Chapter iii Constitutional Process,

• Early efforts to make a constitution (1947-1956) problems and issues,

• Salient features of the constitution of 1956 and its abrogation.,
• Salient features of the constitution of 1962 and its abrogation

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(1947-54)
that faced grievous circumstances. 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. i) as the legislative body of the country and; ii) to frame the first constitution of Pakistan.

Major Issues

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

1. Jinnah's death
2. Federalism
3. Representation
4. Separate or Joint Electorate
5. The National Language Issue
6. Parliamentary or Presidential system
7. The Islamic or Secular State

[Link] s role

Quaid-i-Azam Muhammad Ali Jinnah was a charismatic and history making leader who
transformed the Muslim community of the South Asian Subcontinent into a nation rooted in their
religiocultural historical identity and a shared perception for the future against the backdrop of
the political experience gained during the British rule. No other Muslim leader enjoyed such a
political stature in South Asia and his popular support bypassed the linguistic, ethnic, and
regional cleavages among the Muslims. The Quaid spoke eloquently on the major themes of the
future shape of the polity in the course of the freedom movement and as the first Governor
General of Pakistan. However, he died on September 11, 1948, before his political assertions
could be translated into constitutional and political institutions and processes. His untimely death
did not give him time to transfer his charisma to the political institutions and processes of the new
state of Pakistan. None of his successors enjoyed such a commanding political stature to give a
definite shape to the Pakistani polity and make it acceptable to different political leaders, parties
and regions. Most of them had strong roots in some region or province, lacking a nationwide
support base which narrowed their worldview and restricted their capacity for political
mobilization The political leaders were unable to evolve mutually acceptable solutions to the
political, legal, and administrative problems that surfaced in the early years of independence. This
delayed constitution-making and eroded the spirit of cooperation and sacrifice that manifested in
the last phase of the struggle for independence. The lack of a broadly based consensus was the
major reason for discontinuity and non-sustainability of the political institutions and processes.
These trends accentuated due to repeated assumption of power by the military and the attempts
by the military rulers to shape the political institutions and processes on military ethos of
discipline, control from the top, and management of affairs rather than participatory governance
and political management. Pakistan faced constitutional and political breakdown, regional
disharmony, political polarization, and ideological disorientation. This gave rise to a brute
struggle among the competing interests for structuring the polity and society on their desired
worldview and political priorities to the exclusion of others.

[Link]

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 3 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.

3. 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.

[Link] 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.

[Link] 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.
6: Parliamentary or Presidential

There was a consensus for parliamentary system. But there was a limited demand for presidential
system. According to parliamentary form of government, the head of state had no role to play in
politics. In Pakistan democratic era, years between 1951to 1956 is called weak democratic period.
Ghulam Mohammad and Iskindar Mirza were the head of the state. These heads violated that rule
as a chief of the country were involve in political activities. They had hold on parties, government
and bureaucracy. They also play major role to make weak political parties and government. They
were involved to make instable government at center and in provinces. Ghulam Mohammad and
Iskindar Mirza were belonged to bureaucracy. In this period no election were held. Legislature
was elected indirectly. Only in 1954 election were held in provincial level. The other action by
Ghulam Mohammad which was out of democratic law, the dismissal of prime minister Nazim-
ud- Din who had a vote of confidence in assembly(Hassan, Causes of Military Intervention in
Pakistan: A Revisionist Discourse “ Pakistan Vision” No voice was heard against prime minister
Dismissal. No actions of assembly like discussion or notice were taken for his remove. This act
was against the democratic rule and show the where no voice heard. For own interest he
appointed Bogra as a prime minister. Relationships between Bogra and Ghulam Mohammad were
just like an owner and a servant. “He was only show-boy”

[Link] political parties

Political parties play an important role in political system of any country. It also had important in
democratic system. In Pakistan post independence period, Pakistan Muslim League, Jamaat-i-
Islami, Awami Muslim League and Pakistan National Congress were the major parties in politics.
The other parties were Nizam-i-Islam, Azad Pakistan Party, Sind Awami Mahaz, Communist
party. The major party in Pakistan movement was declined and other parties were formed in
Pakistan. After the Jinnah and Liquat Ali, it could not found leadership. The politicians were
work for self interest and there were no party who worked for country development.

8: 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. The founding fathers had cultivated a very promising image of Pakistan, a country that
would be a social welfare and modern democratic state, radiating all the virtues a common
Muslim believes to be found in what was believed to be an Islamic state. The reality of Pakistan,
however, unfortunately proved to be the nemesis of what had been cultivated.
Constitution Making (1947-56)

The process began with the passing of the Objectives Resolution (Lecture 16) 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
onthe religious matters.

The Objectives Resolution (1949)

The Objectives Resolution also known as magna carta of pakistan, 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

Features of the Objectives Resolution

[Link] 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.

Criticism

The non-Muslim and some secular members of the constituent assembly vigorously opposed it, and all of them
voted against it. Birat Chandra Mandal said that Jinnah had unequivocally said that Pakistan would be a secular
state. Sris Chandra Chattopadhyay (1873-1966), the Dhaka-born leader of the opposition, said in the constituent
assembly on March 12, 1949:
In my conception of state where people of different religion live there is no place for religion in the state. Its
position must be neutral: no bias for any religion. If necessary, it should help all the religions equally. No
question of concession or tolerance to any religion. It smacks of inferiority complex. The state must respect
all religions: no smiling face for one and askance look to the other. The state religion is a dangerous
principle. Previous instances are sufficient to warn us not to repeat the blunder. We know people were burnt
alive in the name of religion. Therefore, my conception is that the sovereignty must rest with the people and
not with anybody else....[T]he words "equal rights as enunciated by Islam" are—I do not use any other
word—a camouflage. It is only a hoax to us, the non-Muslims. There cannot be equal rights as enunciated
by Islam. It goes without saying that by introducing the religious question, the differences between the
majority and the minority are being perpetuated, for how long, nobody knows. And, as apprehended by us,
the difficulty of interpretation has already arisen. The accepted principle is that the majority, by their fair
treatment, must create confidence in the minority. Whereas the Honorable mover of the resolution promises
respect, in place of charity or sufferance for the minority community the deputy minister, Dr. Qureshi,
advises the minority to win the goodwill of the majority by their behavior. In the House of the Legislature also
we find that, while the prime minister keeps perfectly to his dictum, others cannot brook that the opposition
should function in the spirit of opposition. The demand is that the opposition should remain submissive. That
is Dr. Qureshi's way of thinking. The minorities must be grateful for all the benevolence they get and must
never complain for the malevolence that may also be dealt out to them. That is his solution of the minority
problem.[2]

Ayaz Amir, a prominent media commentator and a former member of Pakistan's parliament, has criticized the
constituent assembly for lavishing attention on this "piece of rhetoric" which was "of no practical benefit to
anyone. Even Maulana Maududi, a big supporter of the resolution, was disappointed with the fact that it did not
produce any positive results. According to him, it was such a rain which was neither preceded by a gathering of
clouds nor was it followed by vegetation.
According to Ms. Rubina Saigal, an eminent Pakistani intellectual, Maulana Maududi's theory of divine
sovereignty was incorporated into the resolution. According to her:
Subsequent to the passage of the Objectives Resolution, all of Pakistan’s constitutions contained religious
provisions and the name of the country was changed from (the) Republic of Pakistan to (the) Islamic Republic of
Pakistan. The national debates over the kind of nation, state and society envisaged led to compromises being
made with the liberal, secular as well as the religious lobby. As a result, the Constitution of 1973, a consensus
document, became riddled with internal contradictions regarding citizenship. For example, Article 25 says that all
citizens are equal before law while Article 2 says that Islam shall be the state religion. When one religion, to the
exclusion of all others, is established as the state religion, how can the followers of other religions be equal
citizens? And if they cannot be equal citizens, is democracy possible without citizenship equality? The denial of
the right of non-Muslims citizens to become the head of state or government also violates Article 25, which
requires equality before law

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.

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

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.

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.

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:

The power-holders attained a number of objectives by removing Nazimuddin. He was replaced as

the premier by Mohammad Ali Bogra, hitherto Pakistan’s ambassador in Washington. His
Bengali ethnicity suggested that Nazimuddin was not removed because of being a Bengali. Bogra
could also be useful in cajoling the US to befriend Pakistan, whose rulers were desperate to get
Western approbation for themselves and their country. Bogra’s appointment followed the end of
the US embargo on food aid to Pakistan, and he later succeeded in seeking a place for his country
in the Western military pacts. All the while, Bogra was also under pressure to take the process of
constitution-making ahead. Six precious years had been lost while no breakthrough was in sight
for resolving the East-West representation issue that had almost stalled the constitution-making
exercise.

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

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

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-iAzam
had wished Urdu as national language. This is important that after the Formula, the work began
on constitution drafting because the deadlock was over.

Meanwhile, the Bengali legislators along with some of those coming from the smaller provinces
in the western part of the country compelled Bogra to assert his and the Assembly’s position. The
prime minister thus had a series of legislation passed reducing the powers of the governor
general. The latter was now prohibited from appointing and dismissing a prime minister at will.
Also, to form the government, he was to call upon a person who was a member of the assembly,
and who could be removed only by a vote of no-confidence. This and other restrictions on the
power of the Ghulam Mohammad apparently took the wind out of the governor general’s sails.
Having done this, the prime minister left for the US. The governor general returned to Karachi
and decided to outsmart the prime minister as well as the recalcitrant assembly. A special plane
was sent to London and when prime minister Bogra reached there after completing his visit to the
US, he was forced to return to Pakistan rather than spending some time in the UK as planned.
Commander-in-chief Ayub Khan and Iskander Mirza, former defence secretary and at that point
of time the governor of East Bengal, accompanied the prime minister from London to Karachi. It
was an escort of sorts — or perhaps a kidnap. Upon reaching the governor general’s house, the
PM was literally abused by Ghulam Mohammad, who forced Bogra’s removal and dissolved the
federal assembly. Rubbing salt on the PM’s wounds, he was now asked to lead a new cabinet that
was decided and made then and there in the room where the governor general lay in bed
recuperating from an illness. The combination designated as ‘the Cabinet of all Talents’
comprised, among others, the sitting commander-in-chief who was also made the defence
minister, Iskander Mirza, and Chaudhri Mohammad Ali.

The cabinet lost no time in devising the merger of all the provinces and states in the western wing
of the country, thus creating the province of West Pakistan. This was done to neutralise the
numerical majority of East Bengal. The engineering of the situation in this manner could enable
the argument that since the country had now only two provinces, East and West Pakistan, they
should therefore have equal representation. The term ‘parity’ thus entered Pakistan’s political
lexicon.
Ghulam Mohammad’s decision of Oct 24, 1954, to dissolve the assembly was declared illegal by
the Sindh High Court, which held that the governor general had the right to dissolve the
legislative assembly under the interim constitution, but the assembly dissolved by him also served
as the constituent assembly, whose dissolution was not within his competence. However, the
historic decision was overruled by the federal court which observed that the constituent assembly,
by not being able to furnish the constitution in seven years, had lost its legitimacy. Pakistan’s
judiciary, therefore, derailed the country’s constitutional and democratic journey with this
decision. Subsequently, the Federal Court and, later the Supreme Court, followed the tradition of
un-seating the civilian regimes. But it all started in 1954.

In June 1955, a new assembly was elected through the electoral college of the provincial
assemblies. By then, the provincial assembly in East Bengal had been re-elected, and in the
provincial elections, held in early 1954, the United Front had defeated, rather routed, the Muslim
League. This change was reflected in the elections to the new National Assembly in which the
Muslim League lost its majority though it was still the single largest party. It formed the next
government in coalition with the United Front. With the Bengali component of the Muslim
League parliamentary party having shrunk, the Bengali prime minister, Mr Bogra, was replaced
with Chaudhri Mohammad Ali.

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.

The 1956 Constitution

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.

The Constitution of 1956 had 234 Articles and 6 Schedules. It declared that the name of the
country would be the Islamic Republic of Pakistan. There was clear impact of the Government of
India Act, 1935 and the Interim Constitution.

Features

1: 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 enjoythe 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(unicameral):

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.

2: Federal System

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

3: 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.

4: 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.

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

6: 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

7: Islamic Character

1. The name of the country was the Islamic Republic,

2. Objectives Resolution was the Preamble. Other Islamic clauses were part of Directive
Principles.
3. No law can be made to violate Islamic principles and teachings.
4. Existing laws would be brought in conformity with Islamic teachings.
5. 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.
6. The matter could be taken up with the Judiciary.
7. 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

The main achievement of Mohammad Ali’s government was the approval of the 1956
constitution which brought to an end the dominion status of Pakistan and made it a republic.
Notwithstanding this achievement, the constitution was infested with numerous weaknesses.
It was not drafted by any constitutional body; rather it was drafted by the staff of the law
ministry and was later put before the constituent assembly. It was a compromise among
different factions represented in the assembly but it was an unnatural compromise for it was
made under unusual compulsions and duress. The most prominent was the adoption of parity
between East and West Pakistan, on which the Bengali leadership’s compromise could not
last long as the subsequent months proved. Similarly, the constitution remained silent on the
question of the form of representation — separate electorate or joint electorate. The
parliamentary system itself was subdued by giving extraordinary powers to the president.
This was done only because the last governor general, Iskander Mirza, had to become the
first president after the adoption of the constitution. Chaudhri Mohammad Ali lost his
premiership when he was compelled to support president Mirza in creating the Republican
Party, which had to be given the responsibility of governing the newly-formed province of
West Pakistan. It was a pretty unusual situation where the prime minister who belonged to
the Muslim League was supporting the Republican Party in the West Pakistan assembly
where the League itself was serving as the opposition. This annoyed the newly-elected
League president, Sardar Abdur Rab Nishtar, who asked the League ministers to resign from
the federal cabinet thus pulling the carpet from under the prime minister’s feet. A
manipulator of the highest order, Mirza lost no time in asking Mohammad Ali to resign. Now
Hussain Shaheed Suhrawardy was invited to form the government. The Awami League
leader managed to form a coalition, but within 13 months he was shown the door once he
failed in keeping the coalition together. Mirza then looked towards Muslim League leader I.I.
Chundrigar, who could survive less than two months, losing his office on the electorate issue.
Then came Feroz Khan Noon of the Republican Party who managed a coalition with the
Awami League that lasted 10 months until Mirza imposed martial law in collaboration with
Gen Ayub Khan. The consttituion that took long nine years to frame was finally abrogated on
October 7, 1958. It worked from March 23, 1956 to October 7, 1958. Mirza 's motive behind
this, as recorded in history, was to introduce a new constitution through which the existing
system could have been removed and the presidential form of government introduced. But his
collaborator had his own designs. Within 20 days, Ayub turned the tables on Mirza. Four of
Ayub’s generals went to President House and forcibly acquired his resignation. Mirza was
sent to Quetta and deported a week later to London where he lived the rest of his life in
oblivion. Pakistan, at this point, entered the first phase of its long night of military rule.

The 1962 Constitution

Background

Ayub Khan became first chief of army staff from Pakistan. He replaced General Douglas in
1951 when he was appointed as the Chief of Army Staff by Liaquat Ali Khan. Then he was
appointed as the defense minister of Pakistan in 1953 by the Prime Minister Muhammad Ali
Bogra when there was a political crisis in the country. Since then army became a very
integral part of government. The difference amongst the political leader ship further gave
way to the military intervention in political matters. After the proclamation of martial law by
Iskandar Mirza on 7th October 1958 Ayub Khan saw a greater role for himself and the army
in politics of the country. He seized power for himself two weeks later and threw Iskander
Mirza out of Government. After assuming full power for himself he needed to legitimize his
rule and stay in power. So he started the system of Basic Democracies. In first stage he
divided the country into 80000 administrative units or Basic Democracies. Then he raised
the number to 120000. After the elections of these basic democracies Ayub Khan took the
vote of confidence from the newly elected Basic Democrats. He became second President of
Pakistan in 1960. His rule over Pakistan was a long rule of 11 years. During this time he
introduced many new policies which are discussed as under:

The foremost thing for Ayub Khan after taking over power was to silence any potential
opposition that could challenge his newly formed administration. There were only two
major sections of the society who could post any kind of resistance to him, politicians and
bureaucrats. Bureaucrats were tamed by introducing a law known as PODO (Public Office
Disqualification Order). It described that any public servant would be discharged from
service if found guilty of corruption, nepotism or abuse of power. For politicians he made a
law EBDO (Elective Body Disqualification Order) August 1959. According to which any
elected office holder if found guilty would be debarred from politics till 31 December 1966.
The use of this law was ruthless. Ayub EBDOed all possible political leader. Ayub Khan after
taking powers in his hands from Iskander Mirza needed to device mechanism to control
opposition from two sections of the society, bureaucracy and politicians. For both of the he
crafted laws which seemed need of the time for Pakistan however they were used as a
political device in his hands. He put a ban on political parties arrested G. M Syed and Abdul
Ghaffar Khan. In Marc h 1959 Ayub introduced Public Office Disqualification Order (PODO)
Even the person who presented Lahore Resolution in 1940, A. K. Fazlul Haq. These two laws
sound appropriate, however the implementation of these laws was based upon silencing
the opposition rather than achieving their actual targets.

Basic Democracies

After acquiring the rule and silencing the opposition Ayub Khan took the next logical step in
terms of military takeover, legitimizing his rule. Although since independence democracy
has not been able to prevail however the power struggle was in between politicians and
bureaucrats, both civilians. This was the first time army has intervened directly. Military rule
is always considered as illegitimate. To have acceptability in home and in international
arena Ayub Khan had to depict himself as publically accepted and elected leader. Ayub did
not belong not any political party thus could not conduct democratic elections. For this
purpose he chose to use indirect way of public approval. He introduced Basic Democracies
in 1960. The mandate of to be elected member was to deal with the municipal services,
such as taking care of the roads, water supply, sewerage, basic health facilities, local
education etc. The Basic Democracies order was passed in 1959 and the elections were
conducted in January 1960. From all over Pakistan 80000 Basic Democrats were elected.
Soon after their election the purpose of the exercise was revealed by the president when
they were asked in an ambiguous referendum question about the continuity of Ayub Khan’s
presidency. The results were, 80,000 Basic Democrats, 75,283 affirmed their support. Ayub
Khan proclaimed himself as the elected president of the country.

Constitutional reforms:
After becoming president the highest priority was given to the constitutional problem. With
the proclamation of Martial Law in 1958 the constitution of 1956 was abrogated so there
was a need for a new constitution. For this purpose he ordered the formation of a
commission under justice shahb-u-ddin. The composition of this commission was retired
chief justice of Supreme Court who would work as the chairman of this commission, two
retired judges, a lawyer, a mill owner, a business man, a land lord and a member from
minorities. This composition gives the hint about the final product and the intentions of
Ayub Khan that what sort of government and constitution he wanted to create. There was
no representation of majority of the people for example common man, laborers, farmers
etc

This commission prepared a detailed questionnaire for understanding the views of people.
This questionnaire was produce in the quantity of 28000 copies. Other than this exercise the
commission conducted 565 interviews of people belonging to different walks of life. Many
people were apprehensive about the wishes of Ayub Khan. Finally the report of the
commission came out and it met the decided fate. It was not the commission which was
running the show it was Ayub Khan. The report said the government should be formed on
the model of USA with directly elected President and check and balance of Legislative,
Executive and Judiciary. Ayub was willing to adopt it but with his own interpretation which
says that the executive should not have any checks but other two pillars needs its
authentication. “Whatever the shortcomings of the commission’s proposals, their chief
merit was the concern for the rehabilitation of democratic process, and whatever merit the
president saw in his own proposal, their main was to provide a constitutional façade for a
dictatorial design” 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

I. The name of the country would be the Republic of Pakistan. (In the last constitution
it was Islamic Republic of Pakistan)
II. The country would be presidential form of government and president would be
directly elected.
III. All the executive authority would be exercised by President.
IV. President will select Prime Minister from the national assembly.
V. All the laws passed by the parliament will be subject to the presidential consent. If
the president disagrees with any particular legislation he would send it back to the
parliament. (If the parliament still does not make any changes then finally the
president has the power to send parliamentarians to home by dissolving the
assembly).
VI. 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.
VII. extra powers of dissolving the provincial assemblies on the order of the President
VIII. Objectives Resolution was the Preamble of the Constitution. Other Islamic
provisions were a part of Principles of Policy and not the constitution.
IX. Originally Political Parties were not allowed. Political Parties Act was introduced in
1962.
X. An Advisory Council for Islamic Ideology was made in the constitution having 5-12
members. It was a recommendatory body.

Downfall of Ayub Khan:

The downfall of Ayub Khan was not sudden it took some years. We can say that his
decline started after 1965. Pakistan entered into war with India in September the same
year The year 1965 was also, of course, the year when Ayub Khan’s downward slide
began. The war with India in September, on which much has been written in recent
years by FB PAGE: CSS Coaching historians, has raised questions on strategy, intention
and tactics, and whether Pakistan actually ‘won’ the war. The role of Pakistan’s foreign
minister, a young, charismatic and ambitious Zulfikar Ali Bhutto, has also been
scrutinised by historians, suggesting that Bhutto led Ayub into a military disaster, and
was to gain political mileage after the Tashkent Declaration, parting ways with Ayub to
become his main opponent. There is little doubt that Ayub Khan’s Decade of
Development, which his government was celebrating in 1968 at a time when opposition
to his regime was mounting, changed Pakistan’s social and economic structures
unambiguously. There is little doubt that there was economic growth, but given the
ideological drivers of this growth, regional and income inequalities grew very sharply,
giving rise to a political category of the super rich, called the ‘Twenty-two Families’, a
metaphor for accumulation and corruption.

There is little doubt that Ayub Khan’s Decade of Development, which his government
was celebrating in 1968 at a time when opposition to his regime was mounting, changed
Pakistan’s social and economic structures unambiguously. There is little doubt that
there was economic growth, but given the ideological drivers of this growth, regional
and income inequalities grew very sharply, giving rise to a political category of the super
rich, called the ‘Twenty-two Families’, a metaphor for accumulation and corruption. The
growth model followed by Ayub gave rise to manufacturing and industrialisation, the
growth of a working class, agricultural wealth created by the Green Revolution in the
Punjab, and the emergence of what were later to become Pakistan’s middle classes. It
was many of these disenfranchised social groups under Ayub that gave Bhutto the
support to create his Peoples Party and bring about a social revolution, while in East
Pakistan, these same contradictions gave impetus to Sheikh Mujib’s Awami League. It
was not only inequality amongst individuals which increased, but on account of the
Green Revolution, and due to capitalism’s own locational logic, central Punjab and
Karachi developed far more than other parts of the country, particularly East Pakistan,
which had always felt deprived and exploited. With the Punjabi-Mohajir bureaucracy
and a Punjabi military dominating politics and economics in an overly centralised state,
East Pakistan’s politicians and population felt completely marginalised. The policies of
the Ayub era, both economic and political, led in 1966 to Mujib asking for more rights,
including the right to universal franchise for all Pakistanis. A centralised military
government, now located in its new capital Islamabad, failed to pay heed to calls for
inclusion and participation. Signs of what was to come were clearly evident. Ayub’s
decade unleashed a process of social and economic change, created economic and
social contradictions for socialist and nationalist politics to emerge, and also helped
modernise many institutions and policies. All this was done with complete support from
the US until the 1965 war when American policy was rethought with regard to South
Asia. Most importantly, Ayub’s decade of military dictatorship brought the military into
politics, and created a pattern which was replicated, albeit with different ideological
underpinnings, in very different eras and global and regional circumstances, in 1977 and
1999.