Constitutional and Political Journey of Pakistan

Jinnah’s Speech of 11 august, 1947 before Constituent Assembly

⚫ An outline for future constitutional structure

“You are free; you are free to go to your temples. You are free to go to your mosques or to any other places of
worship in this State of Pakistan. You may belong to any religion, caste or creed—that has nothing to do with the
business of the state.”

Guarantees that:
⚫ All citizens would be equal regardless of belief, caste or creed, and they are free to practise
their religion.
⚫ All religious, sectarian, ethnic, linguistic and other distinctions cease to matter in the political
sense and constitution would ensure so.
⚫ Pakistan would not be theocratic state.
⚫ In short, Jinnah visualized Pakistan a modern, progressive and democratic state whose
energies would be harnessed in the uplift of people (as per Islamic principles).
“Pakistan would be a modern democratic state with sovereignty resting in the people” Jinnah to Doon
Compbell – Reuter Correspondent (1946)
Jinnah's Death, September 1948
• suffering from consumption of the lungs.
• well-kept medical secret, for had it been known, the Congress and the British might have
dragged on the process of independence.
• he was heard muttering aloud: “The Kashmir Commission have an appointment with me
today; why haven't they turned up? Where are they?'"

AFTER JINNAH: LEADERSHIP VACUUM

• It created an unbridgeable leadership gap and left the nation in lurch.
• Leonard Mosley called the creation of Pakistan a “one-man achievement”.
• More comprehensive was Stanley Wolpert’s depiction of Jinnah’s role in the creation of
Pakistan: “… few individuals significantly alter the course of history. Fewer still modify the
map of the world. Hardly anyone can be credited with creating a nation-state. Jinnah did all
three.”
However, while Jinnah’s unusual role makes him a unique figure, it also represents a weakness of
our freedom movement which did not create a wider section of big leaders.
This weakness came to be exposed when Jinnah died 13 months after independence.
 Beverly Nichols had foreseen the danger: “If Gandhi goes, there is always Nehru, or Raj Gopal
Achari, or Patel or a dozen others. But if Jinnah goes, who is there?”

AFTER JINNAH
• Khawaja Nazim-ud-Din stepped in as the new G-G.
• Members of Constituent Assembly gathered along ideological and regional lines.
• Some were conservatives; others supported a liberal view.
• Many questioned the status of Urdu as a national language.

How was the New State to Run: Constitution Making and its Challenges :
The primary political dilemmas included the following:
1. Nature of relationship between the state and religion: theocratic vs. secular state
2. Relationship between the executive and the legislature: Parliamentary vs. Presidential form
3. Distribution of seats in the legislature: parity vs. proportional representation
4. Distribution of power: strong center vs. autonomous provinces
5. National language: Urdu vs. Bengali
6. Method of elections: joint vs. separate electorates

Under the Indian Independence Act, the Constituent Assembly was given two separate functions: to
prepare a constitution and to act as the Federal Legislative Assembly of Pak.
Constituent Assembly = 69 members + 10 appointed by G.G
• In this mess, the Objective Resolution was passed in 1949 under the influence of
conservatives.
• Then on, religious clerics played an integral role in the political dynamics of the country.
Objective Resolution
⚫ 12 March 1949
⚫ Meant to provide a path and spirit of constitution. 'Aims and Objects of the Constitution'
⚫ laid the foundation of the Constitution and indicated the broad outlines of its structure.

Main features:

✓ The sovereignty of the entire Universe belongs to Allah alone, and 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.
✓ The state should exercise its powers through the chosen representatives.
✓ The Constitution of Pakistan should be framed by the Constituent Assembly.
✓ Principles of democracy, freedom, equality, tolerance, and social justice, as inshore by Islam.
✓ Muslims shall live their lives according to the teaching of the Quran and Sunnah
✓ Minorities can freely profess and practice their religion.
✓ Federal form of government with the maximum autonomy for the Units.
✓ Fundamental rights should be given to all the citizens of the state.
✓ Independence of judiciary should be guaranteed.
✓ The integrity of the territory and sovereignty of the state was to be safeguarded.

The Need for an Objectives Resolution

a. Balancing Spiritual and Material Dimensions of Life
b. Balancing Western and Islamic Political Principles
c. Preventing Pakistan from Becoming a Theocracy

Balancing Western and Islamic Political Principles:

• In the West, religion has no role in a democratic state and sovereignty lies with the people
whose general will is the law of the land without there being any limits on the general will.
• In Islam on other hand, the religion and state are not separate from one another and according
to Iqbal, the purpose of the state in Islam is to create a spiritual democracy.
• In Islam, sovereignty lies with Allah (SWT) and man is His vicegerent.

➢ Proposed Amendments and The Debate on Religious Minorities:

• Objective Res. generated a lively discussion. Non-Muslim members of the Constituent
Assembly, namely Bhupendra Kumar Datta, Professor Raj Kumar Chakravarty, and Birat
Chandra Mandal, raised many objections to the Resolution.
These members also moved many amendments:
1) “That the paragraph beginning with the words "Whereas sovereignty over the entire
universe..." and ending with the words "...is a sacred trust" be omitted:
2) 'That after the paragraph beginning with the words "This Constituent Assembly...", the
following new paragraphs be inserted: - "Wherein the national sovereignty belongs to the
people of Pakistan; Wherein, the principle of the state is government of the people, for the
people, and by the people".
3) 'That for the paragraph beginning with the words "Wherein the state shall exercise...", the
following paragraph be substituted: - "Wherein the elected representatives of the people shall
exercise their powers through such persons as are by law authorized to do so.”
4) 'That in the paragraph beginning with the words "Wherein the principles of democracy..." after
the words "as enunciated by Islam", the words "and other religions", be inserted.'
5) "Wherein the principles of democracy..." after the words "as enunciated by Islam", the words
"but not inconsistent with the Charter of the Fundamental Human Rights of the United
Nations Organization", be inserted:
6) for the words "Islam as set out in the Holy Quran and the Sunnah”, the words "their respective
religions" be substituted!

The Debate on Religious Minorities

The speech of Birat Chandra Mandal:

“Sir, I hear that ulemas are insisting on this principle of Islam. Are there not pandits in India who
could not insist on political thinkers of India to adopt such a 'constitution. Are there not Bishops
in England nor in America — or in any other country which is dominated by Christians on the
face of the globe, where these ulemas, I mean the Bishops, have voice.”

“Individuals might have religion, but the state has got no religion. So, in the interests of the state.”

So, I tell you again and again to ponder over this; Resolution before you finally adopt it.

Maulana Shabbir Ahmed Osmani expressed his views to support the Objectives Resolution as
under:

“Islam has never accepted the view that religion is a private affair between man and his creator.”
The late Quaid-e-Azam made the following observations in the letter he wrote to Gandhiji in August.
1944: ‘The Quran is a complete code of life. It provides guidance for all matters, religious or social,

civil, or criminal, military or penal, economic or commercial.”

At conclusion, all the amendments proposed by the non-Muslim members were rejected by the
House by ten against twenty-one.

EMERGENCE OF COMMUNAL FAULTLINES

• It is unfortunate that there was a division on the Resolution along communal lines.
• It might have sown the seeds of suspicion, alienation, and distrust among the minorities.
• It might have been prudent to accept some of the amendments proposed - passed by consensus.
• cannot be denied that some of the proposed amendments were quite reasonable.

Basic Principles and Other Important Committees

• to carry out its task of framing a constitution.

• The Basic Principles Committee set up three sub-committees:
1) Sub-committee on federal and provincial constitutions and distr. of powers.
2) Sub-committee on franchise (Election).
3) Sub-committee on the judiciary

On 28th September 1950, the BPC presented its interim report to the Constituent Assembly.

The salient features of 1st BPC Report:

1. Obj. Res. be made part of the constitution as directive principle of state policy.
2. The state of Pakistan was to be a federation.
3. The Bicameral Central Legislature - House of Unit = 100 members and a House of People =
400 members.
4. The Upper House - elected by the prov. leg. While the Lower House, by the people based
on adult franchise.
5. Tenure of both the Houses to be five years and both were to enjoy equal power.
6. Legislative power was to be divided into three lists:

1) The Federal list (comprising of 67 subjects)

2) The Provincial list (comprising of 35 items),

3) The Concurrent list of 37 items.

7. The residuary powers were vested in the center.

 8. The Head of the state - the authority to abrogate the constitution and issue ordinances.

9. Urdu was to be the state language.

10. The Supreme Court was the head of the judiciary - consist of the C.J. and 6 judges. And
High Courts for each province were to be established.

The reaction: proved counterproductive and was not conducive to success.

The crux of criticism:

Criticism by East Pakistan

➢ Peoples of East Pak severely criticized the report and strong protests were held.

⚫ East Pakistan was given an equal number of seats (principle of parity) in the Upper House, the
same as West Pakistan.
⚫ Overly Centralized govt. was not in favour of provinces - strong center with vast powers on
financial matters.
⚫ Moreover, Urdu as the national language and Bengali was nowhere in the constitutional arena.
⚫ Minorities have concern over some Islamic provisions.

➢ Ulemacracy!

✓ THIRTY-THREE Ulema “of various shades and opinions” disapproved BPC report.
✓ Demanded to set up Boards of Ulema in the Centre and the Provinces in order to advise
whether a particular Bill passed is “repugnant to the Holy Quran and the Sunnah”.
✓ They want the final right to veto any legislation.
✓ In other words, they are aiming at nothing short of theocracy.

➢ Ultimately, the Constituent, Assembly dropped the draft and sent it back to
the BPC.

The first Prime Minister of Pakistan was assassinated in October 1951.

• Khawaja Nazim-ud-Din became the new Prime Minister.

• Under his premiership, the Basic Principles Committee submitted its second report.
SECOND BPC REPORT

The prominent features of the report were:

• The Objective Resolution was adopted as a preamble.

• No legislation to be made against the Quran and Sunnah.
• The Head of the State shall be a Muslim.
• The formula gave weightage to the smaller units of West Pakistan.
• House of Units of 120, The East Bengal was to elect 60 members - proportional
representation.
• The House of People had real authority and comprised of 400 members, 200 from Each (WP
was divided into 9 units): Punjab (90) Sindh (30) North-West Frontier (25) Tribal areas (17)
Bahawalpur (13) Balochistan (5) Baloch States (5) Khairpur (4) Capital (11) total (200)

• Joint session for amendment.

• The second draft brought the principle of parity.
• Urdu and Bengali both were declared National languages.
• proposed the creation of the Ulema Board.

CRITICISM:

➢ this time criticism arose from Punjab which considered the federal formula to be defective.
demanded equal representation for various units and equal power for both Houses.
➢ Felt East Pakistan would easily dominate West Pakistan.
➢ Critics saw no logic in treating a single unit equal to all other unit put together and regarded
as violation of federalism principles, as is the case in America.
➢ Religious leaders were also still not satisfied, demand for the declaration of Ahmadis as non-
Muslims.
➢ In July 1952, All-Pakistan Muslim Parties Convention held at Lahore, a demand was put
forward for the removal of Ahmadis from the key posts including Zafarullah Khan who was
the Foreign Minister.
➢ They demanded to replace Quran and Sunnah with Islam from first provision.

An analysis of the second draft

1) The draft did not acknowledge in a democratic way the fact that East Bengal had a majority
of the total population of the country.
 2) It did not pay due respect to the fact that West Pakistan had a major part of the country's
territory.
3) By giving to the Upper House a composition identical to that of the Lower House, it made
the former a weak and reduced its utility.
4) The lack of a constitutional provision in case the two Houses were unable to resolve a
conflict in joint session.

Anti-Ahmadiyya Movement, Martial Law, and Dismissal of Nazimuddin's

Government:

• The Majlis-e-Ahrar initiated anti-Ahmadiya agitation in the Punjab.

The anti-Ahmadiya agitation and food shortages
• In early March 1953, anti-Ahmadiya riots erupted throughout Punjab.
• On 6 March 1953, Major General Azam, the Area Commander, imposed martial law in Lahore
and restored order in the city.
• General Ayub said, army would not allow the country to fall into anarchy.
• The situation for Nazimuddin further deteriorated due to slashing of defence budget by one
third because of stringent financial conditions.
• annoyed the military leaders and the stage was set for action against Nazimdin govt.

Dismissal of Nazimudin’s Govt BY G.G.

• Observing the grave situation, Nazimuddin considered appealing to the British Government
to recall the Governor General.
But he failed to take initiative in time and thus allowed Ghulam Muhammad to strike first.
• On 17 April 1953 he was summoned by Ghulam Muhammad along with his cabinet and
ordered to resign.
• When Nazimuddin declined, he was dismissed along with his cabinet.

However, the prime minister had nothing to do with that as it was a provincial matter.

The court revealed that the anti-Ahmadi movement was masterminded and financed by none but
the Punjab government itself, whose head Mumtaz Daultana thought that the resulting law and order

crisis in the country would destabilise Nazimuddin’s government and pave the way for his own
political ambitions to be realised.
THE MUNIR REPORT, 1954
• Court of Inquiry to investigate the causes of disturbances, the circumstances leading to the
imposition of martial law.

➢ The committee examined the viewpoints of all leading ulema in the country at that time.
➢ All the ulema were unanimous in their belief that the Ahmadis were kafirs (disbelievers)
and liable to the death penalty because apostasy.

• The committee also found from the interviews with leaders of various sects and schools of
Islam that they could not stand one another and called each other kafirs as well.

The Muhammad Ali Bogra Formula: Compromise Formula on Federal

Legislature:

➢ The principal task was to overcome the constitutional deadlock.

➢ M Ali Bogra worked hard and within six months, came out with a formula: Bogra formula.

The major features:

⚫ presented before the CA on 7 October 1953 and it was adopted by the CA after almost a whole
year, on 6 October 1954.

Main features of the formula were as follows:

1. Number of Units in the Federation of Pakistan: reduced the number of units of which the
western wing from 9 to 4.
2. Bicameral Central Legislature:
a. Upper House: the House of Units = total of 50 seats, to be divided equally among the
5 federating units of Pakistan.
b. Lower House: the House of People = 300 seats, out of which 165 seats were allotted
to East Pakistan and 135 seats were allotted to West Pakistan.
3. Joint Session: for the elections of the Head of State and for votes of confidence. also called
in case of a dispute between two houses of the central legislature. During a joint session, a
simple majority was required which includes at least 30% members of both wings.
4. East-West Power Sharing: the formula also said that if the President was from Pakistan’s
eastern wing, then the Prime Minster was to be from the western wing and vice versa.
5. Equal powers were to be extended to both Houses.
Other Important points:

• No government could be formed or continue in office at the centre and no controversial

measure could be passed unless it had at least thirty per cent of members from each
zone.
• In place of the Board of Ulemas, the Supreme Court was given the power to decide if a law was
in accordance with the basic teachings of the Holy Quran and Sunnah.

THE CONTROVERSY BETWEEN PROVINCIAL AUTONOMY AND A STRONG CENTER

➢ It is rather strange that demands for maximum autonomy came first from the largest

unit, namely East Pakistan. Unfortunately, this fear struck roots in East Pakistan.
➢ The United Front, which secured an overwhelming victory in the provincial election in

March 1954, was in favour of giving more powers to East Pakistan's provincial
government.
➢ best be administered in by the legislature in Dhaka rather than in Karachi.

Arguments in support of strong center:

➢ To overcome this mutual difficulty of the distance that separates the two wings, there was
no alternative but to provide for a strong central government.
➢ It was felt that a such a government was necessary to fight provincialism which had so
nearly succeeded in tearing the nation apart.
➢ They held that the only guarantee for a strong Pakistan was in a strong central government.

❖ British strategy in 1935 Indian Act:

• The powers might be distributed in one of two ways:
✓ The Federation of USA
✓ The Federation of Canada.
• The Government of India Act, 1935. (middle approach)
• The central government was given wide powers to manage defence, foreign affairs,
currency and banking, communications, foreign commerce, and scores of other subjects -
sixty-six items in the federal list.
• The provincial list included forty-eight items comprising such matters as law and order,
public health, education, agriculture, trade and commerce, and other subjects of local
interest.
 • The concurrent list was the smallest of the three lists and included relief and rehabilitation
of refugees, broadcasting and television, criminal law, civil procedure, welfare of labour,
and others.
The Resolution on National Language
• gave equal status to both, Urdu and Bengali.
• However, for a period of 20 years, the use of English as the official language of Pakistan
was to be continued.
Analysis of Muhammad Ali Bogra Formula
The formula was well received and finally accepted by the CA.
• Division of seats in the Upper House was based on the principle of parity - was done
keeping the geographical realities of the country in mind.
• West Pakistan which occupied 84% of the total area of Pakistan got 80% of the total seats in
the House of Units.
• Division of seats in the Lower House was based on the principle of proportional
representation, giving East Pakistan an absolute majority in the Lower House.
• With the Upper House having the power to stop any legislation unfavourable to West
Pakistan, and the Lower House having the power to stop any legislation unfavourable to
East Pakistan, frequent and regular delays in law making could be expected.
• And while this system of checks and balances was established within the legislature to
prevent the domination of any wing.

The formula sought to provide parity and the interdependence of the two.

Upper Lower Joint

House House Session

E. Pakistan 60 200 260

BPC
Report W. Pakistan 60* 200* 260

M. Ali E. Pakistan 10 165 175

Bogra W. Pakistan 40** 135* 175
Formula
DISSOLUTION OF THE CONSTITUENT ASSEMBLY AND PROCLAMATION OF STATE
OF EMERGENCY
CONTEXT:
• civil-military oligarchy positioned itself to decide the direction of the state.
• Bureaucrat Ghulam Mohammad, to the post of governor general.
• Another bureaucrat, Chaudhri Mohammad Ali, became the new finance minister.

Renowned social scientist Hamza Alavi aptly said that Pakistan in the first decade had two
governments; one, the visible one that comprised the political class and the parliament with
unstable political regimes, and the other the invisible government of the civil-military bureaucracy
that had amassed all important powers in its hands.

Context:

• Constitutional Assembly wanted to pass two bill to amend section 9, 10, 10A and 10B of
Indian Act 1935. The net result was to divest the GG powers to dismiss his ministers.
• Constituent Assembly did this to prevent the repetition of acts - Nazimuddin Cabinet 1953.
• It could be described as an important step towards the growth of parliamentary democracy.
• PRODA Repealed: Public and Representative Offices (Disqualification) Act of 1949 was
passed when Liaquat Ali Khan was the Prime Minister. The act allowed the government to
dismiss a person found guilty of misconduct.

The Governor General dissolved the assembly.

He announced an end to what he described as `parliamentary bickering'." He issued the following
proclamation.
“With deep regret, I come to the conclusion that the constitutional machinery has broken down. I
therefore have decided to declare a state of emergency throughout Pakistan, The Constituent Assembly
as at present constituted has lost the confidence of the people and can no longer function.”

• He has called upon the Prime Minister to reform the Cabinet.

The dissolution of the Constituent Assembly threw the country into chaos and confusion by
reviving old rivalries and reopening old controversies.

Sindh Chief Court’s Reversal of the Dissolution: Maulvi Tamizuddin Case

 Federal Court’s Reversal of Sindh Chief Court’s Decision in Maulvi Tamizuddin Case

The Second Constituent Assembly

⚫ Ghulam Muhammad instructed Muhammad Al Bogra, the Prime Minister, to form a Cabinet
which included Major-General Iskandar Mirza, Dr Khan Sahib, and General Mohammad Ayub
Khan, as defence minister.
This was the beginning of the army taking over civilian and beginning of the end of the
supremacy civilian over military power.

Draft Constitution

TOWARDS THE FIRST MARTIAL LAW

• Unfortunately, the 1956 Constitution which was framed after nine years of effort did not last longer
than two-and-a-half years. No general election was held under it.
➢ Chaudhri Mohammad Ali lost his premiership when he was compelled to support President
Mirza in creating the Republican Party.
➢ 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.

Suhrawardy's Ministry: September 1956 to October 1957

• Iskandar Mirza had agreed to having Suhrawardy as Prime Minister subject to three conditions;
✓ first, that there would not be any change in pro-western foreign policy;
✓ secondly, that army as an institution would be left intact; and
✓ thirdly, he would keep the left leaning Maulana Bhashani in control.

Suhrawardy accepted all the three conditions. But under threat of dismissal on one unit issue
between NA and establishment, Suhrawardy resigned.

Chundrigar's Ministry: October December 1957

✓ So Chundrigar had to resign - lasting only two months.
✓ No wonder, Nehru made his well known remark that he did not know with whom to talk in
Pakistan. He is reported to have said, `Pakistan changes its Prime ministers more frequently than I
change my pajamas.’

Noon's Ministry: December 1957 to October 1958

• He at that time was the leader of the Republicans in the National Assembly.
• His cabinet did not have adequate representation from East Pakistan.
• Suhrawardy exploited this situation by holding a constant threat to withdraw support from
the ruling coalition at the Centre.

POLITICAL COMMOTION:
• President Mirza sensing strong opposition became convinced that the general elections should be
postponed on one pretext or the other.
• These frequent changes in ministries in East Pakistan forced the Centre to proclaim emergency under
Article 193 of the 1956 Constitution and the government of the province was taken over by the federal
government.
• This lasted for about two months and on 25 August 1958 once again Awami League headed by Ata-ur-
Rahman was able to form ministry in East Pakistan.
• Awami League wanted to curtail the powers of the Speaker and on 20 September 1958 Shahid Ali, the
Deputy Speaker, made the announcement that a Awami League motion declaring the Speaker to be of
'unsound mind' had been carried.

• The members fought and grappled with one another and one of them hurled a paper weight which
caught the poor Deputy Speaker Shahid Ali in the head. He was so seriously wounded that he died a
few days later as a result of the injury.
• This incident was subsequently used as one of the reasons by Mirza and Ayub to impose martial
law and dismiss the Assemblies.

➢ On 6 October 1958 Khan of Kalat announced secession of Kalat from Pakistan as his
reaction to the establishment of the military bases in Balochistan. However, the Army put
down this revolt and was projecting itself as a saviour of the country.

In early morning hours of 8 October 1958 Mirza announced proclamation of martial law
throughout the country.

➢ Before doing that he met the American Ambassador and British High Commissioner and
some other envoys and informed them of his intention.

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.
• Pakistan, at this point, entered the first phase of its long night of military rule.

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