Constitutional and Political Development in Pakistan-1

Constitutional and political development in Pakistan-1
1- Critically discuss the Objectives Resolution ant its impacts on the

political and constitutional developments in Pakistan.
2- Explain the obstacles in the way of constitution making in the early
history of Pakistan(1947-1958)
3- Discuss the causes of political instability in Pakistan(1947-1958).
4- Explain the reasons of mistrust and distrust between East and West
Pakistan (1947-1958)
5-Point out the main features of 1956 constitution and indicate its flaws.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ __ _ ________________________________
Q1- Critically discuss the Objectives Resolution ant its impacts on the
political and constitutional developments in Pakistan.
Sol:
The Objectives Resolution (1949)
The Objectives Resolution 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.
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The Constituent Assembly (1947-54)
The first Constituent Assembly came into existence under Indian

Independence Act 1947. The elections were held in July 1946 to decide the
destiny of the All India Muslim League (AIML)’s claim that it is the only
representative party of the Indian Muslims that desire separate homeland, Pakistan.
The members from the districts that became part of Pakistan were declared
members of the Constituent Assembly. 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.
Features of the Objectives Resolution
1. Sovereignty 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.
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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 It’s
important that the Resolution promised the federating units for due powers,
autonomy and territorial integrity.
Objections by Non-Muslims
The major objection by the Non-Muslims was that the government was trying to
mix the religion and politics that was against the spirit of democracy.
The non-Muslims objected on the
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‘Sovereignty of Allah’ and minorities’ rights, saying it would promote
inequality in the society. They were also of view that Shariah was not adequate
for the modern time. They feared that it would encourage the religious extremists
to work for the establishment of a ‘theocratic state.’
Importance
The Objectives Resolution is a basic and primary document of the

constitutional history of Pakistan. It is a framework that provides mechanism
to achieve goals for a better life of the people of Pakistan. It’s important that it
embraces centrality of Islam to polity sustaining their links with the pre-
independence period. The AIML leaders were modernist Muslims not in favour of
an orthodox religious state. Therefore, they selected the middle way abiding by the
Islamic laws and the international democratic values. The Resolution remained
‘Preamble of all the constitutions due to its importance.
Q2- Explain the obstacles in the way of constitution making in the early
history of Pakistan(1947-1958)
Sol:
Constitution is a basic document which sets out the framework for governance and exercise of
power. It defines the powers of the institutions and sets out the relationship that exists between
different state institutions. It also describes the powers within which these institutions have to
work and what would be the nature of relationship of the individual with the state.
At the time of establishment of Pakistan an Interim constitution was introduced in Pakistan

which was a modified version of the India Act 1935.The task of framing the future constitution
was assigned to the CA of Pakistan that came into existence on Aug 1947.We will discuss that
what were the stages and what were the steps that were taken for framing the constitution of
Pakistan.
The whole process of constitution making started with the passing of the Objective Resolution.
The Objective Resolution which was passed in March 1949 outlined the basic principles and
foundations of the constitution. The principles that had to be kept in mind by the constituent
assembly of Pakistan while framing the constitution. In a way the Objective Resolution not only
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identifying the objectives, the goals they wanted to achieve it was also setting out the priorities
that had to be pursued.
Once the Objective Resolution was passed by the Constituent Assembly then the steps had to be
taken for the formulation of the constitution and the 1st step after the passing of the Objective
Resolution was to set up the BPC (a committee comprising the members of theca of
Pakistan).The strength of the BPC was fixed as 24.But the committee had to co-opt more
members if it needed but at least there were 24 members they were Muslims and non-Muslim
members and also women were the members of the BPC.Along with BPC some sub committees
were also set up primarily to assist the BPC.These sub committees were assigned some specific
tasks to deal with some specific issue and I can give you examples that one such committee dealt
with the issue of federalism. What kind of federal model Pakistan was to adopt, this sub
committee was to look into the matter and then report back to BPC.There were other sub
committees for example a committee on judiciary to look into the judicial set up that was to be
established in Pakistan. Another sub committee on fundamental rights the civil and political
rights that were to be given to the citizens of Pakistan and there was also a committee on the
minorities the non Muslims who were also the citizens of Pakistan.
So in this way there were a lot of sub committees I have given you some examples but there
were more sub committees than I have mentioned. So the BPC and the different sub committees
deliberated on different aspects of constitution making and then they prepare a report that is
called the BPC First report.
First Basic Principle Committee’s Report: 1950:
We are calling it 1st report because the BPC prepared more than one report so that we are calling
it 1st and 2nd report and so on so that we can identify the different efforts made by the BPC.So
the 1st report was presented to the constituent assembly in 1950 and this report outlined certain
broad and key principles, it was not framing the constitution, it was identifying certain broad
principles. That was to serve as the basis and foundations of the constitution.
Let me mention certain recommendations which the BPC, s 1st report of 1950 made so that you
have an idea about the kind of system they wanted to introduce in Pakistan.
1. First important recommendation by the BPC report was that the Objective Resolution would
be included in the constitution of Pakistan as the directive principles of policy as guideline of
policy making.
2. Another important recommendation was that the head of the state that was to be named as the
president was to be elected by the joint session of the parliament for five years; it means that a
person could hold the presidential office for five years. The president was given some
discretionary powers and certain other categories of power were recommended to be assigned to
the president. Although the authority was to be exercised by the PM.
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3. So for as the legislation was concerned the 1st report had recommended that there will be two
houses the upper house and the lower house and the principle recommended here for the
composition for the two houses was that the upper house all provincial units have equal
representation and in the case of lower house recommendation was to be given on the basis of
population, it means that if a province have more population it will have more representation and
in that case East Pakistan had more population than West Pakistan and it had more representation
in the lower house. So for as powers were concerned powers were equally divided between the
two houses that meant that both houses had same kind of powers
4. Cabinet and the PM were to be answerable to both houses of the parliament.
5. In this way it tried to provide certain basic principles, however this report was silent on the
issue of National Language what would be the National Language of Pakistan the report was
silent and it didn’t make any kind of recommendation.
Criticism:
When this report was presented to the Constituent Assembly there was criticism in the house and
outside the house one basic criticism was on the issue of representation which was an important
issue the constituent assembly had to deal with and here we see that on the question of
representation there was a criticism that if you provide equal representation to all the units of a
federation then the Western part had more representation because the western part had more
units and there was only one unit in East Bengal. So the feeling was that the Western part would
have more representation. Then there were couple of other issues that were raised in the
constituent assembly with reference to the 1st report. For example the issue of equal powers to
both houses the general principle is that the lower house has more powers and the upper house
has less powers that is the standard principle in the parliamentary system of govt but here both
houses had equal powers so this was criticized and then the issue of national language that it
should said something about national language.
Now keeping in view this criticism it was decided that the BPC will review the report in the light
of points raise and criticism in the constituent assembly. So the constituent assembly deliberated
on this so that the points raised in the constituent assembly and outside could be incorporated and
the report is made more acceptable to the representatives. So it reviewed the recommendations
and brought back the revised or the second report.
Second BPC Report 1952:
The 2nd report or the revised report generally followed the same principles but it tried to
accommodate the criticism made on the 1st report and I will give you just one or two examples
to illustrate my point that what kind of changes it made in the 1st report.
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One issue was the question of representation how should different provinces of Pakistan one
province in the Eastern wing and more than one province or the administrative units in the
Western part should be provided representation. So the 2nd report followed the principle of equal
representation to both wings of Pakistan.60 members from the Eastern wing and 60 members
from the Western wing or the Western part and then these 60 seats allocated to the western part
were further divided among the different provinces of the western part. The same principles
applied to the lower house 200 seats were given to the Western part and 200 seats for the Eastern
part and then again the western seats were further divided among various provinces also different
administrative units in the western part of Pakistan.
More powers were to be given to the lower house the house which represents the people that was
given more responsibility.
It also emphasized that in Pakistan law making would be n accordance with the principles of
Islam. This was in a way a reflection of the Objective Resolution where sovereignty over entire
universe had been assigned to Almighty Allah and it was to be exercised by the state
of Pakistan through the representatives of the people within the limits prescribed by Him and
there would be no law which violates the principles and teachings of Islam.
In order to facilitate that it was also decided that an advisory board comprised of 5 religious
scholars was constituted who would advise on the matter of law making in accordance with the
principles and teachings of Islam.
2nd report was also silent on the issue of national language. However it definitely accommodated
some demands, the issue of representation the fear that the East Pakistan would dominate West
Pakistan was care off.
Criticism:
However there was criticism that why equal representation. In the case of the 1st report some
were saying equality and here some were saying why equality had been created. But the
2ndreport accommodated the issues that were raised in the 1st report. This report was declared
against the principles of federation. The West Pakistan favored equality only for upper house.
While the report was being discuss there was a political crises in Pakistan.PM Nazimuddine was
removed from his office due to this crises and the new PM Ch.Muhammed Ali became the new
PM.
Third Report (Muhammad Ali Bogra Formula) 1953:
Ch.Muhammad Ali and his team deliberated on all the issues and prepared a report which s
called as 3rd report but generally in Pakistani history it is called as The Muhammad Ali
Formulabecause MAB was the PM and under his leadership a new set of proposals was prepared
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which he represented to the Constituent assembly and therefore it is generally describe as the
Muhammad Ali Formula for the constitution making.
This formula was presented in October 1953 revised the original proposals in the lights of the
comments and criticism and it adopted a novel procedure for providing representation to
different units of Pakistan. It decided that in the case of upper house there will be equal
representation to all the units of Pakistan and for this purpose Pakistan was divided into five
units’ one unit was East Pakistan and four units were in West Pakistan and each unit was given
equal representation it means that in the upper house 10 members were from Eastern part and 40
members were to come from the four units of West Pakistan.
In the lower house more representation was given to Eastern part because that had more
population than the western part. So according to this formula 165 seats were given to East
Pakistan and from the western part the strength of the members was 135 and this was the
application of principle of representation on the basis of population. So in this case the standard
principle of federalism was followed that is in the upper house the units of federation were given
equal representation and in the lower house the units are represented on the basis of population.
However there s a unique feature here although the standard principle of federalism is followed
but whenever the parliament met in a joint session there was parity or equality between the two
wings of Pakistan. Let me explain this in the case of Eastern Pakistan it had 10 members in the
upper house and 165 in the lower house the total were 175.In the case of Western Part there were
4 units each sending 10 members and total 40 members and in the in the lower house West
Pakistan was to send 135 members and total members from West Pakistan were 175, So it is the
principle pf parity or equality when the parliament meet in a joint session.
There was another provision provided in this formula that although decisions were to be made by
the majority vote but this decision could not be effective unless at least 30% of members from
both zones vote in favour of this, So 30% members from both wings are required to have
majority for any law making. In this way this proposal incorporated the principle of parity with
inter dependence. Parity in a sense that in case of joint session both wings have equal
representation.Inter dependence that 30% member from both wings are included in the required
majority for any law making. So in other words one wing could not get it away what it wanted, it
had to seek the support of the other side, so parity and interdependence are built in the system
through this proposal.
Criticism:
This proposal provided for equal powers to both houses and they could also take up issues in
joint session. This proposal was received with greater welcome however there was some
criticism. There were certain points mentioned here by the members were, one issue was that it
was providing for unreasonably complex process. You divide Western part into four units and
Eastern part in one unit then the allocation of seats that is to be done parity at the joint session
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level and then 30% clause, so some people were saying and some newspapers were writing
articles that this would become a complicated process. But generally this proposal was accepted
although there was criticism over here and there in the parliament and outside the parliament.
Another issue that attracted some criticism was the issue of equal powers to both houses and
some people were saying that since the lower house represents the people therefore lower house
should have more powers but in this proposal both houses were given equal powers. Another
significant measure during this period which facilitated the constitution making was the
settlement of the language issue. In 1954 he Constituent Assembly of Pakistan decided that the
Bengali and Urdu would be the national languages of Pakistan. This decision facilitated the
constitution making process.
The acceptance of two languages helped to defuse the controversies that had emerged in
constitution making. In this way this issue amicably settled to the satisfaction of most political
leaders and political parties.
After this the Constituent Assembly devoted itself toward the making of the constitution and the
drafting of the constitution started that is by the summer of 1954 all the basic principles had been
agreed to by the CA and drafting had started and in fact by October 1954 good part of the
constitution had been drafted by the committee or group of people ,constitutional experts, legal
experts who were drafting the constitution, and it was assumed that very shortly the draft
constitution would be presented to the constituent assembly that would deliberate on it discuss
the draft and make changes if required and ultimately the constitution would be approved and it
was expected that very soon Pakistan would have its own constitution.
However a sudden development in the same month October 1954 created a situation that delayed
constitution making and that development was on 24 October 1954 GG Ghulam Muhammad
decided to dissolve the CA of Pakistan exercising his powers as the GG.He argued that the CA of
Pakistan had been dealing with the constitution for a long time, that the CA came into existence
on Aug 1947 and this was Oct 1954 and his argument was that this CA was not able to make the
constitution and it had make the constitution making a perpetual process therefore he could use
his powers to dissolve the CA,that mean that the whole effort to make the constitution came into
a standstill. Dissolution of the CA also meant that the govt of PM Muhammad Ali Bogra came to
an end but the GG asked him to set up a new govt which included some old ministers and some
new ministers and in this way constitution making was delayed.
One result of this dissolution of the CA of Pakistan by the GG was that this matter was taken to
the superior judiciary foe adjudication; the president of the CA at that time Maulvi Tameezuddin
moved the case first to Sind chief court and then to the federal court of Pakistan and this was
known as the Tameezuddin case. This legal and constitutional battle in the Sind chief court and
then in the federal court went on for several months and the federal court through various
judgments which it gave from time to time and also through its advisory opinion which the
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federal court gave to the GG during the same period the ultimate decision or the resolution was
that the GG was able to get a away with the dissolution of the CA of Pakistan but the federal
court directed that the new CA will have to be elected.
GG could not nominate anybody but it had to be elected therefore by keeping in view the
judgment of the federal court and the advisory opinion of the federal court the govt of Pakistan
decided to hold new elections for the 2nd CA.These elections were indirect that were held in
June and July 1955 and the 2nd CA started its session in July 1955.In the case of 2nd CA two
things were different from the 1st CA.In the 1st CA the ML was the majority party while in the
2nd CA no political party had an absolute majority and in the case of 2nd CA the membership
was 80 out of which 40 from East and 40 from West Pakistan so in a way it was a principle of
equality and parity.
The 2nd CA took up on its task of framing the constitution of Pakistan and in order to deal with
this issue the 2nd CA did not start from the beginning, it could make use of all the work done by
the earlier CA.It was in a way building on what the 1st CA had done. The important step taken
by the 2nd CA was the integration of the province of West Pakistan and it is also known as the
One Unit Scheme for Western Pakistan. In the case of West Pakistan there were 3 provinces,
Balouchistan was not a full province but a different administrative unit, other than these 4 major
units there were princely states, what was done in 1955 that all these administrative units in the
West Pakistan were integrated into the province of West Pakistan.
Smaller administrative units were abolished all the provinces and units in West Pakistan lost
their separate identity and were integrated into West Pakistan. So this is or what is called as the
One Unit Scheme for West Pakistan and because of this there were only two provinces in
Pakistan East Pakistan and the West Pakistan and in this way the issue of representation was
resolved, although in the smaller provinces and units of West Pakistan there was criticism of
setting up of this integrated province of West Pakistan.
Nevertheless, this integration in the constitution making process in Pakistan and after that the CA
began to deal with the constitution, it discuss the constitution and the draft of the constitution
was released for the CA and for the public at large on 8th January 1956 that is the draft text of
the constitution. This text was discussed in the CA, outside the CA and then the CA approved the
constitution on 29th Feb 1956.The next stage in the making of the constitution was the approval
of the constitution by the GG of Pakistan, that is his signatures were required and at that time
Sikander Mirza was the GG of Pakistan and on March 2nd ha signed the constitution that has
been approved by the CA and in this way it became the constitution of Pakistan. This
constitution was enforced on 23rd March 1956 and it replaced the Interim Constitution of
Pakistan that was introduced in Pakistan in Aug 1947.In this way the long run effort to make the
constitution of Pakistan was successful in giving this country a constitution of its own which
became operative on 23rd March 1956.
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3- Discuss the causes of political instability in Pakistan(1947-1958).
Sol:
The Political Stability of Pakistan

AFTER MORE THAN eight years of independence Pakistan still exists. This has
been a major accomplishment, and it is one that dwarfs the record of instability,
intrigue and inefficiency that has been charac- teristic of many aspects of her
political life. The country has not broken in two; it has not fallen into the hands of
religious fanatics; and it has not collapsed under pressures of bankruptcy and
starvation. These facts must be set beside the forebodings of many outside
observers in 1947, as well as measured against the extravagant hopes and
prophecies of the founders of Pakistan. It must always be remembered that
Pakistan began to live an independent existence under the most unfavorable
circumstances. Many of the larger provinces of India were almost unaffected by
partition. But Sind and the North-West Frontier Province were the only whole
provinces that fell to Pakistan and these were small and relatively backward.
Bengal was divided and the eastern section was severed from Calcutta, which had
dominated its economic and cultural life. The Punjab was submerged by a wave of
murder, arson and rioting which resulted in a desperate and pitiful migration of
millions of homeless people. The main cities of the sub-continent, the centres of
industry, commerce and government were denied to Pakistan. That country, whose
two halves were separated by a thousand miles of alien territory, had to improvise
a system of commerce and communications and to create a new central
government and new armed forces. Lahore was in flames, Karachi was
unbelievably overcrowded with refugees, Dacca was a small country town trying
to behave like the capital of a province of over forty million inhabitants. For a new
nation, born under such conditions, survival is certainly a source of legitimate
pride. In I947, in spite of these natural obstacles, the country was politically united
and, to a certain degree, disciplined and well-organized. The following eight
years were to see much of this unity disappear and to demonstrate that the main
danger to Pakistan was political disruption rather than physical, economic or
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administrative weaknesses Mr. Jinnah-the Qaid-i-Azam-had led his people to
victory and for a few months he seemed to be showing them how that victory could
be consolidated and enlarged. But it was apparent that he was aging and a sick
man. A little more than a year after independence he was dead. Liaquat Ali Khan,
his political heir, was an able man but never capable of exercising that
commanding personal authority that had made Mr. Jinnah virtually a constitutional
dictator. The first crisis of survival had been passed but little progress was made
toward the reor- ganisation of the state on a stable and permanent basis. In i95i
Liaquat Ali was assassinated by an Afghan fanatic and, on this occasion, there was
no heir-apparent. The Governor-General, Khwaja Nazimuddin, became Prime
Minis- ter and Ghulam Mohammad, the former Finance Minister, replaced him as
Governor-General. Nazimuddin had been a political figure of great influence in
Bengal but he was not well-known in West Pakistan. Ghulam Mohammad had
been a civil servant and had had little experi- ence as a political leader. By this
time all national sense of political direc- tion and purpose seemed to have been
lost. The attempt to write a constitution had degenerated into a search for a series
of hastily-impro- vised compromises which the participants were prepared to
disown as soon as opportunity offered. The nation's economy was severely affected
by the decline in prices of raw materials at the end of the Korean fighting. There
was a food shortage and a scarcity of manufactured products. To make matters
worse, provincial politicians were stirring up violence and discord over large areas
of the country. And the government at Karachi seemed willing to agree to any
compromise that offered a few days or weeks of surface tranquillity. The
Governor-General therefore dismissed his Prime Minister and replaced him by
Mohammed Ali, formerly ambassador to the United States. For a brief period it
appeared that progress toward a constitution might be speeded up, but the struggle
for immediate political power forced long-term considerations into the
background. In October 1954 the Governor-General dismissed the Constituent
Assembly on the grounds that "the Constituent Assembly as at present constituted
has lost the confidence of the people and can no longer function."1 Thus after
seven years Pakistan had no constitution, no central legislature and no prospect of
a national election The situation in the provinces was equally unsatisfactory. Each
province had held one election on the basis of an adult franchise. But three of the
four provinces had suffered the suspension of parliamentary government for
considerable periods.2 Also between 1947 and i955 a whole series of provincial
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ministries had been dismissed on the orders of the central government.3 When the
Constituent Assembly was dismissed, the Governor-Gen- eral strengthened his
cabinet by the inclusion of opposition leaders and such men as the Commander-in-
Chief of the Army and Major-General Iskander Mirza. It seemed as though
parliamentary institutions were to be laid aside, at least until a new constitution had
been adopted. The Governor-General went so far as to declare that he might make
constitutional provisions by executive order.4 However the validity of his actions
was challenged in the courts. The Federal Court gave qualified approval to the
dismissal of the Assembly but insisted that new constitutional legislation could
proceed only from a new Assembly. Accord- ingly the second Constituent
Assembly was chosen, each provincial Legislative Assembly selecting its share of
the members. This new body began work in July i955. Shortly afterward the
government was once more reorganized, with Chaudhri Mohammad Ali replacing
Moham- med Ali as Prime Minister. The preceding paragraphs have given a highly
simplified outline of political events in Pakistan. But they do not explain those
events and throw little light on the issues at stake or the nature of the groups which
were participating in the struggle for power. Such explanations are not easy, for
political activity in Pakistan has taken place mainly behind closed doors and most
issues have been concealed rather than openly debated. Before August i947 the one
issue that had driven all others from the field was to be for or against Pakistan. It
was irrelevant to argue about future policies for a state that had no boundaries and
no resources and which might never come into existence. With independence and
partition a whole new series of problems arose and the former set of political
ideas could not be used to provide the solution. The struggle for Pakistan had
provided a basis of unity for many groups and classes of Muslims Some were
concerned mainly with their fears of Hindu domination in an independent united
India; others hoped to re-create the glories of classical Islamic power. But no group
had any clear conception of how the state of Pakistan was to be organised and what
policies it should pursue. The Muslim League had fought for Pakistan against the
Congress and the British, and its struggle had proved victorious. Pakistan and the
League seemed to be equivalent terms; the state and the party seemed on a par. Mr.
Jinnah's sister still held such a view seven years after independence: "I say to you,
support the Muslim League, because the League alone won Pakistan and can serve
and consolidate Pakistan. The League may not be perfect but it is the only
organised party of Muslims, while other bodies are of recent origin. Don't oppose
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the League but come into it and remove its defects. If you destroy the League you
destroy Pakistan."5 The League was the party of Pakistan and its principal
opponent was, of course, the Indian National Congress. With partition the main
purpose of its existence had been accomplished. All other parties had been
discredited. Many of the leaders and also the rank-and- file of the Congress had
fled to India. To have opposed the League in I946-47 was almost the same as being
a traitor to Pakistan in i947-8. In the Constituent Assembly and all the provincial
legislatures the League had overwhelming majorities. The main opposition came
from the Hindus and they could never hope to turn out the government. Non-
League Muslims were hard to find and were not anxious to draw attention to
themselves. Thus the League, having almost no open political enemies to fight,
was faced with the problem of dividing the spoils of office among its adherents. It
seemed that the League, if it could hold together, would be assured of power for a
generation without any need to maintain popular interest and support. Ambitious
politicians decided that all that was necessary to obtain power and influence was to
control local branches of the League. Party organizers either refused to enrol any
primary members, or they confined the membership to those who would give them
unquestioning support. Elections were not considered to be a major risk-with the
prestige of the party that won Pakistan, the magic of the name of the Qaid-i-Azam
and the coercive power of government, most elections could be "managed." At the
national level control of the League was in the hands of the party leader who
nominated most of the members of his Working Com- mittee. The leader was
normally the Prime Minister and, in this capac- ity, he had to maintain the support
of the Parliamentary Party. When Nazimuddin was dismissed as Prime Minister he
was also replaced as party leader (though after a delay of some months) by
Mohammed Ali. In i955 the Parliamentary Party declined to re-elect Mohammed
Ali as its leader and his resignation both as Prime Minister and as leader of the
national party followed. The conflict within the Parliamentary Party, which
ultimately brought about the dissolution of the Assembly, did not assume major
importance until after the death of Liaquat Ali. The original cabinet had been
chosen by Mr. Jinnah and was inherited, with a few changes, by Liaquat Ali and
Nazimuddin. It was designed to give a balance of sectional interests and, under
strong leadership, it was capable of working as a team. Nazimuddin was a man of
integrity and goodwill, but not of commanding authority. He preferred to
temporize rather than to take firm action. When the Governor-General intervened
14
to dismiss him, no less than half the cabinet showed their support of the dismissal
by entering the new administration. Nazimuddin and other formerly powerful
ministers remained in the Assembly and in the League, but it is not surprising that
their loyalty to the new government could not be relied upon. Meanwhile the
League organisation in the provinces had virtually resolved itself into a chaotic
tangle of small factions, each attached more to a person or an interest rather than
representing a policy. In the Punjab, in spite of an overwhelming victory for the
League in the elections of i95i, no Chief Minister could be certain that he could
carry his party with him. Mamdot gave way to Daultana, who was replaced by
Noon, who was replaced by Dasti. In no case was the change the result of a
decision at the polls or a vote on the floor of the House. In Sind one League
ministry succeeded another with bewildering rapidity, -Khuhro, Pir Ilahi Bakhsh,
Kazi Fazlullah, Khuhro, Pirzada, Khuhro. At no stage has the power of the
politicians rested upon solid elec- toral support. Each ministry has been forced to
negotiate with blocs of votes in the Assembly before it could be sure of its majority
on any issue. No decision could ever be regarded as final. If a disappointed
politician failed to receive what he regarded as his due he would either vote against
the ministry at a party meeting or move into open opposition. Thus Mamdot,
having been deposed as Chief Minister, contested 9 the Punjab elections as an
opposition leader. When circumstances changed he, with half the opposition
behind him, crossed the floor once more and rejoined the government's supporters.
When Feroz Khan Noon was dismissed as Chief Minister, he and some of his
friends suc- cessfully fought against the official League candidates for election to
the second Constituent Assembly. Mr. Khuhro, claiming to be the true President of
the Sind Muslim League, fought the provincial elections with a party of his own
creation. But this did not prevent his subsequent return to office as Chief Minister
at the head of a League ministry. It cannot be stated too strongly that at every stage
party loyalties in Pakis- tan have proved completely unreliable. A mixture of
patronage and coercion has succeeded in reducing the status of most members of
legislatures to that of puppets who can be manipulated at will by those who have
power and money. The legislatures, central and provincial, have not been permitted
to take a very exalted view of their place. Those of the Punjab, Sind and East
Bengal were each arbitrarily suspended by act of the executive for periods as long
as eighteen months. And the Constituent Assembly was at last abruptly told that it
"could no longer function." Major decisions were not reached in the legislatures
15
and often they were not seriously discussed. In April I953 the Governor-General
dismissed his Prime Minister in spite of the fact that Nazimuddin had received the
clear support of the Assembly during the recently concluded budget session. It
might have been supposed that the new ministry would submit itself to the
Assembly for a vote of confidence, but it was six months before a new session was
summoned and by then the government's power had been sufficiently consolidated
to enable it to avoid any debate on the change of administration. The major
decisions in framing the constitution also took place outside the House. Thus the
compromises on the language question and on representation were both the result
of dis- cussions between the central and provincial leaders of the Muslim League.
Until i954 the League had been in virtually unchallenged control of both levels of
government. The main opposition party, the Awami League, had been founded in
i949 and was unrepresented in the Con- stituent Assembly. It contested the three
provincial elections in West Pakistan but was unable to gain more than a handful
of seats. The leader of the party, Mr. H. S. Suhrawardy, explained this failure by
declaring: "The elections [in the Punjab] were a farce; intimidatio and coercion,
fraud and manipulation of ballot boxes were practised on an unprecedented
scale."6 In East Bengal the situation was markedly different. The Muslim League
government under Nazimuddin and later Nurul Amin had, for the most part,
maintained its unity. But it had not maintained its popularity and, rather than face
the electorate it caused the term of the provincial Assembly to be extended by the
Constituent Assembly' and left as many as thirty-four vacancies rather than risk by-
elections.8 But voting could not be indefinitely postponed and, in March I954, the
Muslim League was virtually annihilated as a political force in East Bengal. The
victors were a loose coalition called the United Front, made up of the Awami
League, the Krishak Sramik Party (led by Fazlul Huq), the Nizam-e-Islam Party
and a few smaller groups. They issued a 2i-point manifesto which managed to
promise something to every- body, and they were united by a shared dislike of the
former provincial government and a common desire to achieve greater autonomy
for East Bengal. It was not surprising that this coalition, having totally van-
quished its opponent, should itself show signs of disintegration. Accord- ingly the
Awami League moved into opposition both in East Bengal and in the second
Constituent Assembly (where the government of August i955 was composed of a
combination of the Muslim League and the remaining elements of the United
Front). This split has had the salutary consequence of providing a vigorous
16
opposition under a leader with a nation-wide reputation. But it has not helped to
clarify the alternative policies which face the country. The Awami League tends to
speak in a more radical tone than the Muslim League, but this may be little more
than the natural impatience of those who are unfettered by responsibility for
administration. The Manifesto of the party proposes the "abolition of the system of
landlordism," and suggests that holdings should be limited to 250 acres of irrigated
land.9 Yet there is no general approval of socialism, for it is also proposed that
"there shall be as little State interference in trade and business as possible." The
Krishak Sramik Party, which is now the main component of the United Front,
centres on a man rather than a policy. The man is A. K. Fazul Huq, an
octogenarian with more than half a century of political activity behind him. He led
a Bengal political party of his own before partition but had moved in and out of the
Muslim League whenever the tactical situation seemed appropriate. He was the
mover of the Lahore Resolution of i940 by which the League adopted Pakistan as
its political goal. Because of his apparent separatist ambitions the federal Prime
Minister called him a traitor to Pakistan in I9541" but this did not prevent his
inclusion in the federal cabinet in i955. The general pattern of the politics of
Pakistan has been for individual leaders to attempt to establish their personal
ascendancy, while those who are left out of office or become disappointed with
their share of the power and prestige, join together in a temporary alliance to
dislodge the ministry. Thus no basis for a lasting consolidation of political groups
has emerged or seems likely to emerge. In part this is because many politicians are
incapable of taking a long-term view based on a compre- hensive appraisal of
national needs. This, however, has been true of the formative stages of most
democratic political systems. There is another reason why matters of policy have
been subordi- nated to issues of personality. The more intelligent politicians have
been reluctant to initiate public debate on some fundamental matters, partly
because their own minds are in doubt and partly because they feel that public
dispute would divide the country perhaps beyond the possibility of reconciliation.
There are two major issues in this category: the nature of the federal system to be
adopted and the role of Islam in the state of Pakistan. At the time of partition,
Pakistan was made up of four Governor's provinces (East Bengal, West Punjab,
Sind and the North-West Fron- tier Province), one Chief Commissioner's province
(British Baluchi- stan), and ten princely states (Bahawalpur, Khairpur and eight
others)." The main division of the country, in every sense, was between East and
17
West. East Bengal contained 56 per cent of the population, nearly all of whom
spoke Bengali. There was a general feeling that East Bengal had been doubly
oppressed, by British rule from Delhi and by Hindu domination from Calcutta. To
the Bengalis, Pakistan meant substantial autonomy for Muslim Bengal. The
Lahore Resolution of the Muslim League had stated that Pakistan would be a state,
"in which the constituent units shall be autonomous and sovereign."' But the
imperative need for strong central executive authority in the early months of
independence led to greater centralization rather than autonomy. This drew many
protests from all elements of Bengali opinion. The Chief Minister of East Bengal
gave his own view when he referred to, ". . . the anxiety on the part of the Central
Government to encroach on every field of provincial activities.. .. I consider this to
be the most unsound and short-sighted policy. The provinces must be allowed to
enjoy the full autonomous position, must be as free from the Central Government
as it is thought practical. But particularly this province of East Bengal which is so
far flung from the capital of the Central Gov- ernment must enjoy the fullest
autonomy.""13 The Central Government, however, was armed with such great
power (executive, military and financial) that, apart from protest, there was little
that the provincial ministry could do. Its position was the more difficult since it
was a Muslim League government and its Chief Minister was a member of the
controlling group in the Constituent Assembly. Thus, while it recorded
dissatisfaction in Dacca, it seemed to be aiding and supporting the centralizers in
Karachi. This provided a major chance for attack by opponents within the
province. The most significant item in the 2-point manifesto of the United Front
was the following: "i9. Secure all subjects, including residuary powers, except
Defence, Foreign Affairs and Currency, for East Bengal, which shall be fully
autonomous and sovereign as envisaged in the historic Lahore Resolution, and
establish Naval headquarters and ordnance factory in East Bengal so as to make it
militarily self-sufficient."'14 After the United Front had won the elections of 1954,
the Central Government delayed less than two months before dismissing it, largely
on the ground that its conduct was tending to disrupt the unity of Pakistan."5 One
of the most bitter grievances of the Bengalis has been the apparent attempt of the
West Pakistanis to impose Urdu as the national language. Article i20 of the i950
draft constitution" stated brusquely: "Urdu should be the national language of the
State." Pakistan's first Prime Minister left no doubt that this policy had his strong
support: "Pakistan is a Muslim State and it must have as its lingua franca the
18
language of the Muslim nation.... [The Hindu mover of the resolution] should
realize that Pakistan has been created because of the demand of a hundred million
Muslims in this sub-continent and the language of a hundred million Muslims is
Urdu. ... It is necessary for a nation to have one language and that language can
only be Urdu and no other language".17 Since, in Pakistan, 56 per cent of the
population speaks Bengali, 7.3 per cent Urdu and 29 per cent Punjabi,"8 the
Bengalis felt that this line of argument was not altogether convincing. After the
elections had revealed the depth of feeling in Bengal, a compromise was reached in
May I954 so that both the I954 and i956 draft constitutions recognize the official
status of Urdu and Bengali. But by this time the language issue had engendered a
degree of bitterness and suspicion that will not easily disappear. Another cause of
East-West friction, on which a compromise solution was finally reached,
concerned the balance of legislative representation of the two wings under the
new constitution. West Pakistan was categorically opposed to permitting the
Bengalis (including ten million Hindus) to enjoy a majority of votes. The Bengalis
were equally hostile to the proposition that their majority by population should be
reduced to a minority of seats. The first compromise, known as the Mohammed Ali
formula, involved a complex scheme of weighted representation in the two Houses
by which either wing, if substantially united, could prevent the acceptance of any
measure which it strongly opposed. The unification of West Pakistan in I955
removed the basis of this compromise and the i956 draft constitution provides for
a single chamber with equal representation for East and West. It can be shown
beyond all doubt that the people of East Bengal want substantial autonomy. They
want a larger share of capital invest- ment and of the proceeds in foreign exchange
from the sale of their jute crop. They want more Bengalis in high positions in the
civil service and the armed forces. And they want complete cultural autonomy.
This does not mean that they are demanding the severance of all ties with West
Pakistan. East Bengal would not be able to exist as an independent state. It lacks
the resources of industry, commerce, education and wealth to do without outside
assistance. The leading elements in almost every sphere of life would have nothing
to gain by re-union with West (Indian) Bengal. This would be to re-establish the
hegemony of Cal- cutta and of Hindu businessmen. The most serious cause of
stress within the federal structure has been that between East and West. But within
West Pakistan there have also been causes of friction. The Punjab was the largest
and wealthiest province and the smaller units, especially the Frontier Province and
19
Sind, feared the increasing dominance of Punjabi influence over their concerns.
The smaller and poorer of the units, such as Baluchistan and the states of the
Frontier and Baluchistan, were not equipped with the resources to maintain full
provincial governments. Even the Frontier Province, which was proud of its
independence and its own culture, had to rely upon special Central Government
grants to meet its deficit. After the first Constituent Assembly had been dissolved,
the Central Government announced its intention of merging all the provinces and
states of West Pakistan into one unit. In spite of some opposition from provincial
governments (those of Pirzada in Sind and Rashid in the Northwest Frontier
Province were dismissed on this question), the second Constituent Assembly
adopted this policy and the new province of West Pakistan came into existence in
October i95519 This reduces the problem of federalism to its simplest form; that is,
to balance East and West Pakistan in such a way that neither will be in a position to
coerce the other. The other great issue which many politicians have been unwilling
to face clearly is that of deciding what is the proper role of Islam in Paki- stan.
Pakistan was founded so that Muslims should be able to build a state of their own.
But is this to be an Islamic state and, if so, what does this term signify? These are
questions that have been discussed at great length. But, somehow, the participants
in the discussion seem to operate on different planes. The professional politicians
are, for the most part, trained in Western law, logic and institutions. On public
issues they think in the English language and their arguments are derived from the
Western political tradition. They are Muslims, but they have largely separated their
religious and political thoughts. This is the approach of Mr. A. K. Brohi, who was
Law Minister in I953-54:
if there be any clear and direct statement in the Quran as to what our constitution
should be like, then of course it has got to be followed...." I have never said that I
do not want Islamic constitution in this country: all I have said is that having
regard to the accepted notion of what consitu- tional law is, it is not possible to
derive from the text of the Quran any clear statement as to the actual content of the
constitution of any State.2" Another leading member of the Constituent Assembly,
Sardar Abdur Rab Khan Nishtar, took much the same view: Any law which is
against Quran, of course, will be void, but any law which deals with that sphere of
life which has been left to the discretion of the people by the Quran, and such
matter covers 95 per cent of affairs will not be void.22 Such men as these, most of
20
them lawyers by profession, seemed to start from the principles of British
constitutional law and to modify them to the limited extent that the inescapable
commands of Allah seemed to require. On the other side of the argument, and a
side only partially represented in the Constituent Assemblies, were the men
learned in Divine law-the ulema. These had been trained in Arabic and Urdu and,
if they spoke English at all, did not use it as the vehicle of their thinking. They
began with the Quran, the Sunnah and the corpus of Islamic law and tried to derive
a constitution from those sources. Our law is complete and merely requires
interpretation by those who are experts in it. According to my belief no question
can arise the law relating to which cannot be discovered from the Qur'an or the
hadith.23 Some supporters of this view wanted to re-establish the political institu-
tions of the Prophet and his immediate successors. They [the people] expected that
the constitution would neither be of the type of Britain nor of America but would
be the same i3 centuries old constitution of ours-the Constitution of Medina.24
Behind both these groups stands the mass of the people, largely uneducated in
either the Western or the traditional manner. Arguments concerning the niceties of
cabinet responsibility are to them as unintelli- gible as those concerning the finer
points of the doctrine of ijtihad. But they will respond to the cry of "Islam in
danger." The insurrection and violence in West Pakistan early in 195325 were
caused by the belief, assiduously fanned by political agitators, that a supposed
heretical sect was undermining the true faith and offering an insult to the Holy
Prophet. So far, it cannot be said that either the lawyer-politicians or the ulema
have succeeded in convincing large numbers of their uneducated compatriots of the
rightness of their views. But the existence of the mass of common men does
impose upon each side limits to the range of its proposals. It is significant that no
prominent public figure (with the possible exception of General Iskander Mirza)
has ventured to suggest the separation of religion and politics along the normal
lines of Western practice. It has been the Western-educated who have ruled
Pakistan in its early years. The same group has been predominant in the
Constituent Assemblies which have produced the successive drafts of the constitu-
tion. The Objectives Resolution, adopted in I949, pledged fundamental adherence
to Islam. Whereas sovereignty over the entire Universe belongs to Allah Almighty
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 first version of the constitution (i950) contained little of institu- tional
21
importance that could be described as Islamic. However the pub- lication of this
document aroused a considerable degree of protest and the draft was substantially
amended after consultation with the Board of Talimaa-i-Islamia.26 In its later
versions (I954 and i956), the draft constitution contains a number of Islamic
provisions. These, inter alia, propose that Pakistan shall be called an Islamic
Republic; that the Presi- dent must be a Muslim; that steps shall be taken to enable
Muslims to order their lives according to the Quran and Sunnah; and that no law
shall be passed which is repugnant to the Quran and Sunnah. This last provision is
to affect only future laws and will not operate to invalidate any existing statute.
Under the i952 draft this repugnancy clause was to be administered by a board of
doctors of Islamic law but the 1954 ver sion left its enforcement to the Supreme
Court. The latest draft makes this section binding only upon the consciences of the
legislators and does not permit suspect legislation to be challenged. However, a
Com- mission is to be set up to prepare (for the guidance of lawmakers) draft
Islamic laws and proposals for the modification of existing laws to bring them into
conformity with the tenets of Islam. There would be general agreement among all
Muslim leaders, on grounds of conviction as well as political expediency, that the
state should be conducted in accordance with the principles of Islam. But for many
the requirements of Islam can be met without departing from the practice of
democracy as that term is understood in the West. Yet it must never be forgotten
that the moral categories of Western democracy are not indigenous to Pakistan
and that therefore a strong case can be made for that country to base its public
morality on its own traditional values, that is to say, Islam. During the first eight
years, the stability and unity of Pakistan have not been aided by the working of
parliamentary institutions, nor by the activities of the political parties nor by the
influence of religion. That the country has survived is largely due to the quiescence
of the mass of the people and to the work of the public services. A central
government was established and has succeeded in administering the affairs of a
nation of eighty million inhabitants. The armed forces have not meddled in politics
but have been ready to support the civil administration when required. Some
aspects of bureaucratic control have been arbitrary and irresponsible, but the
structure has held together and has made possible the future establishment of a
working system of responsible government. After October I954 and the
dissolution of the Constituent Assem- bly, it seemed likely that parliamentary
institutions might not be restored. But, after judicial intervention, a new
22
Constituent Assembly has been chosen and the machinery of constitution-making
is again moving. The causes of instability remain but the chances of stable gov-
ernment have not entirely disappeared. Thus Pakistan can look forward to i956
with the inner conviction of greater firmness of purpose than has existed since the
assassination of Liaquat Ali. The unification of West Pakistan has eliminated many
of the causes of political disruption within that section of the country. Corruption
and abuse of political power had been rampant and ministries had been
maintained by force and deception. The political affairs of the province of Sind in
particular had become a by-word for petty tyranny and ministerial arrogance. No
less than three of its Chief Min isters had been condemned by judicial tribunals for
offences connected with their public lives. The unification of West Pakistan will
not serve to make corruption and intimidation impossible but it will diminish the
importance of local centres of entrenched political domination. One great area of
uncertainty lies in the field of party organisation. The Muslim League has been
virtually eliminated from East Bengal, although recent reports have indicated a
slight revival in its fortunes.27 In the West it finds itself deprived of effective
political leadership. It has devoured its own national leaders-Nazimuddin was
dismissed with ignominy and the League somewhat dubiously accepted
Mohammed Ali as his successor. Now that the latter has also left the political
scene, the acting leadership of the party organization has passed to Mir Ghulam Ali
Talpur, a Sindhi politician of no great reputation. Chaudhri Mo- hammed Ali,
while leading the Parliamentary Party, has shown no major interest in general party
matters. While the main block of government votes in the Constituent Assembly
continues to come from League members, the party will retain much influence but
it seems to be in no position to fight a vigorous and open election. There is nothing
to indicate that the various regional bosses can reconcile their long- standing
rivalries. Daultana seems to have won an important victory in the indirect elections
to the West Pakistan Assembly28 but Gurmani, Khuhro, Noon and others are
unlikely to resign themselves to passive acceptance of his leadership. The other
main group in the central coalition faces an equal prospect of disruption. The
United Front as it first took office in East Bengal in I954 had the support of almost
all the 309 members of the provincial Assembly. When it was restored in i955 it
had lost some 95 votes of the Awami League. Toward the end of that year its left-
wing and non- Muslim support began to waver. The latter groups demanded that
the Front should accept their claim to joint electorates rather than to con- tinue to
23
require religious segregation of constituencies. To accept this demand would be to
alienate the orthodox Muslim wing of the coalition. In January i956 the
Ganatantri Dal (ii seats) left the Front and was followed by the Congress (26 seats).
The Scheduled Castes Federa- tion (2I seats) and the United Progressive Party (03
seats) threatened similar action. Unless this rift is repaired, the United Front will be
unable to secure a majority at the forthcoming budget session. The disruption of
the United Front has enhanced the standing of the Awami League in East Bengal.
This party may well attract much non-Muslim support since it was the first major
Muslim organization to advocate joint electorates and to throw open its
membership to non- Muslims."0 This decision has, however, cost some support in
West Paki- stan where fourteen prominent Awami Leaguers promptly resigned
from the party to form a rival organization."1 The earlier constitutional drafts had
envisaged separate electorates but that of I956 leaves this decision to the future
action of Parliament. It is certain that this decision will be the subject of much
controversy. In the political manoeuvres, the issue of joint electorates is of great
importance but the real threat to the unity of the country comes from the clash over
the claims of East Bengal to virtual autonomy. The new draft constitution makes
only one major concession (by transferring railways to exclusive provincial
jurisdiction) but, by proposing to establish joint federal-provincial commissions
or councils to deal with distribution of tax-revenues and economic development,
the road is left open for each province to play a greater role in determining policy
which affects its vital interests. The disunity of Pakistan is almost entirely related
to internal stresses. It was largely fear of Hindu domination that brought about the
creation of a separate state. General antagonism to many aspects of Indian policy
still serves as a most powerful factor in preserving the integrity of Paki- stan. No
organized group is prepared to compromise on the Kashmir issue, though it is true
that passions are less inflamed in the East than the West. It is too early to expect, or
even to hope for, a large instalment of effective democracy in Pakistan. But the
elements of responsible bureauc- racy exist and have enabled the country to
survive for eight-and-a-half troubled years. The new constitution could serve as the
basis for a major step forward on the road to stable and responsible self-
government."
4- Explain the reasons of mistrust and distrust between East and West
Pakistan (1947-1958)
24
Sol:
The separation of East Pakistan was a great setback to Pakistan. By 1970,

sentiments for national unity had weakened in East Pakistan to the extent that
constant conflict between the two Wings dramatically erupted into mass civil
disorder. This tragically resulted in the brutal and violent amputation of Pakistan’s
Eastern Wing. The Bangladesh Liberation War was a South Asian war of
independence in 1971 which established the sovereign nation of Bangladesh.
The war pitted East Pakistan and India against West Pakistan, and lasted over a
duration of nine months. Popular attention has, thus far, focused on the Pakistani
army‘s action against the Bengalis, or on the India-Pakistan war. However, East
Pakistan in 1971 was simultaneously a battleground for many different kinds of
violent conflict that included militant rebellion, mob violence, military crackdown
on a civilian population, urban terrorism to full-scale war between India and
Pakistan. It witnessed large-scale atrocities, the exodus of 10 million refugees and
the displacement of 30 million people.
Begali nationalists declared independence (March 26, 1971). The Pakistani Army
attempted to regain control in East Pakistan and committed terrible atrocities.
Indian troops entered the war and quickly defeated the Pakistani Army. The
Pakistanis conceded defeat (December 16, 1971). President Yahya Khan resIgned.
Zulfikar Ali Bhutto took over Pakistan and recognized Bangladesh as an
independent country.
Causes which led to the civil war 1971
Geographically Divided Nation Tensions between East and West Pakistan existed
from the creation of Pakistan (1947). Pakistan was an odd creation wIth the two
parts, East and West Pakistan separated by more than 1,000 miles. The two parts of
Pakistan shared few cultural and social traditions other than Islam. The fusion of
east and west on the basis of Islam led to the frustration of Bengali nationalism.
The lack of common bonds was accentuated when political figures in the West
seized control of the new state, dominating both political and economic power. The
25
military governments which gave little attention to political demands in East
Pakistan only promoted discord. As a result, the resentment in East Pakistan
gradually grew.
Awami League
The Awami League was founded as a an opposition party in East Pakistan soon
after Pakistani independence (1949). The League has a moderately socialist
ideology as was widespread in the new independent countries emerging from
European colonial empires. Cofounder Sheikh Mujibur Rahman assumed
leadership a few years later (1953). Disturbed by the dominate role of West
Pakistan leasers, Rahman demanded a more equitable distribution of power (1966).
His plan called for a federation of East and West Pakistan which would have given
EastPakistan a level of autonomy.
Elections 1970
The first democratic elections in Pakistan were held in 1970 with the Awami
League winning with a substantial majority. However Yahya Khan banned the
Awami League and declared martial law after talks on sharing power failed. Bhutto
was famously heard saying “break the legs” if any member of People’s Party
attend the inaugural session at the National Assembly. Fearing on capitalization on
West Pakistan, West-Pakistanis fears of East Pakistani separatist, and Bhutto
demanded to form a coalition with Mujib. Both Mujib and Bhutto were agreed
upon the coalition government, with Bhutto as President and Mujib as Prime
minister. The Military government and General Yahya Khan was kept unaware of
such of these developments. Both Bhutto and Mujib continued a political pressure
on Khan’s military government.
Pressured by his own military government, General Yahya Khan postponed the
inaugural session, and ordered to arrest Mujib and put Bhutto on house arrest.
Bengali Language Movement
In 1948, the Government of the Dominion of Pakistan ordained Urdu as the sole
national language, sparking extensive protests among the Bengali-speaking
majority of East Bengal. Facing rising sectarian tensions and mass discontent with
the new law, the government outlawed public meetings and rallies. The students of
26
the University of Dhaka and other political activists defied the law and organised a
protest on 21st February 1952. The movement reached its climax when police
killed student demonstrators on that day. The deaths provoked widespread civil
unrest led by the Awami Muslim League, later renamed the Awami League. After
years of conflict, the central government relented and granted official status to the
Bengali language in 1956, which was too late to diminish the the hatefulness East
Pakistanis had for Urdu speakers.
Non Bengali Muslims
Non-Bengali Muslims from the north Indian states of Uttar Pradesh and Bihar who
had migrated to East Pakistan (East Bengal) after the partition of India were
collectively referred to as “Biharis” by the Bengalis. Pro-liberation Bengalis
assumed these non-Bengalis to be in favour of united Pakistan. But a significant
minority of Bengalis, including the religious parties, was also for unity. In
addition, many Bengalis who voted for Sheikh Mujib out of a long-standing sense
of alienation and a desire for provincial autonomy, may not have been in favour of
outright secession. The profound polarisation of politics reached even into
individual Bengali families, dividing some of them horizontally – for example the
father, who had experienced the creation of Pakistan, supported united Pakistan,
while the son, swayed by the oratory of Sheikh Mujib, joined the fight for an
independent Bangladesh.
Shifting of the Capital
The decision of shifting of the capital city from Karachi to Islamabad was perhaps
a good step taken in the regime of President Ayyub Khan (1960) but it hit the East
Pakistanis like a bullet. The Bengalis said that massive development was taking
place in West Pakistan and it was being financed from the money that belonged to
East Pakistan entirely.
Biased Nature of West Pakistan
Inspite of the repeated protest by the East Pakistanis, they were discriminated in
the appointments in the jobs. The development funds were not given to them
honestly. The East Pakistanis developed a colonial attitude towards the Bengalis.
Causes of the defeat in east pakistan
27
Operation Searchlight
A planned military pacification carried out by the Pakistan Army – codenamed

Operation Searchlight – started on 25 March to curb the Bengali nationalist
movement by taking control of the major cities on 26 March, and then eliminating
all opposition, political or military, within one month. Before the beginning of the
operation, all foreign journalists were systematically deported from East Pakistan.
The main phase of Operation Searchlight ended with the fall of the last major town
in Bengali hands in mid-May. The operation also began the 1971 Bangladesh
atrocities. These systematic killings served only to enrage the Bengalis, which
ultimately resulted in the secession of East Pakistan later in the same year. The
international media and reference books in English have published casualty figures
which vary greatly, from 5,000–35,000 in Dhaka, and 200,000–3,000,000 for
Bangladesh as a whole, and the atrocities have been referred to as acts of genocide.
Mukti Bahini
Indian Secret Intelligence Services formed an Anti Pakistan Wing East Pakistan
named as Mukti Bahini meaning Freedom fighters or Liberation Army, which
actively participated in persuading Population of East Pakistan to demand for a
separate country. The Pakistan Army launched military operations against Bengali
civilians, students, intelligentsia, and armed personnel after sundown on March 25,
1971. In response, Bangladesh declared independence and Bengali military and
paramilitary personnel, as well as civilians, started spontaneous resistance against
the aggression. This was the formation of the Mukti Bahini. The armed forces as
well as the paramilitary and civilian forces who fought alongside them for the
liberation of Bangladesh are referred to as the Mukti Bahini.
Involvement of India
Wary of the growing involvement of India, the Pakistan Air Force (PAF) launched
a preemptive strike on Indian Air Force bases on 3 December 1971. The attack was
modelled on the Israeli Air Force’s Operation Focus during the Six-Day War, and
intended to neutralise the Indian Air Force planes on the ground. The strike was
seen by India as an open act of unprovoked aggression. This marked the official
start of the Indo-Pakistani War.
28
As a response to the attack, both India and Pakistan formally acknowledged the
“existence of a state of war between the two countries”, even though neither
government had formally issued a Declaration of War.
Third Indian-Pakistani War, December 1971
Indo-Pakistani relations deteriorated yet again. This time the civil war in East
Pakistan was the principal cause. After Pakistani air strikes, Indian troops entered
the war (December 1971). India invaded East Pakistan in part in response to the
charges of atrocities and the wave of refugees entering India. Pakisdtan conducted
air raids on Indian air ports and airfields. Indians Prime Minister, Indira Gandhi,
addressed the nation by radio and proclaimed that the the Pakistani war against
Bangladesh has become one against their homeland. The Indians quickly defeated
the Pakistani Army.
Military Causes
West Pakistanis had poor equipment and an insufficient number of aircrafts which
made it easier for the Indians to defeat the west Pakistanis. The 14 F-86s that were
stationed in Dhaka had no night time flying capability. Their military weakness
also became one of the strongest reason for failing in 1971 war.
The air and naval war
The Indian Air Force carried out several sorties against Pakistan, and within a
week, IAF aircraft dominated the skies of East Pakistan. It achieved near-total air
supremacy by the end of the first week as the entire Pakistani air contingent in the
east, PAF No.14 Squadron, was grounded because of Indian and Bangladesh air
strikes at Tejgaon, Kurmitolla, Lal Munir Hat and Shamsher Nagar. Sea Hawks
from INS Vikrant also struck Chittagong, Barisal and Cox’s Bazar, destroying the
eastern wing of the Pakistan Navy and effectively blockading the East Pakistan
ports, thereby cutting off any escape routes for the stranded Pakistani soldiers. The
nascent Bangladesh Navy (comprising officers and sailors who defected from the
Pakistani Navy) aided the Indians in the marine warfare, carrying out attacks, most
notably Operation Jackpot.
Islolation from the entire world
29
Neither America nor China was willing to support the Pakistanis because both
thought that in East Pakistan there was a popular uprising of the people and both
would not have suppressed it.
Existential fear
Back then, the Pakistani army was accused of forming militia groups to do its
bidding in East Pakistan. This existential fear of a bigger, hostile India is central to
Pakistan’s security paradigm. In 1971 this fear was reinforced by the crucial role
India played in the break up of Pakistan. For India, the situation became serious
when nearly 10 million Bengali refugees crossed the border into its territory. There
was a humanitarian crisis, but also an opportunity to cut Pakistan down to size.
Aftermath and surrender
The Pakistani army surrendered at Dhaka (December 16, 1971). More than 90,000
Pakistanis, mostly West Pakistanis, became Indian prisoners of war. President
Yahya Khan resigned.Bangladesh and Zulfikar Ali Bhutto took over Pakistan. The
surrender led to the disintegration of East and West Pakistan and the establishment
of Bangladesh. After 25 years, the East Pakistanis declared themselves
independent and renamed their Province as Bangladesh.
The final reaction of the nation
Reaction to the defeat and dismemberment of half the nation was a shocking loss
to top military and civilians alike. No one had expected that they would lose the
formal war in under a fortnight, and there was also unsettlement over what was
perceived as a meek surrender of the army in East Pakistan. Yahya Khan’s
dictatorship collapsed and gave way to Bhutto, who took the opportunity to rise to
power.
General Niazi, who surrendered along with 93,000 troops, was viewed with
suspicion and contempt upon his return to Pakistan. He was shunned and branded a
traitor. The war also exposed the shortcomings of Pakistan’s declared strategic
doctrine that the “defence of East Pakistan lay in West Pakistan”. Pakistan also
failed to gather international support, and found itself fighting a lone battle with
only the USA providing any external help. This further embittered the Pakistanis,
30
who had faced the worst military defeat of an army in decades. Pakistan finally
recognized Bangladesh at the Islamic Conference in Lahore on February 22, 1974.
5-Point out the main features of 1956 constitution and indicate its flaws.
Sol:
Chaudary Mohammad Ali was a sincere politician and an experienced

parliamentarian. He took personal interests in the constitution-making process. He
presented the draft of the first Constitution of Pakistan in the second assembly. It
was approved by the assembly on 29th February, 1956. Then this draft was sent to
the Governor-General Major-General Iskander Mirza who ratified it on 2nd March,
1956. Thus, the first constitution of Pakistan was formed nine years after the
independence of the nation. Finally, the first constitution was enforced on 23rd
March, 1956 and Pakistan was declared as Republic.
Salient Features Of The Constitution Of 1956:
i) Preamble:
Objective Resolution was made a part of the constitution of 1956 which declared
that the all sovereignty belonged to Allah.
ii) Written Constitution
The Constitution of 1956 was a written document. It consisted of 234 Articles, 3

Parts and 6 Schedules.
iii) Semi-rigid Constitution:
It was a semi-rigid constitution. Unlike the constitution of USA, it was not very
difficult to make amendment to it; only one-third majority of the assembly could
make an amendment to it.
31
iv) Federal System:
The Constitution of 1956 provided a federal system in the country which consisted
of the following institutions:
a) The President
b) The Government
c) The Parliament
a) President:
According to the constitution of 1956, President was the head of the State. He was
a Muslim who was elected by the National Assembly and all the four provincial
assemblies by a majority vote for a period of five years. He enjoyed the following
powers:
• He could nominate the Prime Minister.

• He could appoint the provincial governors, judges of Supreme and High Courts,
Auditor General and Advocate General.
• He could call a session of the National Assembly and was authorized to dissolve
it.
• He was authorized to promulgate ordinance during the period when the National
Assembly was not in session.
• H was authorized to reduce or condone the punishment given by the Courts.
• He could declare emergency in the country.
b) Federal Government:
Federal Government comprised the President, the Prime Minister, the National
Assembly, and the Federal Cabinet. The Chiefs Of Army, Navy and Air Force and
the Supreme Court. The federation of Pakistan comprised four provinces, federal
and tribal areas. There were three lists of subjects viz, the federal list, the
provincial list and the concurrent list.
c) The Parliament:
32
The constitution of 1956 provided a unicameral legislature called the National
Assembly which consisted of 300 members. Out of these, 150 members were
elected from East Pakistan and 150 from West Pakistan. It enjoyed full authority
over the federal list of subjects. It was compulsory to call two sessions of the
assembly in a year one to be held in Decca while the other was to be convened in
Karachi.
v) Independence Of Judiciary:
the constitution of 1956 established an independent judiciary which consisted of

the following Courts:
a) The Supreme Court

b) The High Courts (One each in East and West Pakistan)
c) The Lower Courts.
The Supreme Court was the highest court of the country. It not only heard appeals
from the Lower Courts but also interpreted the Constitution at the request of
Federal or the Provincial authorities. Similarly, two High Courts were established
in Decca and Karachi. Judges of these courts were appointed by the President of
Pakistan.
vi) Basic Rights:
The Constitution of 1956 provided the following Basic Rights to Its people
irrespective of religion, caste or creeds.
a) Safeguard against arrest and detention

b) Security to person and property
c) Safeguard against forced labour
d) Freedom of movement
e) Freedom of speech
f) Freedom of assembly
g) Freedom of association
33
h) Freedom to hold property
i) Freedom to profess religion
j) Freedom to earn livelihood
vii) National Language:
Both Urdu and Bengali were grated the status of national languages. However, it
was decided that English would be the official language for 25 years.
viii) Islamic Provision Of The Constitution:
The Constitution of 1956 included the following Islamic Provisions:

a) According to the Constitution of 1956, the country was named as “Islamic
Republic Of Pakistan.”
b) The Objective Resolution was made a part of it which declared that Sovereignty
of the universe belonged to Almighty Allah.
c) According to Article 32, the President of Pakistan would be a Muslim and of 40
years of age.
d) Article 18, provided that the all citizens would be free to profess and practice
their religion.
e) The constitution put a ban on liquor, gambling and prostitution.
f) According to Article 198, no un-Islamic law would be enacted in Pakistan.
g) The constitution provided for brotherly relations with Muslim countries.
h) The constitution included a provision for the establishment of an Islamic
Research Institute.
i) It also provided for setting up an Islamic Advisory Council.
Critical Analysis/Drawbacks Of The Constitution Of 1956:
The Constitution of 1956 was a great achievement but it was also criticized for its
some flaws. We can pinpoint some of them as following:
i) Absence Of Islamic Provisions:
No provisions were made to make Islam as a state religion.

34
ii) Head Of A State:
In the absence of the President, the speaker of the National assembly might be
acting president and a speaker might be a non-Muslim. In other words, Head of the
state could be a non-Muslim.
iii) Authority Delegated To The People:
According to the Constitution, the authority was delegated to the people of

Pakistan and the people of Pakistan could be Muslims and non-Muslims.
iv) Interpretation Of Quran And Sunnah:
Interpretation of the Quran and Sunnah was referred to the legislature rather than
theologians. Hussain Shaheed Suharwardi said,” you are deluding the people by
calling it an Islamic State.”
v) Response Of East Pakistan:
The people of East Pakistan were not happy with this constitution because they
were demanding their share in the government according to their population
because their population was more than that of West Pakistan. Moreover, they
were demanding to declare the religion of the State as Islam. But the rulers of the
day were not inclined to do. General Iskander Mirza said, “We cannot run wild on
Islam.” So these controversies gave rise political and constitutional problems in the
country and ultimately paved the way for military intervention.
Causes Of Failure Of The Constitution:
The Constitution of 1956 was abrogated in 1958. The causes of its failure were as
under:
a) The multi-party system was one of the main causes of its failure.
35
b) General elections were not held up to 1956. Consequently, the parliamentary
system did not strike roots in country.
c) The politicians were insincere and preferred their personal interests over
national interests.
d) The eleven-year period from 1947 to 1958 was a period of political instability
which witnessed the rise and fall of nine prime ministers. These circumstances
were not conducive to democracy which was a hallmark of the constitution of
1956.
e) The constitution was modelled on the One Unit of West Pakistan.

Opponents of the One Unit created hatred against the Constitution.
f) Irresponsible and unpatriotic acts of Ghulam Mohammad destabilized the

democratic process. He did not hesitate to dissolve the First Constituent Assembly.
Similarly, the Federal Court was pressurized to give verdict against the Sindh High
Court which was a mockery of democracy. Later on, Iskander mirza promoted the
palace intrigues which led to frequent rise and fall of ministries.
g) In the early fifties, the political, geographical, military and administrative

problems of Pakistan brought economic depression in the country. These
circumstances led to unemployment, bribery, hoarding and dearness. The
politicians exploited the situation at the cost of democratic values. Thus, people
lost faith in the constitution of 1956.
h) At the time of Independence, Pakistan did not inherit any constitutional

traditions because it had yet to frame its own constitution which suited its
particular Islamic and democratic requirements. As an interim arrangement, the
government Of India Act, 1935 was enforced with certain amendments.
Subsequently, the First Constituent Assembly took nine years to give to the
country its first constitution in 1956. The selfish politicians did not miss any
opportunity to damage the image of democracy. The ministries continued to fall
like nine pins even after the enforcement of the constitution of 1956. These
36
circumstances convinced the military regimes that the Constitution of 1956 was
incapable of meeting the challenges of the day.
37

Constitutional and Political Development in Pakistan-1

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Constitutional and political development in Pakistan-1

1- Critically discuss the Objectives Resolution ant its impacts on the

The first Constituent Assembly came into existence under Indian

Features of the Objectives Resolution

1. Sovereignty over the entire universe belongs to Almighty Allah alone.

3. Constitution will be framed for sovereign, independent state of Pakistan.

5. Principles of Democracy, freedom, equality, tolerance and social justice

6. Muslims shall be enabled to organize their lives in accordance with the

7. Minorities to have freedom to freely profess and practice their religions

9. Pakistan shall be a Federation with autonomous units. State’s sovereignty

Explanation and Importance

The Resolution declared the sovereignty of God as the distinctive political

The Objectives Resolution is a basic and primary document of the

At the time of establishment of Pakistan an Interim constitution was introduced in Pakistan

First Basic Principle Committee’s Report: 1950:

4. Cabinet and the PM were to be answerable to both houses of the parliament.

Second BPC Report 1952:

Third Report (Muhammad Ali Bogra Formula) 1953:

The Political Stability of Pakistan

The separation of East Pakistan was a great setback to Pakistan. By 1970,

Causes which led to the civil war 1971

Bengali Language Movement

Non Bengali Muslims

Shifting of the Capital

Biased Nature of West Pakistan

Causes of the defeat in east pakistan

A planned military pacification carried out by the Pakistan Army – codenamed

Third Indian-Pakistani War, December 1971

The air and naval war

Islolation from the entire world

Aftermath and surrender

The final reaction of the nation

Chaudary Mohammad Ali was a sincere politician and an experienced

Salient Features Of The Constitution Of 1956:

ii) Written Constitution

The Constitution of 1956 was a written document. It consisted of 234 Articles, 3

iii) Semi-rigid Constitution:

• He could nominate the Prime Minister.

the constitution of 1956 established an independent judiciary which consisted of

a) The Supreme Court

vi) Basic Rights:

a) Safeguard against arrest and detention

vii) National Language:

viii) Islamic Provision Of The Constitution:

The Constitution of 1956 included the following Islamic Provisions:

Critical Analysis/Drawbacks Of The Constitution Of 1956:

i) Absence Of Islamic Provisions:

No provisions were made to make Islam as a state religion.

iii) Authority Delegated To The People:

According to the Constitution, the authority was delegated to the people of

iv) Interpretation Of Quran And Sunnah:

v) Response Of East Pakistan:

Causes Of Failure Of The Constitution:

e) The constitution was modelled on the One Unit of West Pakistan.

f) Irresponsible and unpatriotic acts of Ghulam Mohammad destabilized the

g) In the early fifties, the political, geographical, military and administrative

h) At the time of Independence, Pakistan did not inherit any constitutional

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