Political and Constitutional

System in Pakistan

Lecture by:
Ms. Aymen Ijaz
 Concept of State, Executive and
Judiciary

Constitutional Dilemmas
Failure of national integration
Initial problems
Role of religion
Nature of government
Issue of Language
Ethnic groups
Cultural differences
Constitutional Development (1947-
1956)
Objective Resolution(12th
March,1949)
Salient Features
Sovereignty of Allah
Guiding principles of Islam
Rights of minorities
Fundamental rights
Judiciary
Federal system
Exercise of Power
 Basic Principle Committee
Reports
24 members committee
Headed by Liaquat Ali Khan

1ST BPC Report (28th Sept,1950)

Inclusion of Objective Resolution
Federal legislature with two houses: Upper and Lower
Head of the state President/ Head of Government PM

Criticism:
Issue of Representation of East Pakistan
No Islamic Charter
Issue of power of two houses
Issue of language
 2nd BPC Report (22nd Dec, 1952)
Parity Proposal
Advisory Ulema Board

Criticism
Violation of Principle of Federation
Silence on language Issue

3rd BPC Report (7TH Oct, 1953)

Bogra Formula
Acceptance of Languages
Criticism
Complicated seat allocation among units of west Pakistan
Issue of equal power of houses

Speaker NA Maulvi Tamizuddin Vs Governor General Ghulam Mohammad Case

Gov Gen Powers Curtailed by replacing PRODA Act of 1948-1949/ Govt Act of
1935 Sections 9,10(AB) scrapped from constitution.
Ch. Muhammad Ali One Unit Scheme 1955
2ND Constituent Assembly Vs 1 st Constituent Assembly (Muslim Leagues
members majority in 1 st than in 2nd CA )
 Constitution of 1956( 23RD
March,1956)
234 Articles, 13 parts, 6 headings.
Salient Features:
Islamic Provisions
Federal Republic
Parliamentarian System
Unicameral legislature
Basic Rights of Citizens
State languages
Head of the State/ Term/Power
Representation in National Assembly(NA)
Passing Procedure of Bill/Resolution in NA
Universal Adult Franchise
Flaws in 1956 Constitution:
Not a perfect document
Resentment over principle of parity by East Pakistan
Change of four governments under Governor General Iskander Mirza in 2 years
Demand of Provincial Autonomy
Lack of national unity

Martial law by Ayub Khan ( 8th October,1958)

Introduction of Basic Democracy (26th October,1958)
80,000-120,000 Basic Democrats from both wings.
Ayub took oath a s a President on 18th Feb,1960.
10 members Constituent Committee ( Chief Justice Shahab ud Din)
7 member Constitution Commission( Supervision by Federal Minister
Manzoor Qadir
Committee Presented 1STdraft of constitution 6th May 1961.
Ayub signed on 1st March,1962, enforced 8th June, 1962.
250 Clauses/5 headings and 8 Amendments.
 Salient Features of 1962 Constitution
Presidential System
Indirect Elections by Electoral College
Unicameral Legislature
No restriction on religion of speaker of NA
Supreme Judicial Council ( CJ and 2 senior judges of
SC and 2 HC) can issue code of conduct on judges)
Fundamental Rights of citizens
No new tax levied without consent of NA
Islamic Provisions ( Research Institute-head office in
Islamabad/provincial offices in Lahore/Dhaka)
Both Languages declared official.
State named as Islamic Republic of Pakistan.
 Fall of East Pakistan
Background:

Re-Election of Ayub as President in 1965 vs. Fatima Jinnah

Political Unrest and rigging in elections
Martial Law March 25,1969, General Agha Mohammad Yahya Khan
General Elections under LFO in December 1970.
Awami League-167 NA seats in East Pakistan vs. PPP 86 NA seats in West Pakistan

Reasons of Fall:
Political Awareness
Population
Language
Geography
Indian Role
Defence budget
Military dictatorship
Role of Hindi teachers/ Literature
Ganga Drama( Two Indian agents pretending to be Kashmir Mujahedeen's hijacked
an Indian plane Ganga and landed it in Lahore in 1971)
Terrorist Wing of Awami League Mukti Bahini
Mujeebs Six Points(1966):

Federal Form of Govt through elected parliament.

Provincial and Federal Subjects( Defence/ Foreign Affairs)
Separate Currencies and Independent Fiscal Policies
Federal receives share of taxes from provinces
Provincial Control over foreign exchange and trade agreements
Provincial militia and Para military forces

Political Events leading to Dismemberment of East Pakistan:

Awami League majority in NA but presented only one province

Rigidity of Mujeeb over exclusive right to form govt/ assembly and future
constitution
Bhuttos Proposal and boycott of National Assembly session at Dhaka on 3 rd
March,1971.
Mujeebs Demands to attend NA session on 25 th March,1971.
Indo Pakistan War of 1971
Separation of East Pakistan, 16th December, 1971.
Yahya resignation 20 December 1971.
Mujeeb sworn as PM of Republic of Bangladesh in 1972.
Pakistan recognized Bangladesh in OIC Summit held at Lahore in 1974.
 Constitution of 1973
Constitution committee ( SC Justice Abdul Hafeez Pirzada), 1st draft on 2nd feb,1973.
Constitution enforced on 14th August,1973.
PM Z.A.Bhutto, Pr. Ch. Fazal Elahi.
Abolition of one unit scheme.

Salient Features of Constitution:

Federal system
Parliamentary system
Bi cameral legislature
Constitution Amendment
Adult Franchise
Fundamental Rights
Judiciary
State language
Islamic Provisions (Objective Resolution as preamble, name of state, definition of
Muslim, council of Islamic Ideology, compulsory education of Islamiat, error free
printing of Quran etc)
Rights of Minorities
Fundamental Rights of Citizens
Interest free banking
 Political And Constitutional
Developments Post 1973- Present
General Elections 1977
General Zia-ul- Haq Martial Law 5 th July,1977.
Bhutto executed in 1979.
Zias Era ( Introduction of Islamization)
General Elections 1985
General elections 1988
Change in Democratic governments (1988-
1999)
Musharafs Era ( Concept of Enlightened
Moderation)
Constitutional Amendments( 8th, 13th, 17th,18th)