CONSTITUTIONAL

DEVELOPMENT IN PAKISTAN

NOOR SHAMS-UD-DIN SHAMS

AKHSS KURAGH

???
WHAT IS

CONSTITUTION?
WHAT DO WE MEAN BY
CONSTITUTIONAL
DEVELOPMENT?
WHAT IS THE IMPORTANCE OF
CONSTITUTION?

LAW
INTERNATIONAL LAW

COMMON LAW

PRIVATE LAW

GENERAL LAW

CRIMINAL LAW

NATI0NAL LAW

CONSTITUTIONAL LAW

PUBLIC LAW

ADMINISTRATIVE LAW

CIVIL LAW

1ST CONSTITUENT ASSEMBLY

10

TO 14 AUGUST INAGURAL SESSION

(Mr. JN Mandal)
MEMBERS: 69.74 (ML 59)
FUNCTIONS

TO PREPARE CONSTITUTION
TO ACT AS CENTRAL LAGISLATURE

OBJECTIVES RESOLUTION

(12/03/1949)

SOVEREIGNTY BELONGS TO ALLAH

DELEGATED TO PEOPLESEXE BY THEIR CHOOSEN
REPS WITHEN THE LIMIT OF ALLAH AS SECRAD TRUST
OF HIM
PRICIPLE OF DEMOCRACY ,FREEDOM, EQULITY,
TOLERANCE AND SOCIAL JUSTICE AS ENUNCIATE BY
ISLAM SHALL B FULLY OBSERVED.
GOVT LL PLAIN GROUND FOR MUSLIMS TO PASS THEIR
LIVES ACCORDING TO ISLAM.
FREEDOM TO MINORITIES.
INDEPENDENCE OF JUDICIARY.

BASIC PRINCIPLES COMMITTEE

TO WORK OUT THE DETAILS OF THE

CONSTITUTION ON THE PRINCIPLES AS LAID
DOWN IN OR.
24 MEMBERS ND CAN CO-OPT 10 FROM
OUTSIDE AS WELL
BPC ESTABLISHED:

SUB COM ON FEDRAL ND PROVINCIAL CONSTITUTION

SUB COM ON FRANCHISE
SUB COM ON JUDICIARY
TALMAT-E-ISLAMI COMMITTEE

INTERIM REPORT OF BPC 07/09/1950

INCORPORATION OF OR AS DIRECTIVE PRINCIPLE IN THE

CONS
PROVINCIAL GOVT

LEGISLATURE

CM AND GOVERNOR. UNICAMERAL LEG

BICAMERAL. HOUSE OF UNIT AND HOUSE OF PEOPLE
NO DETAIL AS COM ON FRANCHISE REPORT WAS AWAITING

HEAD OF STATE

5 YEARS TERM
ELECTED BY BOTH HOUSES IN JOINT SESSION
NOT MEMBER OF EITHER HOUSE

HEAD OF GOVT

TO B APPOINTED BY HOS

URDU AS NAIONAL LANGUAGE

AFTERMATH OF THE 1ST REPORT

REACTION

LESS PRO AUTONOMY

URDU AS NAT. LANG
LESS ISLAMIC IN
NATURE
AGAINST THE SPIRIT
OF DEMOCRACY
(PRINCIPLE OF
PARITY)

GOVTS RESPONSE

LAK WITHDREW THE

REPORT AND
PROMISED DESIRED
CHANGE AND TO
RESUBMIT

POLITICAL DEVELOPMENT

16 OCT 1951
KH NAZIM PM
MALIK G.MOHD GG

2ND REPORT 22/12/1952

OR AS PREAMBLE IN THE PROPOSE CONSTITUTION

HEAD OF STATE

HEAD OF GOVT

5 YEAR TERM
MUST B A MUSLIM
ELECTED IN JOINT SESSION
APPOINTED BY HOS
HELPED BY COUNCIL OF MINISTERS (BOSS OF THE CABINET)
RESPONSIBLE TO HOP ONLY

FEDERAL LAGISLATURE

BICAMERAL

PROVINCIAL GOVT

HOUSE OF UNIT120 MEMBER (60 EAST PAK AND 60 WEST PAK)

HOUSE OF PEOPLE400 MEMBERS DIRECT ELECTION (200 EACH PART)

CM, GOVERNOR, UNICAMERAL LEGISLATURE

JUDICIARY

CJ PLUS 2 TO 6 JUDGES IN SC
HC FOR EACH PROVINCE

POLITICAL DDEVELOPMENTS

1951 ELECTIONS IN PUNJAB

MUMTAZ DAWLATANA OF ML BECUM CM SUPORED BY

MAJLIS AHRAR AND JUI PAK

FOOD SHORTAGE AND AHMADIA MOVEMENT

6TH MARCH 1953 MARTIAL LAW IN PUNJAB
BY PRETENDING THE WORST SITUATION MALIK
GHULAM MOHD DISSOLVE KH NAZIMUDDINS
GOVT ON 17TH APRIL 1953
M.ALI BOGRA BECOME PM OF PAKISTAN

THE MUNIR REPORT 10/04/1954

THE NET RESULT OF ALL THIS IS THAT

NEITHER SHIAS NOR SUNNIS NOR DEOBANDIS,

NOR AHLE HADITHS NOR BARELVIS ARE MUSLIMS
AND ANY CHANGE FROM ONE VIEW TO THE OTHER
MUST BE ACCOMPLISHED IN AN ISLAIC STATE
WITH THE PENALTY OF DEATH IF THE GOVT OF
THE STATE IS IN THE HANDS OF THE PARTY
WHICH CONSIDER THE OTHER PARTY TO BE
KAFIR. AND IT DOES NOT REQUIRE MUCH
IMAGINATION TO JUDGE OF THE CONSEQUENCES
OF THIS DOCTRINE WHEN IT IS REMEMBERED
THAT NO TWO ULEMA HAVE AGREED BEFORE US
AS TO THE DEFINITION OF A MUSLIM.

MUNIR REPORT (CONTNUD)

KEEPING IN VIEW THE SEVERAL DEFINITIONS

OF A MUSLIM GIVEN BY THE ULEMA, NEED WE
MAKE ANY COMMENT EXCEPT THAT NO TWO
LEARNED DIVINE ARE AGREED ON THIS
FUNDAMENTAL. IF WE ATTEMPT OUR OWN
DEFINITION AS EACH LEARNED DIVINE HAS
DONE AND THAT DEFINITION DIFERS FROM THAT
GIVEN BY ALL OTHERS , WE UNANIMOUSLY GO
OUT OF THE FOLD OF ISLAM. AND IF WE ADOPT
THE DEFINITION GIVEN BY ANY ONE OF THE
ULEMA, WE REMAINS MUSLIMS ACCORDING TO THE
VIEW OF THAT ALIM BUT KAFIR ACCORDING TO
THE DEFINITION OF EVERYONE ELSE

BOGRA FORMULA

07/10/1953 PRESENTED TO CA
06/10/1954 ADOPTED BY CA

MAIN POINTS

BICAMERALISIM

HOUSE OF PEOPLE

HOUSE OF UNITS

300 STRENGTH
165 EAST PAKISTAN
REST TO WEST PAKISTAN
50 MEMBERS EQUALY DIVIDED B/W THE FIVE PROVINCES
INDIRECT ELECTION
2 ADDITIONAL SEATS FOR WOMEN

EQUAL POWERS
OFFICIAL LANGUAGE URDU AND BENGALI

DISSOLUTION OF THE COSTITUENT ASSEMBLY

CAUSES:

20 SEP 1954 CA REPEALED PRODA

AMENDMENT OF SECTION 9,10,10A,10B OF
GOVT OF INDIA ACT 1935 (UNDER PROCESS)

24

OCTOBER 1954 MALIK GHULAM MOHD

DISSOLVED CA

AFTERMATH

MOLVI TAMIZ CASE. DECISIONS OF SHC AND SC 21/3/1955 223A ACT

1935 NOT SIGNED BY GG GIVING POWERS TO SC TO INTERFERE AND
ASK GG TO FORM NEW CA
NEW COSTITUENT ASSEMBLY

POLITICAL DEVELOPMENTS
NEW

CA NO PARTY IN MAJ
11 AUGUST 1955 BOGRA RESIGNED
CH.MUHAMMAD ALI PM
07 AUGUST 1955 ISKANDAR MIRZA
ACTING GG
30 SEP 1955 ONE UNIT
06 OCTOBER 1955 GHULM MOHD
RESIGNED ND I.MIRZA BECUM GG

CONSTITUTION OF 1956
8/01/1956

DRAFT CONST PRESENTED TO

THE COUNTRY
29/02/1956 ADOPTED
23/03/1956 ENFORCED
234 ARTICLES, 13 PARTS, 6 SHEDULES

SALIENT FEATURES OF THE

CONSTITUTION
WRITTEN
FEDRALISIM
UNICAMERALISM

NA (150 PLUS 150 MEMBERS)

PARLIAMENTRY

FORM OF GOVT
NATIONAL LANGUAGES
INDEPENDENT JUDICIARY
ISLAMIC PROVISIONS

CHANGE IN GOVT
8TH

SEPTEMBER 1956 M.ALI RESIGNED

AND HUSAIN SHAHEED SAHARWARDY
BECUM PM
10TH OCTOBER 1957 H.S.SAHARWARDY
RESIGNEDI.I.CHANDRIGAR PM
16TH DECEMBER 1957 II CHANDRIGAR
RESIGNED AND MALIK F.NOON PM
7TH OCTOBER 1958 MARTIAL LAW BY
GEN.AYUB KHAN

AYUB ERA 7/10/58 TO 25/03/69

24 OCT AYUB PM
27 OCT OUSTED I MIRZA
27 OCT 1959 BD ORDINANCE
14 FEB 1960 PRESIDENTIAL ELECTIONS
1ST MARCH 1962 CONSTITUTION ENFORCED
2ND JANUARY 1965 PRESIDENTIAL ELECTIONS
623 SEP WAR WITH INDIA
410 JANUARY 1966 TASHKANT DECLARATION
25 NOV 1968 PDM FORMED
25 MARCH 1969 AYUB RESIGNED

YAHYA ERA 25/03/69 TO 20/12/1971

1ST APRIL 1969 YAHAYA BECUM PRESIDENT

4TH APRIL IMPLEMENTED PCO
28 NOV 1969 ABOLISHED ONE UNIT SYSTEM
25/03/1970 ISSUED LFO
7 AND 17 DEC GEN.ELECTIONS FOR NA AND PAs
EAST PAKISTAN CRISIS:

ELECTION RESULTS AND MUJIBS SIX POINTS

13 FEB DATE FOR NA SESSION 3RD MARCH POSTPONED ON 2ND
MARCH
REACTION OF AWAMI LEAGUE 1ST WEEK OF MARCH
25TH MARCH MILITARY ACTION IN BENGAL
DEC INDIAS ROLE
16 DEC SURRENDER BY PAK ARMY
20 DEC YAHYA QUIT

BHUTTO REGIME 20/12/1971 TO 5TH

JULY 1977