Federalism in Pakistan: 1947 - 58 DATA ENrerEp Muntzra NazirA thesis submitted to the Department of Political Science University of the Punjab, Lahore, in fulfillment of the requirement for the Degree of Doctor of PhilosaphyTitle LIST OF TABLES PREFACE INTRODUCTION 1 Federalism ii Federalism: The Concept a) Supremacy of the Constitution b) Format Division of Powers c} Independent Judiciary th Way Federalism iv. Faderalism in Historical Perspective Vv The Development of the Theory of Federalism vi. Federalism Today vii Some Leading Federal Systems a) USA b) Canada c} The Australian Federation d) ‘The Indian Federation FEDERALISM IN BRITISH INDIA ti iv. v. vi vii The East India Company Rule Center-Province Relations Under the British The Indian Council Act - 1892 The Government of India Act 1909 The Government of India Act 1919 The government of India Act 1935 Towards Independence 56OU vi PROBLEMS AND ISSUES OF FEDERALISM IN PAKISTAN 90 i initial Administrative Problems. ii Diversities Between East and West Pakistan a) Geographic Noncontiguity b) Topagrapny c) Economic Disparities d) Representation in Mititary and Civil Services iii Disparities within the Western Region Nv The Punjab and other Provinces/Regions v Major Constitutional Issues a) Representation b) Provincial Autonomy c) The Language Controversy d) Joint or Separate Electorate FEDERALISM UNDER THE INTERIM AND THE 1956 CONSTITUTION 134 1 The Powers of Governor Gerierat i, Administrative Relations ML Financial Relations iv Federal System under the 1956 Constitution a) Legislative Powers b) Emergency Powers c} Administrative Relations d) Financial Relations Vv. A Comparative Review THE PERFORMANCE OF FEDERALISM 1947-58, 160 i Role of the Governor Generat a) Separation of Karachi b) The Language Controversy w Dismissal of Provincial Governments te Financial Relations THE WORKING OF FEDERALISM 1954-56. 183 i The One Unit Scheme ii East Pakistan and the Central GovernmentVit vill FEDERALISM UNDER THE 1956 CONSTITUTION 209 i Hi iii \v v. The Use of Emergency Powers Rate of the Provincial Governor The One Unit Scheme East Pakistan’s Growing Alienation Financial Relations CONCLUSIONS 230 Appendices 256 t My The Distribution of Subjects under the Government Of India Act 1935 The Distribution of Subjects under the Interim Constitution The Distribution of Subjects under the 1956. Constitution. Select Biblograpty 310Table No. VIL LIST OF TABLES ithe Demographic Differences Military Officers (1955) East-West Representation in the Higher Ranks of The Central Secretariat The Aflocation of Central Funds to East and West Wings (1947-58) Allocation to the Provinciat Governments from Central Revenues Development Loans made Available to the Pravincial Governments Removal! and Dismissal of Provincial Governments. 1947-58 Page. 98 106 101 178 224 225 250PREFACE The major purpose of this research is to analyze and evaluate the nature and dynamics af the federal system in Pakistan under the 1947 interim constitution and the 1956 constitution, This period of Pakistan's history (1947-58) marks the emergence of Pakistan as an independent and sovereign state and encompasses the efforts to frame the first federal constitution. Constitution making in Pakistan was unduly delayed for a fost of reasons. A major issue that baffied the constitution makers pertained to the federal structure. This study examines the problems, which the constitution makers encountered while evolving a federal constitution. This study critically examines the efforts made by Pakistan's political ieaders and the Constituent Assemblies to work out a federal system in the face of social, palitical, economic and geographic diversities’, especially between the then East Pakistan and West Pakistan and how did the framers of the constitution solve these problems? This work also identifies and analyzes the social, economic and political forces that shaped Pakistan's federal structure and influenced its actual working during 1947-58 The focus is mot merely on the Constitutional provisions but on the actuat working ui the institulions and processes. The role of the potitical leaders, political parties and the stateinstitutions like the bureaucracy Has been Jooked into to understand why could not the federa) system create a political partnership of trust and confidence amongst the constituent units of the federation. As some of the issues and problems pertaining to federalism are still being debated in Pakistan, the study acquires Contemporary relevarice. The study of federatism in Pakistan has been undertaken with a theoretical and historical backdrop. The concept federalism its meanings and essentials as well as the reasons for adoption of federalism by different states have been discussed. The study also offers a historical and comparative review of the evolution of faderal system and outlines the features of some of the leading federal systems like the U.S., Canada, Australia and India These theoretical perspectives enable us to identify the minimum conditions for establishment and working federations, although the operationalization of these conditions and features vasies from state to state. The peculiar political, economic, geographic, socio- cultural conditions as wel) as the historical and political experiences of a State have to be taken into account for evalving and evaluating a federal system. The minimum conditions of federalism identified in the study have been used to evafuate Pakistan's federal experiences. Attention has also been given to the evojution of federal system in Britis ndia as a legacy that influenced federalism in Pakistan, 1947-58. The present study combines theoretical, comparative, historical and analytical perspectivesit to critically examine federalism in Pakistan not only in terms of constitutional provisions but also how it actually functioned. The thesis is spread over eight chapters. The first chapter sets out the theoretical parameters of the study. The second chapter traces the gradual introduction of the federal system in the British india through various constitutional measures. The third chapter focuses on the different issues and problems that affected the efforts to evolve a federal system in Pakistan. These aiso had implications for the working of federalism in Pakistan, heavily tilting the balance of power in favour of the center. The fourth chapter gives an insight into the nature of the federal systems established under the interim constitution 1947 and the 1956 constitution. it outlines the division af powers between the center and provinces in the administrative, legislative and financial spheres. The subject matter of fifth, sixth and seventh chapters is the actual performance of the federal system under the two constitutions (interim and the 1956). These chapters encompass the crux of relationships between the center and provinces, highlight the traubled political experience of Pakistan, pull together the Strings of the study and draw concfusions therefrom, The name of East Bengal was officially changed to East Pakistan in 1955 with the adoption of the One Unit Scheme in West Pakistan, This was incorporated in the 1956 constitullon However. the name East Pakistan has been used in this sludy even for the earlier periodThis study has used primary as well as secondary sources. Public documents like the government reports/publications, debates of the two Constituent Assemblies and the West Pakistan Assembly were extensively used, The constitutions (1935, 1947 and 1956) and relevant laws and press statements by the government officials were also used Reports of various departments offered useful informations. Newspapers were also relied on to collect data, especially to obtain deciarations and statements of the Prime Ministers, cabinet members and other political leaders. Lacknowedge my indebtedness and deep sense of gratitude ta my thesis supervisor, Or. Hasan Askari Rizvi who spared time from his busy academic schedule His scholany guidance and encouraging attitude enabled me to remove some of the shortcomings in the work, My special thanks go to my colleagues and teachers especially Professor Saeed Osman Malick who has been a source of encouragement. { also gratefully acknowledge the cooperation extended to me by the staff of the central and Politica! Science Department libraries of the University of the Punjab, Quaid-i-Azam Library, NIPA Library and the Library of the Punjab Provincial Assembly.