Constitutional History of Pakistan

Constitutional History of Pakistan

Background: According to the Indian independence law of 18th July 1947 the Islamic state of Pakistan emerged as the largest Islamic state on 14th August 1947.The first session of the constituent Assembly was held in the suggested capital city Karachi of Pakistan on 11th

August 1947.Even through the system of newly formed state of Pakistan was run under the temporary constitution, there was a need for a permanent constitution which was not fulfilled in life of Quaid-i-Azam. Because of that constitution making was delayed.

Reasons of Delay In Constitution Making

There was many causes and reasons for delay in constitution making.

Conspiracies of The Enemies of Pakistan

And IslamThe anti Pakistan elements had accepted the reality of Pakistan due to great success of Muslims league in the election of 1945-46 out they kept the Muslims of India unaware so that they could not form the constitution before creation of Pakistan.

The second bid conspiracy was they produced infinite problems to Pakistan after its creation.

Participation of Bureaucracy In Politics

Democracy cannot flourish in the presence in any country. The condition for the growth of democracy in Pakistan was different. The bureaucracy took full control of Pakistan politics after the martyrdom of Liaquat Ali Khan on 16th October 1951.Because of that six prime ministers were change in very short time.

Rulers’ Lust For PowerThe history is a witness to the fact that after the Quaid-i-Azam and Liaquat Ali Khan all the rulers of Pakistan were selfish and hungry for power. In the short period of rule of Malik Ghulam Mohammad three prime ministers were made. This delayed constitution making.

Lake of LeadershipIt was the misfortune of Pakistani nation that the leader pretended to work for their betterment & prosperity but in reality they stopped every effort of constitution making which could endanger their rule .

Uneducated Politicians In Majority

The first legislative Assembly of Pakistan consisted of majority of uneducated members. Because of this they favor those educated rules who were interest seekers.

Going Away From Islam

Quaid-i-Azam had explained the constitution of Pakistan which meant that Islamic constitution will be implemented in Pakistan. But they did not implement Islamic laws considering it as a threat to their rule and interests. They forgot the reality of Islam and is the best for Pakistan progress.

Problem of Division of Authority Between Federal And Provincial Government

The problem of division of authority between center and provinces was a reason of conflict from the day after creation of Pakistan. The lake of leadership did not allow the basic and complex problems.

Problem of Way of Government

After the formation of Pakistan the parliamentarian system was inherited whereas in the constitution of Pakistan the not ending debate of Presidential and Parliamentarian system started.

Lingual Conflicts

After the creation of Pakistan the common view that Urdu will be the national language but this problem took form provincialism at the start of 1948 specially the death of Quaid-i-Azam.

Provincial And Sectarian Conflicts

Due to the problems, division of authority of provincial and sectarian conflicts had started taking place with the creation of Pakistan. It was therefore unavoidable to create a balance.

Way of Electorate

The problem of way of electorate was not solved in the first constitution of Pakistan which is implemented on 23 march 1956.

Security of The Rights of Minorities

The minorities started showing suspense and doubts for the protection of their rights as a means for delaying the constitution making after creation of Pakistan. Quaid-i-Azam made it clear in his address that all the non Muslims communities including Hindus, rights will be accepted.

Annulment of Constituent Assembly

On September 21 1954 the prime minister Mohammad Ali Bogra tried to take the authority of governor to dissolve the assembly by presenting a resolution. The Governor general dissolved the Assembly at that time when the constitution was almost ready and only presenting it in the Assembly was left.

Lake of Democratic Traditions

The first general elections were held in December 1970.The democratic traditions were lacking because of not holding the elections frequently in Pakistan.

The Objectives Resolution 12th march 1949

Background: To run the system of government

after the creation of Pakistan certain amendments were made in the Indian Act 1935 and a constitution was made. It was not enough for the constitutional of Pakistan. For this resolution was presented in the legislative Assembly on March 7, 1949.

Important Points of The Objectives Resolution

The important points of the Objectives Resolution in the constitution are:

Sovereignty of ALLAHAllah is the supreme Ruler of the whole universe. This power will as a holy trust in the hands of Pakistan people.

Obeying The Islamic Principles

The Islamic Principles like democracy,freedom,equality,forgieness and social justice would be implemented in the country.

Preaching of Islamic Way of Life

Such opportunities should be provided to the Pakistani people so that they can spent their lives according to Islamic principles.

Federal System of Government

Pakistan will be a federation in which the provinces will be given legal internal autonomy in the limits of the constitution.

Implementation of Islamic rules

The administration of the country would be run according to the Holy Quran and Sunnah.

Democratic Way of Government

The government would be answerable to the people because it would be a democratic government.

Safety of The Rights And Interest of Minorities

The legal political and social rights and interests of the minorities and other backward classes will be protected in the constitution.

Protection of The religious And Cultural

Freedom of Minorities

The non Muslims minorities would have full freedom and protection.

Safety of Basic Human Rights

In the constitution assurance will be for the protection of basic human rights of every citizen of Pakistan.

Explanation of Basic Human Rights

Under the constitution all citizens were given the freedom of writing and speech, freedom of thought, religious and cultural freedom equality etc.

Defense of PakistanSoundness of Federal areas and freedom of the federation will be protected.

Formation of Free Judiciary

The judiciary would be superior to any kind of influence in Pakistan.

Historical Importance Of The Objectives

Resolution:The objectives Resolution has the status of the spirit of the legislature of Pakistan.