Lecture # 17 Topic: Constitutional Developments in Pakistan I.

Recap of lecture # 16: Topic: Different ruler from 1947-2008Govern Generals of Pakistan• Mohammad Ali Jinnah • Khwaja Nazimuddin • Ghulam Mohammad • Major General Iskander Mirza

Presidents 1. Major-General Iskander Mirza 2. General Mohammad Ayub Khan 3. General Agha Mohammad Yahya Khan 4. Zulfikar Ali Bhutto 5. Fazal Elahi Chaudhri 6. General Mohammad Ziaul Haq 7. Ghulam Ishaq Khan 8. Wasim Sajjad (interim) 9. Farooq Ahmad Khan Leghari10. Wasim Sajjad (interim

Cont.11.Mohammad Rafiq Tarar12.General Pervez Musharraf13. M.Mian Soomro (Care taker)14. Asif Ali Zardari Total: 11 Elected Presidents and 03 Caretake

Prime Ministers of Pakistan

1. Liaquat Ali Khan2. Khawaja Nazimuddin3. Muhammad Ali Bogra4. Chaudhry Muhammad Ali5. Huseyn Shaheed Suhrawardy6. Ibrahim Ismail Chundrigar7. Feroz Khan Noon8. Nurul Amin9. Zulfikar Ali Bhutto

Cont.10 Muhammad Khan Junejo11 Benazir Bhutto12 Nawaz Sharif13 Miraj Khalid14 Zafarullah Khan Jamali15 Shujaat Hussain16 Shaukat Aziz17 Syed Yousaf Raza Gilani18 Raja Pervaiz Ashraf

Background• One of the most uphill task for the newly created Pakistan

was the framing of its comprehensive Constitution. • Both India and Pakistan at their birth adopted Government

of India Act of 1935 with essential amendments as the interim constitution i.e. Parliamentary and Federal in nature.

• Quaid-e-Azam with his vast and strong background of handling legal matters took up this problem with urgency however gravity of other issues compelled him to pay his attention to other matters which delayed this important process of constitution making.

Definition:• Constitution is a basic document which sets out the

framework for governance and exercise of power. It defines the powers of the institutions and sets out the relationship that exists between different state institutions.

• It also describes the powers within which these institutions have to work and what would be the nature of relationship of the individual with the state.

Topic: Constitutional Developments in Pakistan

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Cont.

• A constitution is a set of fundamental principles or established patterns according to which a state or other organization is ruled.

• The term constitution comes through French from the Latin word constitutio, used for regulations and orders.

Sources of Constitution

• Culture• Society• Civilization• History• Religion• Traditions• Political System

Constitution of Pakistan

• Constitution of Pakistan is the supreme law of Pakistan. There have been several documents known as the Constitution of Pakistan.

• The Constitution of 1973 is the existing constitution, which provides for a parliamentary system with a President as head of state and popularly elected Prime Minister as head of government.

• Pakistan has bicameral legislature that consists of the Senate(upper house) and the National Assembly(lower house).

cont.

• It was drafted by the government of Zulfikar Ali Bhutto and, following additions by the opposition parties, was approved by the legislative assembly on April 10, 1973.

• It was Pakistan's first ever constitution by consensus unlike two earlier constitutions, the Constitution of 1956 and the Constitution of 1962.

BALOCHISTAN

Pop: 10.25 mil

Languages: Balochi, Pashtun

Ethnicities: Baloch, Pashtun

SINDH

Pop: 49.98 mil

Languages: Sindhi,Urdu-speaking

Ethnicities: Sindhi,Urdu-speaking

Federally Administered

Northern Areas (FANA)

Pop: 1.8 mil

Languages: Pashto/ Hazara

Ethnicities: Ismaeli, Pashtun/Hazara

Federally Administered Tribal Areas (FATA)

Pop: 5.6 mil

Languages: Pashto, Hazara

Ethnicities: Pashtun, Tribal

PAkHTUNKHWA (NWFP)

Pop: 20.22 mil

Languages: Pashto, Hazara,

Ethnicities: Pashtun, Hazara, Tribal

PUNJAB

Pop: 81.85 mil

Languages: Punjabi, Siraiki

Ethnicities: Punjabi, Siraiki

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Reasons of Delay• It took almost nine years for the two constituent

assemblies to make a constitution for the country.• Following are the main reasons of delay:1. Two wings of Pakistan – East Pakistan and West Pakistan2. Inexperienced politicians3. Clash of Interests4. Debate on state and Islam5. Federal State System

Cont.

6.Cultural and linguistic differences7.Lack of homogeneity between two wings8.Language issue9.Administrative problems10.Influx of refugees11. Politicians personal clashes and differences12. Lack of quality leadership13. Illiteracy 14. Lack of mutual understanding & Tolerance

History of Constitution MakingGovernment of India Act, 1935 with amendments.

• Pakistan became independent from British India in 1947, following its partition. The first document that served as a constitution for Pakistan was the Government of India Act, 1935 with amendments.

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. 3. Dual responsibility of acting as the federal legislature and

constituent assembly. 4. The members however lacked the essential requirements of high

competence, commitment and political experience. 5. Even though Jinnah wanted to improve this situation but his

early demise in 1948 struck another shock to inexperienced Pakistan.

The Objectives Resolution

• The first big step in the framing of a constitution for Pakistan was taken by the Constituent Assembly on 12 March 1949, when it passed a resolution on the 'Aims and Objectives of the Constitution', popularly known as the Objectives Resolution.

• It laid the foundation of the constitution and indicated the broad outline of its structure. The resolution was moved by Liaquat Ali Khan, the first Prime Minister of Pakistan.[

Main Features of Objective Resolution

• Sovereignty of Allah • 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

Basic Principles Committee [1949-1952]

• After the Objectives Resolution was passed in 1949, the Constitution Assembly set up a number of committees to draw the future constitution on the basis of the principles given in the Objectives resolution.

• The committee presented its interim report to the Legislative Assembly in1950. This was a short document presenting the guidelines and principles of the future Constitution of Pakistan

Cont.• 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 a 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.

Parity Proposal (2nd Draft of Constitution) and Muhammad Ali Formula 1953

• Khawaja Nazinuddin presented second draft of constitution in 1952. However the parity proposal was rejected.

• Muhammad Ali claimed that his formula was acceptable to both wings.

• After ten days of the adoption of the final draft of constitution, the first constituent assembly , was dissolved by the Governor –General.

• 2nd Constituent assembly was set up in 1955 and fourth draft was presented and approved in 1956

Cont.

• Pakistan came into being as a free Muslim state in quite unfavorable circumstances, it had no resources, it had to build up its administrative machinery from a scratch.

• But Supreme efforts were made by the Quiad-e-Azam and his colleagues to contend with the situation. His golden principles "Unity Faith and Discipline” gave way to Pakistan for a bright future of a strong and well developed country.

Summary

• Background• Definition of Constitution• Sources of Constitution• Constitution of Pakistan• Reasons of Delay• History of Constitution Making• Government of India Act, 1935 with amendments.

Cont.• Measures Taken by Jinnah • The Objectives Resolution• Basic Principles Committee 1949-1952• Parity Proposal (2nd Draft of Constitution) and • Muhammad Ali Formula 1953• Constitution of 1956

Quotation "The foundation of your state have been laid and it is now for you to build and build as quickly as you can."

Quaid i Azam

In his last message to the nation on 14th August 1948

Thank you