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Department of History & Pakistan Studies, UoG
Constitutional Development in Pakistan 1947-58
 Objective Resolution (7 March, 1949):
 Allah is the supreme, sovereign and sovereignty belongs to Allah.
 The state shall exercise its power & authority through the elected
representatives.
 The principles of democracy, freedom, equality, tolerance, and social justice as
enunciated by Islam will be completely adhered.
 Muslimsshall beenablingto evolve their lives individuallyas well as collectively
according to the teachings of the Holy Quran & Sunnah.
 Minorities would be protected and would be free to profess and practice their
religion.
 Pakistanwill be Federation,whereProvinces will enjoy autonomy in conformity
to national unity & interest.
 Adequate provisions shall be made to safeguard the legitimate interests of
backward areas and depressed classes.
 All basic rights granted to the people of Pakistan.
 Judiciary will be free and independent.
2nd Draft of Constitution or Parity Proposals:
22 Dec,1952 by KhawajaNazim-ud-Din
Salient Features
i) Head of State will be Muslim.
ii) Head of State elected by the joint session of the Central Legislature but
will not be a member of the legislature.
iii) Head of State’s term of office will be 5 years.
iv) Federal legislature consist of Two houses
2
 House of Units (consists of 120 seats)
 House of Peoples (consists of 400 seats)
 It shall be equally distributed among East & West Pakistan.
v) West Pakistan’s seats further divided to its Provinces.
vi) Term of each House shall be 5 years.
vii) Both House shall have equal powers.
viii) Amendment will be held with the consent of both houses.
ix) The Councils of Ministers collectively responsible to the House of
Peoples.
Muhammad Ali Formula or Proposals
7 Octuber, 1953
Salient Features:
i) Central legislature shall consist of Two houses.
ii) In upper house membership consists of 50 seats.
iii) Lower hose consists of 300 seats divided among the units on the basis of
population. 175 each for East & West Pakistan.
iv) Vote of confidence in the cabinet or election of the Head of the State decided
only in joint sessions.
 If President from West Pakistan than P.M must be from East Pakistan.
v) Urdu and Bengali would be National language and English as an official
language of the country.
vi) Controversial issues would be decided in Joint Session.
vii) For any matter of consideration 30% acceptance from the both Units East &
West Pakistan is mandatory.
3
Constitution of 1956
 23 March, 1956
 Characteristics:
i) Federal in Nature
ii) Parliamentary form of Govt.
iii) Uni-cameral legislature
 The absence of the other House was compensated by the powers of the
President.
iv) Emergency powers of the President.
v) Fundamental Rights.
vi) Independence of Judiciary.
vii) Islamic color of the Constitution.
 Sovereignty of Allah
 Name as Islamic Republic of Pakistan
 Head of State must be Muslim
 Islamic principles as guiding rules
 No law against Quran &Sunnah
viii) Urdu-Bengali as National languages and English official languages.
ix) Single Citizenship.
Causes of Delay in Constitution Making till 1956
Difference of opinion on Islamic Constitution.
The language problem.
The problem of adequate representation.
Powers- The Provincial Autonomy.
Powers of the President and Assembly.
4
Problem of Form of Govt. (Presidential or Parliamentary)
Negligence of the Muslim League Leaders.
Poor performance & defeat of Muslim League in East Pakistan.
Extra-Constitutional measures or the dissolution of the Constituent Assembly.
The behavior of the Bureaucracy.
Difference of opinion on the issue of Democracy.
One Unit Bill
Electoral system and Minority Rights.
Muslim League’s Causes of Decline
Before 1947, MuslimLeague was a National political movement but after the partition
it merely became political party.
Death of Quaid.
Assassination of Liaquat Ali Khan in 1951.
Divergent interests inside the League.
Muslim League failed to maintain harmonious relations.
Dismissal of Nazim-ud-Din Ministry.
Party leaders accepted high positions.
Internal rivalries forced competent leaders to leave.
Muslim League failed to build up strong organizational loyalties, especially in West
Pakistan.
No educational, moral or ethical code of conduct for political fitness.
Language and cultural barriers prevented politicians to mix together.
Absence of any other political party. (single party system)
After Quaid, Muslim League failed to capture the imagination of young population.
5
Muslim League lost its emotional appeal.
Party cluster around personalities instead of ideology or interest.
MuslimLeague in her tenurefailed to solve problems such as differences b/w Central
Govt. and East Pakistan, Agrarian problems, Economic problems, rehabilitations of
refugees and Constitution making.
Politicians used party as vehicle for personal power, when it was not possible they
abandoned party relations & made new alliances.
Defeat in East Pakistan election in 1954.
Upper level of representatives exclusively came from West Pakistan.
Muslim League had programme of Islamic state or Islamic Ideology.
 Merger of Party leadership and Govt. leadership.
Neglected the problems of the masses.
Coalition Govt.
Imbalanced growth of industry.
Communist elements.
Issue of Qadiani’s
United Front of East Pakistan.
Resignation of Muhammad Ali.
Absence of genuine opposition.
Enactment of One-Unit Bill.
Sledge Hammering Constitution.

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5 constitutional development in pakistan 1947 58

  • 1. 1 Department of History & Pakistan Studies, UoG Constitutional Development in Pakistan 1947-58  Objective Resolution (7 March, 1949):  Allah is the supreme, sovereign and sovereignty belongs to Allah.  The state shall exercise its power & authority through the elected representatives.  The principles of democracy, freedom, equality, tolerance, and social justice as enunciated by Islam will be completely adhered.  Muslimsshall beenablingto evolve their lives individuallyas well as collectively according to the teachings of the Holy Quran & Sunnah.  Minorities would be protected and would be free to profess and practice their religion.  Pakistanwill be Federation,whereProvinces will enjoy autonomy in conformity to national unity & interest.  Adequate provisions shall be made to safeguard the legitimate interests of backward areas and depressed classes.  All basic rights granted to the people of Pakistan.  Judiciary will be free and independent. 2nd Draft of Constitution or Parity Proposals: 22 Dec,1952 by KhawajaNazim-ud-Din Salient Features i) Head of State will be Muslim. ii) Head of State elected by the joint session of the Central Legislature but will not be a member of the legislature. iii) Head of State’s term of office will be 5 years. iv) Federal legislature consist of Two houses
  • 2. 2  House of Units (consists of 120 seats)  House of Peoples (consists of 400 seats)  It shall be equally distributed among East & West Pakistan. v) West Pakistan’s seats further divided to its Provinces. vi) Term of each House shall be 5 years. vii) Both House shall have equal powers. viii) Amendment will be held with the consent of both houses. ix) The Councils of Ministers collectively responsible to the House of Peoples. Muhammad Ali Formula or Proposals 7 Octuber, 1953 Salient Features: i) Central legislature shall consist of Two houses. ii) In upper house membership consists of 50 seats. iii) Lower hose consists of 300 seats divided among the units on the basis of population. 175 each for East & West Pakistan. iv) Vote of confidence in the cabinet or election of the Head of the State decided only in joint sessions.  If President from West Pakistan than P.M must be from East Pakistan. v) Urdu and Bengali would be National language and English as an official language of the country. vi) Controversial issues would be decided in Joint Session. vii) For any matter of consideration 30% acceptance from the both Units East & West Pakistan is mandatory.
  • 3. 3 Constitution of 1956  23 March, 1956  Characteristics: i) Federal in Nature ii) Parliamentary form of Govt. iii) Uni-cameral legislature  The absence of the other House was compensated by the powers of the President. iv) Emergency powers of the President. v) Fundamental Rights. vi) Independence of Judiciary. vii) Islamic color of the Constitution.  Sovereignty of Allah  Name as Islamic Republic of Pakistan  Head of State must be Muslim  Islamic principles as guiding rules  No law against Quran &Sunnah viii) Urdu-Bengali as National languages and English official languages. ix) Single Citizenship. Causes of Delay in Constitution Making till 1956 Difference of opinion on Islamic Constitution. The language problem. The problem of adequate representation. Powers- The Provincial Autonomy. Powers of the President and Assembly.
  • 4. 4 Problem of Form of Govt. (Presidential or Parliamentary) Negligence of the Muslim League Leaders. Poor performance & defeat of Muslim League in East Pakistan. Extra-Constitutional measures or the dissolution of the Constituent Assembly. The behavior of the Bureaucracy. Difference of opinion on the issue of Democracy. One Unit Bill Electoral system and Minority Rights. Muslim League’s Causes of Decline Before 1947, MuslimLeague was a National political movement but after the partition it merely became political party. Death of Quaid. Assassination of Liaquat Ali Khan in 1951. Divergent interests inside the League. Muslim League failed to maintain harmonious relations. Dismissal of Nazim-ud-Din Ministry. Party leaders accepted high positions. Internal rivalries forced competent leaders to leave. Muslim League failed to build up strong organizational loyalties, especially in West Pakistan. No educational, moral or ethical code of conduct for political fitness. Language and cultural barriers prevented politicians to mix together. Absence of any other political party. (single party system) After Quaid, Muslim League failed to capture the imagination of young population.
  • 5. 5 Muslim League lost its emotional appeal. Party cluster around personalities instead of ideology or interest. MuslimLeague in her tenurefailed to solve problems such as differences b/w Central Govt. and East Pakistan, Agrarian problems, Economic problems, rehabilitations of refugees and Constitution making. Politicians used party as vehicle for personal power, when it was not possible they abandoned party relations & made new alliances. Defeat in East Pakistan election in 1954. Upper level of representatives exclusively came from West Pakistan. Muslim League had programme of Islamic state or Islamic Ideology.  Merger of Party leadership and Govt. leadership. Neglected the problems of the masses. Coalition Govt. Imbalanced growth of industry. Communist elements. Issue of Qadiani’s United Front of East Pakistan. Resignation of Muhammad Ali. Absence of genuine opposition. Enactment of One-Unit Bill. Sledge Hammering Constitution.