CONSTITUTIONAL & POLITICAL DEVELOPMENT

Pakistan

24th March 1940 – Demand for Separate Homeland was proclaimed.

Indian Independence Act 1935, with certain adaptations and modifications, became the interim constitution of Pakistan

A new constituent Assembly was setup for framing of the constitution for the state.

India was successful in framing a constitution by 1950-51

There were three constitutional assemblies in all:

First, 1947-1954 Second, 1955-1956 Third, 1972-1973

First Constituent Assembly was assigned twofold job, Framing the Constitution To act as Federal parliament

Quaid-e-Azam’s Death Liaquat Ali Khan’s Death Islamic Ideology and Principles Wes-East Pak

The inordinate delay in producing a stable political order under which the people of the two wings East and West Pakistan – could participate in Decision Making Process on important national issues, was a major factor for the failure of National Integration in Pakistan.

March, 1949. Constituent Assembly passed a resolution. The Objective Resolution

It claimed to embody the guiding principles on which the future constitution of Pakistan was to be planted. Democracy Freedom Equality and Social Justice Rights of minorities Independence of Judiciary Federal System of Govt.

Non-Muslims were dissatisfied with the Resolution

Basic Principles Committee (BPC) March 1949 Liaquat Ali Khan – Chairman Determine principles on which the future

constitution was to be based. It set-up sub-committees. Published first draft Sept. 1950

BPC – First Draft

Federal Legislature of two houses The House of Units (Upper House) (The Lower House) The House of the

people, to be directly elected by the people on the basis of adult franchise.

BPC (1st Draft)

UPPER HOUSE (House of Units) Consists of Equal Number of

representatives from all provinces LOWER HOUSE (The House of People)

Was expected to give representation on population basis

BPC (1st Draft)

The two Houses of the legislature should have equal powers.

Disputes, Joint Sessions Head of the State was to be selected by

both of the Houses – term – Five Years. Cabinet will be appointed for Help. Prime Minister will head cabinet. PM with his cabinet, responsible for

both houses.

Strong Protest against First Draft, East Pakistan.

Great disappointment, deep criticism.

Incomplete constitutional structure. Rejected based on Islam. Urdu as the only National Language Population – East Pakistan Liaquat Ali Khan Assassination 1951.

Khuwaja Nazimuddin (Second Prime-Minister)

Presented the Second Draft Dec. 1952.

Main recommendations (2nd Draft)1. Head of the State will be a Muslim2. He shall be elected by joint sessions of

both houses of the central legislature but will not be a member of the legislature.

3. term of office: Five years.4. Federal Legislature: Two houses,

Upper house 120 seats, Lower house 400 seats(Seats equally distributed b/w two parts of country)

5. West Pakistan share of its seats was to be further divided amongst its provinces according to population

6. Term of each house shall be 5 years7. Both houses shall have equal powers8. Constitution shall be amended with the

agreement of both central and provincial legislatures.

9. Council of ministers was to be responsible collectively to the ‘house of the people’.

Most important contribution Principle of parity (E&W) Called “Parity Proposal”

House of the Units 60 members each (E&W)

House of the People 200 members from east Pakistan and 200 members from nine units of West Pak.

Principle of Parity was not accepted to the people of East & West Pakistan.

BPC report was popularly known as Bengali-Punjabi Crisis report.

Biggest drawback of this report was that it diverted people’s thinking and made it move in provincial grooves, as if the people had never entered the mainstream of Pakistan movement.

Ulema Board – another point for criticims

Mian Mumtaz, M.Khan Doltana, MA Gurmani, And Ch. Nazir Ahmed refused to put signs on the draft.

Finally, constituent Assembly, postponed its deliberations for an indefinite period.

The process of constitution-making was greatly affected by the scramble for powers among the politicians.

April 1953, removal of Khuwaja Nazimuddin.

Mr. Muhammad Ali Bogra, Pak-Ambassador in the USA was called back and appointed the new Prime-Minister. (Muslim-League elected him as a Leader of the parliament).

3rd Prime-minister-Bogra

Presented 3rd Draft in the Assembly – October, 1953.

“Muhammad Ali Formula” for constitutional deadlock.

Another Draft review committee Language as a major issue ‘Equal

status to Urdu and Bengali as official languages’.

Bogra announced date for promulgation of the new Constitution on 25th December, 1954.

The first Constituent Assembly, was not allowed to complete its mission.

Governor General – dissolved it within 10 days of its adoption.

Legal disputes and crisis

Muslim league defeated in General Election in East Pakistan.

Constituent Assembly's decision Replaced PRODA Act of 1948-1949 on

20th September, 1954. Powers to remove corrupt & inefficient

ministers Powers to Governor General to dismissing

the government. G.Mohd (GG) dismissed Nazimuddin

Ministry under these clauses

Governor General issued a proclamation declaring a state of emergency throughout Pakistan and dissolved the Assembly in October 1954.

Governor General – Highest executive authority of the country.

But Assembly did not surrender easily.

Maulvi Tamiz-ud-din, Speaker of the dissolved Assembly challenged the order of the Governor General and filled a petition before Sindh High Court.

Sindh High Court, The Supreme Court of Pakistan, in

favor of Governor-General. Malik Ghulam Muhammad, G.G, formed

a new cabinet. Brought General Ayub Khan in the

cabinet and paved the way for military.

1955, Second constituent Assembly was setup.

80 members, full authority of legislation Ch. Muhammad Ali, P.M Bogra was sent back to USA as Pak-

Ambassador. abolished old sub-divisions and the

provinces into ONE UNIT 23rd March 1956, Pakistan was declared a

Republic.

The Constitution of 1956

Enforced, march 23, 1956. President Prime Minister National Assembly Governor Provincial Assembly Judicial Structure

Supreme Court High Court.

President

Majority in National Assembly and Provincial Assembly Muslim Age 40 Five Years Important functions

Appoint Prime-Minister. Provincial Governors Judges of Supreme Court (CJ) Auditor General Advocate General Could summon, prorogue, and dissolve the National Assembly Veto Powers to reject or withhold his assent to the bills Grant pardon and Reduce punishment

National Assembly 300 Members equally divided among the

two wings of the Country Ten seats for women National Assembly has complete control

over finances.

Governor Serve up to the pleasure of the president Appoint Chief Ministers

Provincial Assembly Provincial Legislature and Governor 80 members each Assembly 10 seats for women

Islamic Provisions

Named: Islamic Republic of Pakistan Sovereignty of God Almighty Head of the state shall be a Muslim Islamic Advisory Committee shall be

set up No law detrimental to Islam shall be

enacted.

Political instability was still there. No elections till 1958 Principle of Parity – great resentment

in East Pakistan. 1958 Martial Law was declared. General Ayub Khan, C-In-C of the

Army, took over the Government and became the head of the state on 27th October, 1958.

Ayub, setup a Constitutional Commission under Justice Shahuddin to suggest recommendations for the new constitution in the country.

Commission, submitted report in May 1961.

Report was examined by President.

Report highlighted reasons of failure of democracy in Pakistan b/coz Lack of dedicated leadership Absence of well organized political parties

In view of Recommendations of the commission, a new constitution was framed by a constitutional body which was neither elected nor did it enjoy popular support.

The constitution was thrust upon the people in an undemocratic and authoritarian manner.

CONSTITUTION OF 1962

President NA The Governor

President The Executive Head of the Country was Called The

President. Muslim – 35 years of Age. President could not become member of legislature Could be removed only by the National Assembly Powers for appointments and dismissal of

Governors, ministers and members of various Administrative Commissions.

Veto Power Issue Ordinance Dissolve National Assembly

N.A Consists of President and NA 156 members 6 for women Seats equal distributed in the two Wings Constitutional Amendment # increased from 156 to 218

(NA 200 members, 10 intellectuals, and 8 women) NA full authority over finances Levy tax and pass annual budget As Court of Law , when a resolution of impeachment,

conviction declaring the President as incapacitated was before the House.

The NA could pass by 2/3 majority an amendment to change the constitution.

The Governor Provincial Chief, appointed by the President Serves at Pleasure of President and could be

removed at any time by a Presidential Order.

1962 Constitution introduced a Presidential System in the country.

President was all powerful and acquired dictatorial powers.

Ministers appointment and dismissal by president, and could dissolve the Assembly

The people were soon disillusioned with the 1962 constitution and the authoritative style of Ayub regime.

Demanded his resignation. East Wing demanded Provincial

Autonomy. Ayub Khan Decided to step down. The 62’s constitution was abrogated

and Martial Law was imposed in 1969.

Ayub handed over the Government to the then C-in-C General Yahya Khan.

The Country after 22 Years independence was without a Workable Constitution.

Yahya Khan disbanded ONE UNIT. Restored the Old Provinces of Pubjab,

Sindh, Khyber Pakhtunkhwa and Balochistan.

These provinces became fully operative by July 1970.

According to Yahya Khan’s constitutional formula NA was to consists of 313 members and 169 from East and 144 from West Pakistan.

General Election in December 1970.

Shaikh Mujeeb, Awami League won 167 seats from East Pakistan

Pakistan Peoples Party emerged as the majority party in West Pakistan.

East Paksitan separation in 1971. Yahya held responsible and resigned. Government was handed over to ZA

Bhutto.

Priority to constitutional development. NA appointed a Committee in April 1972

for preparing Constitutional Draft.

Martial Law was lifted in April, 1972

Abdul Hafeez Pirzada, 2 Feb 1973 presented draft and its was unanimously passed and president gave his assent on 12 April 1973.

The Constitution of 1973

Was reinforced on 14 August, 1973.

The Constitution of 1973

President Prime Minister Parliament NA The Senate Provincial Assembles The Judicature

President Executed powers are vested with the Prime

Minister and his cabinet. President should be a Muslim Elected by Joint Sessions of NA and the Senate 5 Years No one can remain President for more than 2

times. Cannot be removed before expiry of his term. Can be removed through impeachment for gross

misconduct, physical or mental disability and for violation of the Constitution.

Can Address both houses Can dissolve NA on advice of the PM Without advice of PM. Can also

dissolve the Government, if its not functioning properly and there is visible danger to the federation.

Limited authority in legislation If the President does not give assent

to a bill passed by the parliament within the stipulated period, that bill will be considered to have been assented to by the President and will become a Law.

Appoints Governors, Attorney Generals, Chief Election Commissioners, Chief Justice and Chief of Staff of Army, The navy and Air Force.

He is head of the armed forces.

If a Provincial Govt fails, President can assume the executive powers of that province or may direct the Governor.

Prime Minister. Fountain head of Executive realm in the

Parliamentry system. Section 90, PM is the Head of the

Government. NA elects PM after 30 days of Elections. PM is fully empowered to appoint cabinet. He/She can dismiss any member of the

Cabinet with any reason. Can be removed by a vote of no confidence

against him passed by the NA.

Most important duty of PM is to run the administration of the country.

NA 217 members (207 + 10)

General Musharraf No of seats in Senate, NA, and the

Provincial Assemblies were increased.

Topics

Khilafat Movement Sir Syed Ahmed’s Educational and

Political reforms Quaid’s 14 points and Nehru Report.