of government. The leaders of Bengal refused to accept this report. They claimed that Bengalis held majority but they could become a minority in joint sessions of upper and lower houses. This report granted more powers to the federal government. Many political leaders declared it a dictatorial system because the president enjoyed extra ordinary powers according to this report. This report proposed to merge judiciary and administration. This would mean a cut to the powers of judiciary.

Many political and religious leaders condemned this report and said that this report was a serious blow to civil and democratic liberties. This report met a drastic failure and was taken back. Liaqat Ali Khan, the prime minister, requested all the members of the legislature and common people to send their proposals. Religious scholars warmly welcomed this invitation. They submitted their twenty-two points as guiding principles for the future constitution.

On December 22, 1952, The Basic Principles Committee submitted its final report. According to this report, the governor general was to be elected in the joint session of upper and lower houses of central legislature for five years. The governor general would be a Muslim. He would not be a member of legislature. He would not be answerable to the legislature. Parliament was divided in upper and lower houses. This report proposed equal representation of the East and West Pakistan in upper and lower houses.

The purpose of this report was to redress the weaknesses of the provisional report but it too faced criticism. This time the Punjab province protested against the parity rule and Bengal demanded more autonomy. In this way, a tug of war started between the two provinces, which later led to great losses. Religious sections also raised the point that the report did not impose any duty on the government to establish an Islamic society. Even the country was not named "Islamic Republic of Pakistan". Similarly, judiciary was not given absolute authority. The major flaw in the report was that it did not define a way out if a conflict cold not be resolved in joint session of upper and lower houses.

Muhammad Ali Bogra amended the report and got it (Bogra's Formula) passed from the constituent assembly. He reduced the number of seats in upper and lower houses and maintained the parity rule between the East and West Pakistan. He distributed the offices of president and prime minister between the both wings. The basic draft of the constitution was completed in October 1954. It was supposed to be passed by the assembly but before it could be presented before the assembly, Governor General Ghulam Muhammad dismissed the assembly. Chaudhry Muhammad Ali became the new prime minister. He changed the West Pakistan into a single unit by merging all provinces and states. This system, however, failed to produce desired results. His government continued working on constitutional development and promulgated it on March 23, 1956.

The constitution of 1956 was quite flexible and balanced. Maximum efforts were made to ensure equality between center and provinces. The Bengali leaders had been demanding more autonomy and proper representation in defense services and other federal departments. Article 31 of the constitution was a proof that their demands were properly met. There was a question whether election should be held on the principle of joint electorate or separate electorate. The Bengali leaders were in favor of joint electorate so that they were not mixed up with the Hindu leadership in the national assembly. However, the people in West Pakistan were demanding separate electorate. This constitution decided to resolve the problem after taking the opinion of provincial assemblies. Similarly, Article 198 guaranteed that no law will be made and implemented that goes against the injunctions of Islam.

The constitution established parliamentary system of government and made prime minister answerable to legislature. It also confirmed the provisions of the Objective Resolution. The constitution ensured basic rights for all. Urdu and Bengali were declared official languages. It replaced the office of governor general with that of the president.
This constitution did not last long. The government of Chaudhry Muhammad Ali was dismissed. Hussain Suharwardy took the charge of the government. An act of joint electorate was passed on October 1956. In fact, the Hindus of the East Pakistan played a key role in passing this act. They made 20% of the population of the East Pakistan. They wanted to enhance their political and economic influence. These things led to the separation of the East Pakistan. The constitution could not be implemented practically as Congress and Awami League refused to sign its Islamic provisions. A political deadlock prevailed upon the country until a military coup dismissed the government and the constitution in 1958.

General Ayub took over the government. He was of the view that parliamentary system was not suitable for Pakistan where people were illiterate and could not choose the right people for them. He supported presidential system and introduced the system of basic democracies. His regime saw many revolutionary changes like land reforms and industrialization. He introduced a new constitution in 1962. This constitution was his own contrivance. It had a dictatorial air and faced staunch opposition. In 1968, a countrywide campaign was launched by MRD (Movemnet for Restoration of Democracy). The government attempted to curb it but it lead to agitation. Ayub Khan had to leave his office. He restored the Constitution of 1956 and handed over the government to General Yahya Khan.

The new government passed a document named L.F.O. (Legal Framework Order) in order to define working principles of the constitutional development. The most important provision of L.F.O. was to maintain national integrity at any cost. This could not be done because in the first general elections of 1970, separatist parties won majority vote. These political parties created a political crisis that resulted in the creation of Bangladesh.

Pakistan had to lose one wing. Zulfiqar Ali Bhutto became the president and martial law administrator of Pakistan. His government formed another constitution and promulgated it in 1973. This was the first constitution passed through real democratic process. Though several amendments have been made to this constitution, yet it is followed to this day. (The Constitution of 1973)