1947 to 1958.pptx.Point on Pakistan (1947-1948)

Point on Pakistan (1947-1948)

1. Government and politics in Pakistan PREPARED BY ZUNERA MEMON

2. CONTENTS INTRODUCTION OBJECTIVE RESOLUTION 1949 THE BASIC PRINCIPLE COMMITTEE MUHAMMAD ALI BOGRA FORMULA DISSOLUTON OF FIRST CONSTITUENT ASSEMBLY MAULVI TAMEEZ UD DIN KHAN CASE ELECTIONS OF SECOND CONSTITUENT ASSEMBLY ONE UNIT SCHEME CONSTITUTION 1956

3. INTRODUCTION On 3rd June1947, Lord Mountbatten, the last Viceroy of India, called the conference of all the leaders of the Sub-continent and communicated to them his Government's Plan for the transfer of power. At that time, a notification was issued in the Gazette of India, published on 26th July 1947 in which the first Constituent Assembly of Pakistan was given shape with 69 Members (later on the membership was increased to 79), including one female Member. FUNCTIONS OF FIRST CONSTITUENT ASSEMBLY I ) as the legislative body of the country and; to frame the first constitution of Pakistan. The State of Pakistan was created under the Independence Act of 1947. The Act made the existing Constituent Assemblies, the dominion legislatures. These Assemblies were allowed to exercise all the powers which were formerly exercised by the Central Legislature, in addition to the powers regarding the framing of a new Constitution, prior to which all territories were to be governed in accordance with the Government of India Act, 1935. The first session of the first Constituent Assembly of Pakistan was held on 10th August 1947 at Sindh Assembly Building Karachi. On 11th August 1947 Quaid- i - Azam Muhammad Ali Jinnah was elected unanimously as the President of the Constituent Assembly of Pakistan and the National Flag was formally approved by the Assembly .

4. INTRODUCTION On 12th August 1947, a resolution was approved regarding officially addressing Mr. Muhammad Ali Jinnah as "Quaid- i - Azam Muhammad Ali Jinnah". On the same day, a special committee called the "Committee on Fundamental Rights of Citizens and Minorities of Pakistan" was appointed to look into and advise the Assembly on matters relating to fundamental rights of the citizens , particularly the minorities, with the aim to legislate on these issues appropriately. On 14th August 1947 , the Transfer of Power took place. Lord Mountbatten, Governor General of India, addressed the Constituent Assembly of Pakistan. The Quaid gave a reply to the address in the House, on which the principles of the State of Pakistan were laid. On 15th August 1947 , Quaid- i - Azam was sworn in as the first Governor General of Pakistan. Mian Sir Abdur Rashid, Chief Justice of Pakistan , administered oath of office from him. The Quaid remained in this position till his death i.e. 11th September 1948 .

5. PAKISTAN OBJECTIVE RESOLUTION The foremost task before the first Constituent Assembly is of framing the Constitution for the nation. On 7th March 1949, the Objectives Resolution, which now serves as the grund norm of Pakistan, was introduced by the first Prime Minister of Pakistan Nawabzada Liaquat Ali Khan, and later adopted by the Constituent Assembly on 12th March 1949. On the same day, a Basic Principles Committee comprising of 24 Members was formed to prepare a draft Constitution on the basis of the Objectives Resolution. On 16th October 1951, Prime Minister Nawabzada Liaquat Ali Khan, mover of the Objective Resolution, was assassinated and Khawaja Nazim ud din took over as the Prime Minister on 17th October 1951.

6. PAKISTAN OBJECTIVE RESOLUTION Sovereignty of the entire Universe belongs to Allah Constitution of Pakistan should be framed by the Constituent Assembly State should exercise its powers through the chosen representatives Principles of democracy, freedom, equality, tolerance and social justice, as inshore by Islam should be followed Muslims shall live their lives according the teaching of Quran and Sunnah Minorities can freely profess and practice their religion. There should be Federal form of government with the maximum autonomy for the Units 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. It would be the duty of the state to safeguard the interests of minorities, backward and depressed classes. Independence of judiciary should be guaranteed 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.

7. IMPORTANCE OF OBJECTIVE RESOLUTION It occupies a unique position in the constitutional history of Pakistan. It is considered the Magna Carta in the constitutional making of Pakistan. It is included as important part in the preamble of all the constitution of Pakistan. HAMID YOUSUF PAKISTAN A STUDY OF POLITICAL DEVELOPMENTS 1947-1997 “It was the first major step towards the framing of the constitution” ASSURANCE OF FUNDAMENTAL RIGHTS PROTECTION OF MINORITY RIGHTS AUTONOMY OF THE PROVINCES INDEPENDENCE OF JUDICIARY SUCCESS OF ISLAMIC SOCIETY

8. BASIC PRINCIPLE COMMITTEE The Basic Principles Committee was established on 12 th  March 1949 by Khawaja Nazimuddin on the instruction of Prime Minister Liaquat Ali Khan. This committee had 24 members and was headed by Khawaja Nazimuddin and Liaquat Khan was its vice president. Immediately after the passing of this Resolution, the CAP appointed a Committee — the Basic Principles Committee— consisting of 24 members (21 Muslims and 3 non-Muslims) to frame the Constitution. The BPC appointed a Steering SubCommittee to report on the scope, functions and procedure of the Committee. Consequently, three sub-committees were appointed to make recommendations on the subjects assigned to them: the Sub-Committee on Federal and Provincial Constitutions and Distribution of Powers; the Sub-Committee on Franchise; and the Sub-Committee on Judiciary. On the suggestion of Shabbir Ahmad Usmani , the CAP also decided to set up a Board of Ta’limat -e Islamia , consisting of five members, to advise on matters arising out of the Objectives Resolution or on such matters as might be referred to them by the BPC or any other Committee or Sub-Committee

9. INTERIM REPORT OF BASIC PRINCIPLE COMMITTEE On 28 September 1950, the Prime Minister, Liaquat Ali Khan, presented an Interim Report of the BPC to the CAP. According to the Report, The Objectives Resolution was to form a part of the Constitution as the ‘Directive Principles of State Policy’. The State of Pakistan was to be a federation of provinces . The bicameral central legislature was to consist of a House of Units (Upper House), and a House of the People (Lower House). The former was to be a representative institution of the provinces elected by the provincial legislatures on the basis of equality, while the latter was to be elected by the people on the basis of adult franchise. The life of both the Houses was to be five years and both were to enjoy equal powers . However, in the case of budget or money bills the decision was to be arrived at by a joint session of the two Houses. The Head of the State , too, was to be elected by a joint session and was to hold the office for a term of five years. During his tenure he was to act on the advice of the Prime Minister, even on a matter like the dissolution of the legislature.

10. . The Federal Legislature was, however , empowered to remove the Head of the State on specific charges . The Interim Report also recommended that each province should have its own legislature , elected on the basis of adult franchise . The life of a provincial legislature was also to be five years . The Head of the Province(Governor) was to be appointed by the Head of the State for a term of five years . He was to act on the advice of the Chief Minister of the province concerned on all matters. The quorum for a meeting of the provincial or central legislature was one-seventh of the total number of members of the respective legislature.

11. CRITICISM ON 1 ST REPORT Reaction from East Pakistan Little about Islam Ultimately rejected Criticism on only making of urdu as a national language

12. Governor Generals and Prime Ministers Quaid e Azam ( 15 August 1947 - 11 September 1948) Khawaja Nazim Ud Din( 14 September 1948 -17 October 1951) Malik Ghulam Muhammad( 17 October 1951-October 1955) Sikandar Mirza( 6 October 1955 -23 March 1956) Liaquat Ali Khan( 14 August 1947 – 16 October 1951) Khowaja Nazim Ud Din( 17 October 1951 – 17 April 1953) Muhammad Ali Bogra ( 17 April 1953 – 12 August 1955) Chaudhary Muhammad Ali( 12 August 1955 – 12 September 1956)

13. SECOND REPORT

14. CRITICISM ON SECOND REPORT Like the first report this was also criticized, but this time criticism arose from Punjab which considered the federal formula to be defective . They demanded equal representation for various units in lower house and equal power for both Houses . The Punjab members in the Basic Principles Committee and the Federal Cabinet disliked the formula because they felt East Pakistan would easily dominate West Pakistan which had been divided into nine units. As yet, Pakistan had no official language, although Urdu had been suggested under the Quaid and had much government support. Due to the political crisis, on 17 th April 1953 (date according to Nigel Kelly ) Ghulam Muhammad dismissed Khawaja Nazimuddin and three other members of the Cabinet . Ghulam Muhammad said that: ‘ I have been driven to the conclusion that the Cabinet of Khawaja Nazimuddin has proved entirely inadequate to grapple with the difficulties facing the country.’ East Pakistan was given upper hand Activation of de-stabilizing forces 1953 dismissal of the cabinet (dismissal of Khawaja Nazimuddin’s government)

15. Maulvi Tameez Ud din khan Case vs Federation of Pakistan Introduction Pakistan became independent on 14 august 1947 Had not a permanent constitution Temporary constitution(Indian act 1935 & Indian Independence act 1947) Constituent Assembly------2 tasks To frame the constitution Function as a Legislative assembly

16. Background How it Dissolved? In 1953 PM Khowaja Nazim Ud Din In 1953 Governor General(President Now) Malik Ghulam Muhammad 1935 (Interim constitution)Article no 10 (GG have powers to dismiss PM) Malik Ghulam Muhammad dismissed Khowaja Nazim Ud Din & appointed Muhammad Ali Bogra as a PM(diplomatic representative of Pakistan in USA) Muhammad Ali Bogra:GG could dismiss him. After took oath of office on 17 th  April 1953 he wanted to amend in constitution Article no 10 (GG have powers to dismiss PM) Repealed Article no 10 Introduced Article no 223 A(writ Jurisdiction of Court)

17. Governor General approval was necessary for the amendment PM didn’t consult with GG and amended by his own Clashes started b/w GG & PM

18. Dissolution Of 1 st Constituent Assembly Governor General Malik Ghulam dissolved 1 st Constituent assembly on 24 oct 1954 & also formed a new cabinet President Maulvi Tameez ud din Challenged the case in the court of law & filed a 2 Writ Petition Writ Of Mandamas Restrain Government from interfering into the affairs of CA and restore CA II. Writ Of Quo Warranto under what authority GG formed 2 nd CA

19. SINDH HIGH/CHIEF COURT Full bench of SHC decided unanimously GG had no powers to dissolve the CA because CA is a sovereign body and formed for the specific purpose (constitution making) it will function till purpose doesn’t accomplish For dissolution GG should have 2/3 majority. SHC valid the amendments proposed by PM. GG assent not necessary for every amendment SHC restore CA in 1955

20. FEDERATION OF PAKISTAN GG and other members challenged in Federal court of Pakistan. Federal court of Pakistan rejects SHC decision. GG is the constituent part of legislature therefore every act pass by CA required the assent of GG Federal court of Pakistan void both amendments proposed by PM Federal court of Pakistan gave the decision in the favour of GG.

21. Malik Ghulam Muhammad's Governor- Generalship Bureaucrat Malik Ghulam Muhammad was the third Governor-General of Pakistan. He took office of Governor General on 19 th October 1951 . He remained in the office till 05 th October 1955 . Khawaja Nazimuddin became Prime Minister of Pakistan on 19 th October 1951 . Pakistan faced political instability during the Governor-Generalship of Ghulam Muhammad. Proponents of Bengali Language were killed. Mini-Martial Law was imposed in Lahore on 06 th March 1953 to suppress the Tehreek-e­ Khatam-e- Nabuwat against Sir Zafarullah Khan. He dismissed PM Khwaja Nazim Uddin on 17 th April 1953 . He appointed Muhammad Ali Bogra as PM who gave his Bogra formula in October 1953 . He had complete favor of Army chief Ayub khan and he also appointed him as a defence minister .

22. In August 1955, health condition of Malik Ghulam Muhammad deteriorated and Iskandar Mirza became the acting Governor-General. Iskandar Mirza dismissed PM Muhammad Ali Bogra in August 1955 and appointed Chaudhary Muhammad Ali as the new Prime Minister. Pakistan also joined Baghdad Pact on 23 rd September 1955 , later renamed as Central Treaty Organization (CENTO) when Iraq withdrew. (UK, Turkey, Iran, Iraq and Pakistan "US singed agreements with each country in this pact) It was Malik Ghulam who brought army into civil government by appointing Army Chief Ayub Khan as Minister of Defence for Pakistan. Ghulam Muhammad was sent on medical leave and then forced to resign as Governor­ General.  

23. MUHAMMAD ALI BOGRA FORMULA When Muhammad Ali Bogra became the Prime Minister of Pakistan, the main task ahead of him was to achieve an agreement on a workable constitution for the country. He worked hard on this project and within six months of assuming power, came out with a constitutional formula. He presented the formula to the Constituent Assembly on 7th October 1953 and it is known as the Bogra formula .

24. The major features of the formula were: The federal legislature would comprise of two houses The House of Unit Total seats:50 For west Pakistan= 40 For East Pakistan= 10 2.The house of people Total seats=300 West Pakistan= 135 East Pakistan= 165 It maintained the principle of parity between East and West Pakistan in combined Houses, with 175 seats for each zone. So in total, both the wings were to have 175 seats each in the two Houses of the Legislative Assembly. East: 10 + 165 =175 West :40 + 135 =175

25. In case of a difference of opinion between the two Houses, a joint session of the two Houses would be called and the matter would be decided by a majority vote, provided that the majority included thirty percent of the members from each zone. In place of the Board of Ulama , the Supreme Court was given the power to decide if a law was in accordance with the basic teachings of the Holy Quran and Sunnah. Bengali and Urdu would be the national languages of Pakistan The Bogra Formula was appreciated by different sections of the society. There was great enthusiasm amongst the masses as they considered it to be a plan that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the country. The proposal was discussed in the Constituent Assembly for 13 days, and a committee was set to draft the constitution on 14th November 1953. However, before the constitution could be finalized, the Assembly was dissolved by Ghulam Muhammad, the then Governor General of Pakistan.

26. FORMATION OF SECOND CONSTITUENT ASSEMBLY The second Constituent Assembly of Pakistan was created on 28th May 1955 under Governor General's Order No.12 of 1955. The Electoral College for this Assembly was the Provincial Assemblies of respective Provinces. The strength of this Assembly was 80 Members , half each from East Pakistan and West Pakistan . One of the major decisions taken by this Assembly was the establishment of West Pakistan (One Unit), with the aim to create parity between the two wings (East and West Pakistan). This Assembly also achieved its target by giving the first Constitution to the nation i.e. the Constitution of Pakistan 1956. Chaudhary Muhammad Ali was the Prime Minister at that time. The draft of this Constitution was introduced in the Assembly on 9th January 1956 and was passed by the Assembly on 29th February 1956. The assent was given on it by the Governor General on 2nd March 1956. This Constitution was enforced with effect from 23rd March 1956. Under this Constitution, Pakistan became an Islamic Republic, hence 23rd March became our Republic day. It was the same day in 1940 that the historic Pakistan Resolution was adopted at Minto Park, Lahore.

27. THE CONSTITUTION MAKING: One Unit scheme helped the task of constitution making to achieve successfully. The previous committee’s work helped the new Assembly that completed its work and presented it in the 2nd Constituent Assembly on 9 th January 1956. With certain amendments, it was approved on January 29, 1956 On March 23, 1956, it was promulgated as Constitution of Pakistan. With this, Pakistan had finally become an Islamic Republic.

28. CONSTITUTION 1956 On 5th March 1956 , Major General Iskandar Mirza became the first elected President of Pakistan. The 1956 constitution provides for Parliamentary form of government with all the executive powers in the hands of Prime Minister . President was Head of the State and was to be elected by all Members of the National and Provincial Assemblies . He was to hold office for 5 years . The President was to act on the advice of Prime Minister , except where he was empowered to act in his discretion. Under 1956 Constitution, Parliament was unicameral.  Legislative powers vested in the Parliament, which consisted of the President and the National Assembly comprising 300 Members divided equally between East and West Pakistan. In addition to these 300 seats, 05 seats were reserved for women for each of the two wings, for a period of ten years: thus, bringing the total membership of the House to 310.

29. FEATURES OF CONSTITUTION 1956 The main points of this constitution are as follows: Pakistan was to be federal republic based on Islamic Ideology. A detailed and comprehensive list of fundamental rights with an Independent Judiciary was provided in the constitution. The system of the parliamentary form of government was adopted both at the Centre and in the provinces . There was distribution of powers between the Centre and the provinces. There was a special procedure to be adopted for the amendment of the constitution , yet it was the least rigid constitution . It was reasonably flexible. It had provided for two National languages Urdu for the West Pakistan and Bengali for the East Pakistan Instead of double citizenship , one citizenship system was provided for the Federation of Pakistan. The constitution was silent as to be method of conducting elections both for the Central and the Provincial legislatures.

30. Islamic Provisions of 1956 Constitution The name of the country will be Islamic republic of Pakistan. The preamble of the constitution embodied the sovereignty of God Almighty. The Head of the State shall be a Muslim. Islamic Advisory Council shall be set up. No Law detrimental to Islam shall be enacted

31. PRESIDENT a PRIME MINISTER CABINET NATIONAL ASSEMBLY One house of parliament, with 300 members elected by adults over 21 years. PROVINCIAL ASSEMBLY A body for East Pakistan. A single ‘one unit’ body for the 4 provinces of West Pakistan Elected as before FEDERAL and PROVINCIAL COURTS Islamic Committee now + right of veto on legislation Powers : Chooses Prime Minister, can impose emergency, can dissolve the National Assembly Restrictions : Muslim, over 40, PM must be from National Assembly, dissolving of NA only on advice of PM Powers : Chooses Cabinet Restrictions: Cabinet must be from National Assembly Powers: Advises President Restrictions: Advises only 1956 CONSTITUTION – GOVERNMENT STRUCTURES JUDICIARY

32. Declaration of Martial Law in 1958 The Fourth crisis came on October 7 , 1958, (less than three years after the Constitution of 1956 came into force on 23 March 1956), when lskander Mirza, with the support of the army, declared Martial Law for the first time, dismissed the Central and Provincial Cabinets and dissolved the National and provincial Assemblies and abrogated the Constitution of 1956. Simultaneously General Mohammad Ayub Khan, Commander-in-Chief of the Pakistan Army was appointed the Chief M artial Law Administrator. The proclamation of Martial Law in October 1958 paved the way for the Constitution of 1962.

33. MARTIAL LAW However, in the absence of any law to control the Political Parties and the problem of floor crossing, political instability perpetually ensued. Although the first general election were scheduled for early 1959, President Sikandar Mirza abrogated the Constitution, dissolved the National and Provincial Assemblies, and declared Martial Law, on 7th October 1958. He appointed General Muhammad Ayub Khan, Commander-in-Chief of the Army, as the Chief Martial Law Administrator. Twenty days later on 27 th October 1958, Ayub Khan overthrew Mirza and assumed the office of the President as well. On 27th October 1958 General Muhammad Ayub Khan took-over as a second President of Pakistan. One of the first major steps taken by General Ayub Khan was the appointment of a Constitution Commission on 17th February 1960. The objective of this commission was to submit proposals, as to how best democracy can be strengthened and molded according to the country’s socio-political environment and Islamic principles of justice. The Commission submitted its report to the government on 29th April 1961. On the basis of this report a new Constitution was framed and given to the nation on 1st March 1962.