Pak studies

1. Initial Problems & Constitutional
Development of Pakistan
By
Ms.Shabana Siddiqui
Senior Lecturer & QMS Coordinator
School of Public Health, DUHS

2. Students will be able to:
 Interpret the topic and its related knowledge
 Develop curiousness to knowing things
 Develop political sense and interest
 Understand the need of political system of
Pakistan
 Represent and describe the political system
 Answer the verbal quizzes
Objectives

3. 1.Choice of Capital and Establishment of Government
2.Unfair Boundary Distributions
3.The Massacre of Muslim Refugees in India
4.Division of Military and Financial Assets
5.Canal Water Dispute
6.Kashmir Dispute
7.Constitutional Problem
8.Annexation of Princely States
9.Electricity Problem
10. Economical Problems
11. Administrative Problems
Background & Initial Difficulties at
the Establishment of Pakistan

4. Nehru told General Sir Frank Misery in 1945,
 “His deliberate plan would be to allow Jinnah
to have his Pakistan end gradually makes
things so impossible economically and
otherwise for Pakistan that they have to come
on their banded knees and asked to be
allowed back to India.”
 Quaid-e-Azam on 15th August, 1947 said:
"My thoughts are with those valiant fighters in our
cause who readily sacrificed all they had,
including their lives, to make Pakistan possible."

5. 1. Choice of Capital and Establishment of
Government
 Quaid-e-Azam took the office of the Governor General,
Liaqat Ali Khan was appointed as Prime Minister and a
Cabinet of experienced persons was selected.
Arrangements were to be made to bring the officials
who had opted for Pakistan from Delhi to Karachi.
2. Unfair Boundary Distributions
 A boundary commission was set up under a British
Chairman, Sir Cyril Redcliff. He misused his powers
and handed over Muslim majority areas like
Gurdaspur, Ferozpur, and Jullander to India hence
providing them a gateway to Kashmir. Quaid-e-Azam
called it:
" An unjust, Incomprehensible and even perverse
award."

6. 3. The Massacre of Muslim Refugees in India

On the birth of Pakistan, Hindus and Sikhs became more
furious. In a planned move, Muslim properties were set on fire
and they were compelled to leave Bharat for Pakistan with
nothing but their lives. Millions of refugees were killed before
they reached Pakistan. Many migrants were looted and had to
be provided boarding immediately as they reached Pakistan.
4. Division of Military and Financial Assets
 In order to embarrass Pakistan financially, India did a lot
of dishonesty in the matters of Pakistan which were
concerned with its benefits. Pakistan was promised to
get Rs.750 million but the Bharat Government refused
to give .Pakistan received only 200 million. Pakistan
also did not receive the due share of the military assets.
This dishonest attitude put Pakistan into great difficulties

7. 5. Canal Water Dispute
 IWB Dispute occurred on April 1, 1948, when East Punjab in
India discontinued the flow of cannel waters to West Punjab
that became a huge threat of dearth and loss of crops in West
Punjab. West Punjab is a productive land but a hot and dry
climate. Indus river system is source of life in West Punjab
that provides water for more than 26 million acres
 Most of the river flowing in Pakistan have their origin in India.
India stopped water supply to Pakistani canals to damage the
Pakistani agriculture. However on 9th September, 1960 on
agreement called "Indus Basin Treaty" was signed between
the two countries through World Bank. (David Lilienthal, Ayub
Khan and Jawarhar Lal Nehru)

8. 6. Kashmir Dispute
 Kashmir is the natural part of Pakistan because at the time of
partition 85% of the Kashmir's total population was Muslim.
The Hindu Dogra rule, who was secretly with the Government
of India declared Kashmir as a part of India. Pakistan has
continuously insisted that Kashmir must get their right of self-
determination but due to non-cooperation of India, Kashmir
issue still remain unsolved.
7. Constitutional Problem
 At the time of establishment of Pakistan the Government
of India Act 1935 became the working constitution of
Pakistan with certain adaptions.
 Elected constitution assembly was given the task to frame
the constitution for the country. But the assembly failed to
frame a constitution even in eight years.
 Lack of a permanent constitution created, chances of
unscrupulous interference in democratic progress of
Pakistan.

9.  The Muslim Nawab governing Junagadh favoured in acceding
to Pakistan. But Indian Government sent Army troops towards
Junagadh and occupied the State by force in November, 1947.
 Hyderabad Deccan was the largest and richest state ruled by
Muslim leader Nizam who decided to remain independent. But
pressure tactics began to the applied by Indian Government
and Mountbatten. India attacked Hyderabad on 13th
September 1948 and forcibly annexed this state to India.
9.Electrcity Problem
 Due to transfer of Muslim majority areas to Bharat and unfair
demarcation, electricity system of West Punjab was
disrupted ,because all power stations were at Mundi,
Quiad-e-Azam said:
"If we are to exist as a nation ,we will have to face the problems
with determination and force."
8. Annexation of Princely States

10. 10. Other Economical Problems
 Obsolete and outdated agricultural system which added to
the economic backwardness of the areas forming part of
Pakistan.
 The entire capital was in the hands of the Hindus.
Unfortunately, the banks and other financial institutions were
located in Indian territory. The major industries were also in
those areas which were part of India.
 Lake of technical experts and laborers, who operated the
industries, were all Hindus because the Muslims extremely
lagged behind in education and financial capabilities.
 Insufficient system of transportation and communication also
made its adverse affect on economic development of the
country.

11.  The railway system and river transportation in
East Pakistan was in depleted condition.
 The roads were in shabby and irreparable
condition. The communication and transportation
system in West Pakistan, comparatively, was in
better position.
 The power resources in the two wings were rare
and small which were insufficient to meet the
national requirement.
Cont.

12. 11. Administrative Problems
 Govt. of Pakistan could not get enough time to set
up workable administrative machinery because of
the great difficulties created by Congress. The
Indian Government adopted delaying strategies in
transferring the Government servants and official
record which aggravated the situation.
 Therefore the immediate task before the nation was
to establish a workable administrative and
Government machinery to run the affairs of the
newly born state.

13.  Shortage of competent and experienced employees in the Central
and Provincial Governments on administrative level
 Furthermore, there weren't enough chairs, tables or even
stationary and paper pins for administrative purposes.
In these unfavorable circumstances Quiad-e-Azam and his
colleagues to grapple the situation .His golden principles "Unity "
"Faith" and "Discipline" gave way to Pakistan for a bright future of
a strong and well developed country .
In his last message to the nation on 14th August 1948, he told the
nation:
"The foundation of your state have been laid and it is now for you to
build and build as quickly and as you can."
Cont.

14. Measures Taken by Jinnah :
 Appointed the first constituent assembly of
Pakistan in August 1947 :
1. 69 members elected in 1945-46 election.
2. 10 members were included from princely states.
 Dual responsibility of acting as the federal
legislature and constituent assembly.
 The members however lacked the essential
requisites of high competence, commitment and
political experience. Even though Jinnah wanted to
improve this situation but his early demise in 1948
struck another blow to fledgling Pakistan.

15. Liaquat Ali Khan
and his Objectives
Resolution of 1949
 Objectives resolution was passed by the Constituent
Assembly on 12th March 1949 while Liaquat Ali Khan was
the Prime Minister and Khawaja Nazimuddin was the 2nd
Governor General at the time.
 Liaquat Ali Khan explained the context of the resolution in
his speech delivered in the Constituent Assembly on
March 7, 1949.

16. Main Features of Objective Resolution :
 Sovereignty of Allah and all authority should be
delegated to the State trough its people under the rules set
by Allah
 State should exercise its powers through the chosen
representatives
 Democracy: Elected representation
 Federal Republic based on Islamic Principles, justice, equality and
tolerance with an independent judiciary plus protection of
minorities
 Muslim way of life according to teachings of Quran and Sunnah
 Fundamental rights including equality of status, of opportunity
and before law, social, economic and political justice, and freedom
of thought, expression, belief, faith, worship and association,
subject to law and public morality should be given to all the
citizens of the state.

17.  Integrity of the territory and sovereignty of the country was to
be safeguarded
 The people of Pakistan may prosper and attain their rightful
and honored place amongst the nations of the world and make
their full contribution towards international peace and progress
and happiness of humanity.
 After sharp criticism by religious scholars a basic principles
committee was setup to review the recommendations however
the report was subject to widespread criticism over its
recommendations in East and West Pakistan.
 Political crisis developed as the Prime Minister Liaquat Ali
Khan was assassinated in 1952.,
 After three year delay general elections were held on 21st June
1955. Assembly met on 7th July 1955. Finally the first
constitution was promulgated by the second constituent
assembly on 23rd March 1956.

18. Constitution of 1956 (23 March 1956-7 Oct
1958) by Chaudhary Muhd Ali (PM)
Main Features:
 Name: Islamic Republic of Pakistan
 234 articles divided in 13 parts
 Parliamentary Republic in Nature
 President to be a Muslim
 President to be elected by National Assembly and
Provincial Assemblies
 President to appoint Prime Minister and Cabinet elected
by the National Assembly
 Equal seats for East and West Pakistan in the legislative
Assembly
 President could dissolve National Assembly on the
advice of the Prime Minister
 Urdu and Bengali were national languages

19.  2/3rd majority required to pass any bill and amend the
constitution.
 Principles of provincial autonomy and independence of judiciary
were also incorporated.
 Islamic provisions that guaranteed legislations of laws in
accordance of Islamic injunction.
 However this constitution was opposed by Sikander Mirza for its
Islamic provisions and provincial autonomy.
 The martial law was imposed after two and an half years on 7th
October 1958 by Ayub Khan and abrogated the constitution of
1956
 The 1958 Pakistani coup d'état refers to the events between October
7, when the President of Pakistan Iskander Mirza abrogated the
Constitution of Pakistan and declared martial law, and October 27,
when Mirza himself was deposed by Gen. Ayub Khan, the
Commander-in-Chief of the Pakistani Army..

20. Constitution of 1962 :
 General Ayub Khan wanted to introduce a controlled and limited
democracy as he believed that western style democracy did not suit
Pakistan. Therefore he introduced the constitution of1962 on 1st March
thereby abrogating the previous constitution. Enforced on 8 June 1962
and Marshal Law was finished.
 Main Features of 1962 Constitution :
 Written constitution
 Federal constitution
 Basic Human Rights
 National Language(Urdu and Bengali)
 Presidential form of Government.
 Basic Democracy
 Principle of maximum provincial autonomy, equality of mankind,
independence of judiciary, rights of minorities.
 Islamic advisory council was constituted to advise govt. over Islamic law
making.

21. Failure of Constitution 1962
 In 1968 and 1969 agitation started against of
Ayub Khan and his Presidency
 Enforced Parliamentary system and
democratic constitution
 As the result of this powerful movement on
25 March 1969 Ayub Khan resigned and
transfer his power to the commander in chief
Yahya Khan who abrogated the constitution
of 1962 and enforced Marshal Law

22. Constitution of 1973
 The 1962 constitution was abrogated with the resignation of
General Ayub Khan . A new constitution was approved on 14th
august 1973 with overwhelming majority under the office of the
then Prime Minister, Z.A.Bhutto.
 Main Features
 Parliamentary form of Govt.
 280 Articles and 7 Schedules
 Prime Minister as the head and real executive of government,
Ordinances to be counter signed by the Prime Minister
 Bicameral legislature
 Independence of judiciary
 Urdu as national language
 Provincial autonomy guaranteed residuary powers given to the
provinces
 A clear and definite definition for Muslim was given.
 An Islamic ideology council was set up for framing of Laws for
Islamic injunctions.

23. Amendments in the 1973 Constitution.
 Zia-ul-Haq’s Islamization process of 1977.
 8th amendment and political crisis due to it which
resulted in dissolution of assemblies and Governments
(e.g. Junejo, Benazir and Nawaz Sharif)
 Nawaz Sharif 13th amendment.(restoration of 1973
constitution in its original form)
 Pervaiz Musharaf 17th amendment.(restoration of 8th
amendment with extra powers for the President)
 Yousuf R Gilani18th amendment.(curtailment(‫)زوال‬ of
Presidential powers 58-2b and appointment of Army
heads, governors etc)

24. INTRODUCTION

On 7th April,1972 the national assembly of Pakistan appointed a
committee to prepare a draft of the permanent constitution of
Pakistan.
 A bill to provide a constitution was introduced by the committee
in the Assembly on February 2,1973.
 The Assembly passed the bill on 19th April,1973 and at last the
constitution came into force on 14th August 1973.
 The present constitution (1973) provides for the protection and
preservation of Islamic Concept of life. It also attempts to
propagate and implement the basic teachings of Islam.
ISLAMIC PROVISIONS OF 1973
CONSTITUTION

25.  Islamic provisions of 1973 constitution based on the
principles of Holy Quran and Sunnah.
1. Islamic Republic of Pakistan
Pakistan shall be known as "Islamic Republic of
Pakistan".
2. State Religion
Islam shall be the state religion of Pakistan.
3. Sovereignty Belongs to Allah
Sovereignty over the entire Universe belongs to Almighty
Allah and the authority bestowed by him on men is a sacred
trust which the people of Pakistan will exercise with the limits
prescribed by Quran and Sunnah.
ISLAMIC PROVISIONS OF 1973
CONSTITUTION

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4.Definition of a Muslim
The constitution also gives the definition of a Muslim.A
person who believes in Tauheed or Oneness of Allah,
and in the prophet hood of Hazrat Mohammad (P.B.U.H)
as the last prophet of Allah has described as a Muslim.
5.A Muslim to be a President and Prime Minister
The constitution laid down that only Muslims shall be
elected president and Prime Minister of Pakistan. Non
non-Muslim could hold these offices.
6.Islamic way of life
Steps shall be given to enable the Muslims of Pakistan
to order their lives in accordance with the fundamental
principles and basic concepts of Islam.

27.  7.Promotion of Social Justice and Eradication of
Social Evils
The State shall take necessary steps for prosecution
of social justice and eradication of social evils and
shall prevent prostitution , gambling and taking of
injurious drugs , printing ,publication , circulation and
display of obscene literature and advertisements.
 8.Teachings of Holy Quran
The state shall try to make the teachings of Holy
Quran and Islamiat compulsory to encourage and
facilitate the learning of Arabic language.
 9.Strengthing Bond, with Muslim World
The state shall endeavor to strengthen fraternal
relations among Muslim countries in order to promote
Islamic unity.
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28.  10.Council of Islamic Ideology
There is a council of Islamic Ideology which shall guide the
government in respect of Islamic teachings , their
implementation and propagation . Its chairman and members
are appointed by President . Although its advice is not
binding on the government yet it is not easy for any
government to ignore or over rule its suggestion or opinion
regarding any law.
 11.Error Free Publication of Quran
The government shall endeavor to secure correct and exact
printing and publishing of the Holy Quran.
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29.  12.Oath to Project and Promote Islamic Ideology
The federal and Provincial Ministers , the Speaker and Deputy
Speaker of the National and Provincial Assemblies , the
chairman of the Senate and the Governors and Chief Ministers
of the Provinces also take oath to preserve and protect the
Islamic Ideology.
 13.Ahmadi's A Non Muslim Minority
According to the second amendment of 1973 constitution, the
Qadiani group or the Lahori group who call themselves
"Ahmadi's " were declared as Non-Muslim minority.
 CONCLUSION
The 1973 constitution enlisted the main principles of State
Policy Maximum efforts were made to improve the character of
this constitution . Like other constitutions,1973 constitution of
Pakistan also provides for the protection , propagation and
enforcement of Islamic Ideology.
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