constitutional development of Pakistan 947-1956

2. Constitutional &
Political
Development in
Pakistan 1947-1956

3.  24th March 1940 – Demand for
Separate Homeland was proclaimed.
 Indian Independence Act 1935, with
certain adaptations and modifications,
became the interim constitution of
Pakistan

4.  A new constituent Assembly was setup
for framing of the constitution for the
state.
 India was successful in framing a
constitution by 1950-51

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7.  Quaid-e-Azam’s Death
 Liaquat Ali Khan’s Death
 Islamic Ideology and Principles
 Wes-East Pak
 The inordinate delay in producing a stable political order
under which the people of the two wings East and West
Pakistan – could participate in Decision Making Process
on important national issues, was a major factor for the
failure of National Integration in Pakistan.

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 (UPPER HOUSE)
 THE LOWER HOUSE

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13. Strong Protest against First Draft, East
Pakistan.
Great disappointment, deep criticism.
Incomplete constitutional structure.
Rejected based on Islam.
Urdu as the only National Language
Population – East Pakistan
Liaquat Ali Khan Assassination 1951.

14.  Khuwaja Nazimuddin (Second Prime-
Minister)
 Presented the Second Draft Dec. 1952.

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16. 5. West Pakistan share of its seats was to be
further divided amongst its provinces
according to population
6. Term of each house shall be 5 years
7. Both houses shall have equal powers
8. Constitution shall be amended with the
agreement of both central and provincial
legislatures.
9. Council of ministers was to be responsible
collectively to the ‘house of the people’.

17. BPC report was popularly known as Bengali-
Punjabi Crisis report.
Biggest drawback of this report was that it
diverted people’s thinking and made it move
in provincial grooves, as if the people had
never entered the mainstream of Pakistan
movement.
Ulema Board – another point for criticims

18. Mian Mumtaz, M.Khan Doltana, MA
Gurmani, And Ch. Nazir Ahmed refused to
put signs on the draft.
Finally, constituent Assembly, postponed its
deliberations for an indefinite period.
The process of constitution-making was
greatly affected by the scramble for powers
among the politicians.

19.  April 1953, removal of Khuwaja
Nazimuddin.
 Mr. Muhammad Ali Bogra, Pak-
Ambassador in the USA was called back
and appointed the new Prime-Minister.
(Muslim-League elected him as a Leader of
the parliament).

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21.  Bogra announced date for promulgation of the new
Constitution on 25th December, 1954.
 The first Constituent Assembly, was not allowed to
complete its mission.
 Governor General – dissolved it within 10 days of its
adoption.
 Legal disputes and crisis

22.  Muslim league defeated in General Election in East
Pakistan.
 Constituent Assembly's decision
• Replaced PRODA Act of 1948-1949 on 20th
September, 1954.
• Powers to remove corrupt & inefficient
ministers
• Powers to Governor General to dismissing
the government.
• G.Mohd (GG) dismissed Nazimuddin
Ministry under these clauses.

23. Governor General issued a proclamation
declaring a state of emergency throughout
Pakistan and dissolved the Assembly in
October 1954.
Governor General – Highest executive
authority of the country.

24. But Assembly did not surrender easily.
Maulvi Tamiz-ud-din, Speaker of the dissolved
Assembly challenged the order of the Governor
General and filled a petition before Sindh High
Court.

25. Sindh High Court,
The Supreme Court of Pakistan, in favor of Governor-
General.
• Malik Ghulam Muhammad, G.G, formed a new
cabinet.
• Brought General Ayub Khan in the cabinet and paved
the way for military.

26. 1955, Second constituent Assembly was
setup.
80 members, full authority of legislation
Ch. Muhammad Ali, P.M
Bogra was sent back to USA as Pak-
Ambassador.
abolished old sub-divisions and the
provinces into ONE UNIT
23rd March 1956, Pakistan was declared a
Republic.

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33. Political instability was still there.
No elections till 1958
Principle of Parity – great resentment in East
Pakistan.
 1958 Martial Law was declared.
 General Ayub Khan, C-In-C of the Army, took
over the Government and became the head of
the state on 27th October, 1958.

34.  Ayub, setup a Constitutional Commission under
Justice Shahuddin to suggest recommendations
for the new constitution in the country.
 Commission, submitted report in May 1961.
 Report was examined by President.

35. Report highlighted reasons of failure of democracy in
Pakistan b/coz
• Lack of dedicated leadership
• Absence of well organized political parties.
• In view of Recommendations of the commission, a new
constitution was framed by a constitutional body which was
neither elected nor did it enjoy popular support.
• The constitution was thrust upon the people in an
undemocratic and authoritarian manner.