Lecture No 4.Constitutional Struggle in Pakistan

8/3/2019 Lecture No 4.Constitutional Struggle in Pakistan

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Constitutional Struggle inConstitutional Struggle in

Pakistan.Pakistan.

First Assembly session 10 August First Assembly session 10 August

1947.1947.



Role of AssemblyRole of Assembly

Assemblys responsibility. Assemblys responsibility.

=> Dual purpose.=> Dual purpose.

=> Action as a federal legislature=> Action as a federal legislatureand parliament.and parliament.



Problems faced by the AssemblyProblems faced by the Assembly

Conflicts of Ideology.Conflicts of Ideology.

Clash of Interest.Clash of Interest.

Linguistic and ethnic questionsLinguistic and ethnic questions

Role of minorities.Role of minorities.

R

ole of extremist elements.R

ole of extremist elements.



Clashes over constitutionClashes over constitution

Character of proposed constitution that Islam shouldCharacter of proposed constitution that Islam shouldoccupy in the constitution.occupy in the constitution.

Geographical division of the country and the question of Geographical division of the country and the question of

representation in federal legislature.representation in federal legislature. Distribution of power between federal and provincialDistribution of power between federal and provincial

governments.governments.

The language controversy.The language controversy.

Relationship between Executive and the legislature.Relationship between Executive and the legislature.

Tussle between provincial and parochial tussle.Tussle between provincial and parochial tussle.



First BreakthroughFirst Breakthrough

Constituent Assembly have constituted on 11Constituent Assembly have constituted on 11 August 1947 August 1947

Passed a resolution in March 1949 (ObjectivePassed a resolution in March 1949 (ObjectiveResolution)Resolution)

=> Principles of Democracy.=> Principles of Democracy.=> Freedom.=> Freedom.=> Equality.=> Equality.

=> Social Justice as enumerated by=> Social Justice as enumerated byIslam.Islam.=> Sovereignty of God.=> Sovereignty of God.



Objection over the ObjectiveObjection over the Objective

ResolutionResolution Resolution was discussed in five successive meetings.Resolution was discussed in five successive meetings.

Pakistan National CongressPakistan National Congress--opposition party objectedopposition party objectedthat religion is mixed with politics.that religion is mixed with politics.

Reduce the minority communities to the status of serfs.Reduce the minority communities to the status of serfs.

Main Iftakharuddin has the objection due to economicMain Iftakharuddin has the objection due to economicreason.reason.

S.C Chattopadhaya comments that is Drawers of waterS.C Chattopadhaya comments that is Drawers of water

and hewers of wood.and hewers of wood. Orthodox ulama were also dissatisfied due to great Orthodox ulama were also dissatisfied due to great

emphasis on the rights of nonemphasis on the rights of non--muslims.muslims.



Basic Principal Committee.Basic Principal Committee.

It was made on 12 March 1949.It was made on 12 March 1949.

BPC setup three subBPC setup three sub--committees to examinecommittees to examine

separately certain important issues.separately certain important issues. SubSub--Committees set Committees set--up to frame theup to frame the

constitution.constitution.

Basic Principal Committee gave the report in theBasic Principal Committee gave the report in theconstitution Assembly on 28 sep 1950.constitution Assembly on 28 sep 1950.



Interim Report of Basic PrincipalInterim Report of Basic Principal

Committee.Committee. Report Recommended bicameral federal legislature withReport Recommended bicameral federal legislature with

equal powers vested in both the houses.equal powers vested in both the houses.

Upper house is known as House of Units. Consist of Upper house is known as House of Units. Consist of

equal no. of representatives from all provinces.equal no. of representatives from all provinces. Lower house was expected to give representation onLower house was expected to give representation on

population base.population base.

Head of state was elected by both houses.Head of state was elected by both houses.

Removed the Head of state by the two third majority.Removed the Head of state by the two third majority.



Head of the state was consisted by aHead of the state was consisted by acabinet headed by the prime minister withcabinet headed by the prime minister with

his cabinet.his cabinet. Head of the state will be responsible of Head of the state will be responsible of

both the houses.both the houses.

Same patron was apply in provinces.Same patron was apply in provinces.

Provinces should have single house.Provinces should have single house.

Federal law should be superior.Federal law should be superior.



Objection over Interim Report Objection over Interim Report

It was rejected due to lack of islamic character.It was rejected due to lack of islamic character.

East Pakistan leaders objection.East Pakistan leaders objection.

Report declared that urdu to be the onlyReport declared that urdu to be the onlynational language.national language.

Liaquet Ali khan postpone the constitutionalLiaquet Ali khan postpone the constitutionalprocess.process.

Liaquet Ali Khans murder on 22 Dec. 1952.Liaquet Ali Khans murder on 22 Dec. 1952.



Role of Khawja NazimuddinRole of Khawja Nazimuddin

He presented the consolidated report on 22DecHe presented the consolidated report on 22Dec1952.1952.

Head of the state shall be a Muslim.Head of the state shall be a Muslim. Elected by the Joint session on both the HousesElected by the Joint session on both the Housesof the central legislature.of the central legislature.

Tern is for five years.Tern is for five years.

During his term no action will be taken.During his term no action will be taken. Central legislature shall consist of 120 membersCentral legislature shall consist of 120 members

and the latter 400 members.and the latter 400 members.

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Lecture No 4.Constitutional Struggle in Pakistan