CONSTITUTIONAL DEVELOPMENT IN PAKISTAN NOOR SHAMS-UD-DIN SHAMS AKHSS

CONSTITUTIONAL DEVELOPMENT IN PAKISTAN NOOR SHAMS-UD-DIN SHAMS AKHSS KURAGH

? ? ? l WHAT IS CONSTITUTION? l WHAT DO WE MEAN BY CONSTITUTIONAL DEVELOPMENT? l WHAT IS THE IMPORTANCE OF CONSTITUTION?

LAW INTERNATIONAL LAW NATI 0 NAL LAW COMMON LAW CONSTITUTIONAL LAW PRIVATE LAW PUBLIC LAW GENERAL LAW CRIMINAL LAW ADMINISTRATIVE LAW CIVIL LAW

1 ST CONSTITUENT ASSEMBLY l l l 10 TO 14 AUGUST INAGURAL SESSION (Mr. JN Mandal) MEMBERS: 69………. 74… (ML 59) FUNCTIONS l l TO PREPARE CONSTITUTION TO ACT AS CENTRAL LAGISLATURE

OBJECTIVES RESOLUTION l l l (12/03/1949) SOVEREIGNTY BELONGS TO ALLAH DELEGATED TO PEOPLES…EXE BY THEIR CHOOSEN REPS WITHEN THE LIMIT OF ALLAH AS SECRAD TRUST OF HIM PRICIPLE OF DEMOCRACY , FREEDOM, EQULITY, TOLERANCE AND SOCIAL JUSTICE AS ENUNCIATE BY ISLAM SHALL B FULLY OBSERVED. GOVT ‘LL PLAIN GROUND FOR MUSLIMS TO PASS THEIR LIVES ACCORDING TO ISLAM. FREEDOM TO MINORITIES. INDEPENDENCE OF JUDICIARY.

BASIC PRINCIPLES’ COMMITTEE l l l TO WORK OUT THE DETAILS OF THE CONSTITUTION ON THE PRINCIPLES AS LAID DOWN IN OR. 24 MEMBERS ND CAN CO-OPT 10 FROM OUTSIDE AS WELL BPC ESTABLISHED: l l SUB COM ON FEDRAL ND PROVINCIAL CONSTITUTION SUB COM ON FRANCHISE SUB COM ON JUDICIARY TALMAT-E-ISLAMI COMMITTEE

INTERIM REPORT OF BPC 07/09/1950 l l INCORPORATION OF OR AS DIRECTIVE PRINCIPLE IN THE CONS PROVINCIAL GOVT l l LEGISLATURE l l l CM AND GOVERNOR…. UNICAMERAL LEG BICAMERAL…. HOUSE OF UNIT AND HOUSE OF PEOPLE NO DETAIL AS COM ON FRANCHISE REPORT WAS AWAITING HEAD OF STATE – 5 YEARS TERM – ELECTED BY BOTH HOUSES IN JOINT SESSION – NOT MEMBER OF EITHER HOUSE l HEAD OF GOVT l l TO B APPOINTED BY HOS…… URDU AS NAIONAL LANGUAGE

AFTERMATH OF THE 1 ST REPORT l REACTION – – LESS PRO AUTONOMY URDU AS NAT. LANG LESS ISLAMIC IN NATURE AGAINST THE SPIRIT OF DEMOCRACY (PRINCIPLE OF PARITY) l GOVT’S RESPONSE – LAK WITHDREW THE REPORT AND PROMISED DESIRED CHANGE AND TO RESUBMIT POLITICAL DEVELOPMENT – 16 OCT 1951 KH NAZIM PM MALIK G. MOHD GG –

2 ND REPORT 22/12/1952 l l OR AS PREAMBLE IN THE PROPOSE CONSTITUTION HEAD OF STATE l l HEAD OF GOVT l l 5 YEAR TERM MUST B A MUSLIM ELECTED IN JOINT SESSION APPOINTED BY HOS HELPED BY COUNCIL OF MINISTERS (BOSS OF THE CABINET) RESPONSIBLE TO HOP ONLY FEDERAL LAGISLATURE l BICAMERAL… – – l PROVINCIAL GOVT l l HOUSE OF UNIT… 120 MEMBER (60 EAST PAK AND 60 WEST PAK) HOUSE OF PEOPLE… 400 MEMBERS DIRECT ELECTION (200 EACH PART) CM, GOVERNOR, UNICAMERAL LEGISLATURE JUDICIARY – – CJ PLUS 2 TO 6 JUDGES IN SC HC FOR EACH PROVINCE

POLITICAL DDEVELOPMENTS l 1951 ELECTIONS IN PUNJAB l l l MUMTAZ DAWLATANA OF ML BECUM CM SUPORED BY MAJLIS AHRAR AND JUI PAK FOOD SHORTAGE AND AHMADIA MOVEMENT 6 TH MARCH 1953 MARTIAL LAW IN PUNJAB BY PRETENDING THE WORST SITUATION MALIK GHULAM MOHD DISSOLVE KH NAZIMUDDIN’S GOVT ON 17 TH APRIL 1953 M. ALI BOGRA BECOME PM OF PAKISTAN

THE MUNIR REPORT 10/04/1954 l “…THE NET RESULT OF ALL THIS IS THAT NEITHER SHIAS NOR SUNNIS NOR DEOBANDIS, NOR AHLE HADITHS NOR BARELVIS ARE MUSLIMS AND ANY CHANGE FROM ONE VIEW TO THE OTHER MUST BE ACCOMPLISHED IN AN ISLAIC STATE WITH THE PENALTY OF DEATH IF THE GOVT OF THE STATE IS IN THE HANDS OF THE PARTY WHICH CONSIDER THE OTHER PARTY TO BE KAFIR. AND IT DOES NOT REQUIRE MUCH IMAGINATION TO JUDGE OF THE CONSEQUENCES OF THIS DOCTRINE WHEN IT IS REMEMBERED THAT NO TWO ULEMA HAVE AGREED BEFORE US AS TO THE DEFINITION OF A MUSLIM.

MUNIR REPORT… (CONTNUD) l KEEPING IN VIEW THE SEVERAL DEFINITIONS OF A MUSLIM GIVEN BY THE ULEMA, NEED WE MAKE ANY COMMENT EXCEPT THAT NO TWO LEARNED DIVINE ARE AGREED ON THIS FUNDAMENTAL. IF WE ATTEMPT OUR OWN DEFINITION AS EACH LEARNED DIVINE HAS DONE AND THAT DEFINITION DIFERS FROM THAT GIVEN BY ALL OTHERS , WE UNANIMOUSLY GO OUT OF THE FOLD OF ISLAM. AND IF WE ADOPT THE DEFINITION GIVEN BY ANY ONE OF THE ULEMA, WE REMAINS MUSLIMS ACCORDING TO THE VIEW OF THAT ALIM BUT KAFIR ACCORDING TO THE DEFINITION OF EVERYONE ELSE…”

BOGRA FORMULA l 07/10/1953 PRESENTED TO CA 06/10/1954 ADOPTED BY CA l MAIN POINTS l – BICAMERALISIM l HOUSE OF PEOPLE – – – l HOUSE OF UNITS – – – 300 STRENGTH 165 EAST PAKISTAN REST TO WEST PAKISTAN 50 MEMBERS EQUALY DIVIDED B/W THE FIVE PROVINCES INDIRECT ELECTION 2 ADDITIONAL SEATS FOR WOMEN EQUAL POWERS OFFICIAL LANGUAGE… URDU AND BENGALI

DISSOLUTION OF THE COSTITUENT ASSEMBLY l CAUSES: – – l 20 SEP 1954 CA REPEALED PRODA AMENDMENT OF SECTION 9, 10 A, 10 B OF GOVT OF INDIA ACT 1935 (UNDER PROCESS) 24 OCTOBER 1954 MALIK GHULAM MOHD DISSOLVED CA l AFTERMATH l l MOLVI TAMIZ CASE…. DECISIONS OF SHC AND SC 21/3/1955 … 223 A ACT 1935 NOT SIGNED BY GG GIVING POWERS TO SC TO INTERFERE AND ASK GG TO FORM NEW CA NEW COSTITUENT ASSEMBLY

POLITICAL DEVELOPMENTS l l l NEW CA… NO PARTY IN MAJ 11 AUGUST 1955 BOGRA RESIGNED CH. MUHAMMAD ALI PM 07 AUGUST 1955 ISKANDAR MIRZA ACTING GG 30 SEP 1955 ONE UNIT 06 OCTOBER 1955 GHULM MOHD RESIGNED ND I. MIRZA BECUM GG

CONSTITUTION OF 1956 l l 8/01/1956 DRAFT CONST PRESENTED TO THE COUNTRY 29/02/1956 ADOPTED 23/03/1956 ENFORCED 234 ARTICLES, 13 PARTS, 6 SHEDULES

SALIENT FEATURES OF THE CONSTITUTION l l l WRITTEN FEDRALISIM UNICAMERALISM – l l NA (150 PLUS 150 MEMBERS) PARLIAMENTRY FORM OF GOVT NATIONAL LANGUAGES INDEPENDENT JUDICIARY ISLAMIC PROVISIONS

CHANGE IN GOVT l l 8 TH SEPTEMBER 1956 M. ALI RESIGNED AND HUSAIN SHAHEED SAHARWARDY BECUM PM 10 TH OCTOBER 1957 H. S. SAHARWARDY RESIGNED…I. I. CHANDRIGAR PM 16 TH DECEMBER 1957 II CHANDRIGAR RESIGNED AND MALIK F. NOON PM 7 TH OCTOBER 1958 MARTIAL LAW BY GEN. AYUB KHAN

AYUB ERA 7/10/58 TO 25/03/69 l l l l l 24 OCT AYUB PM 27 OCT OUSTED I MIRZA 27 OCT 1959 BD ORDINANCE 14 FEB 1960 PRESIDENTIAL ELECTIONS 1 ST MARCH 1962 CONSTITUTION ENFORCED 2 ND JANUARY 1965 PRESIDENTIAL ELECTIONS 6— 23 SEP WAR WITH INDIA 4— 10 JANUARY 1966 TASHKANT DECLARATION 25 NOV 1968 PDM FORMED 25 MARCH 1969 AYUB RESIGNED

YAHYA ERA 25/03/69 TO 20/12/1971 l l l 1 ST APRIL 1969 YAHAYA BECUM PRESIDENT 4 TH APRIL IMPLEMENTED PCO 28 NOV 1969 ABOLISHED ONE UNIT SYSTEM 25/03/1970 ISSUED LFO 7 AND 17 DEC GEN. ELECTIONS FOR NA AND PAs EAST PAKISTAN CRISIS: l l l l ELECTION RESULTS AND MUJIB’S SIX POINTS 13 FEB DATE FOR NA SESSION 3 RD MARCH POSTPONED ON 2 ND MARCH REACTION OF AWAMI LEAGUE 1 ST WEEK OF MARCH 25 TH MARCH MILITARY ACTION IN BENGAL DEC INDIA’S ROLE 16 DEC SURRENDER BY PAK ARMY 20 DEC YAHYA QUIT

BHUTTO REGIME 20/12/1971 TO 5 TH JULY 1977