Pakistan's Constitutional Issues (1947-2022)

Pakistan's Constitutional Issues & Political and Constitutional Phases (1947-2022)

• Constitutional Issues:
  • A constitution is a set of basic principles and framework for governance and the exercise of political power and legal authority.
  • It clarifies power scopes, relationships between government institutions, and relationships within society.
  • Constitutions have precedence over ordinary laws and cannot be changed in the same way.
  • The Government of India Act (1935) formed the foundation for Pakistan's constitution.
  • The first Constituent Assembly faced difficulties due to political circumstances.

Major Issues

• The first Constituent Assembly faced issues about:
  • Federalism
  • Representation
  • Separate or Joint Electorate
  • The National Language Issue
  • Parliamentary or Presidential system
  • The Islamic or Secular State

1: Federalism

• Consensus existed on federalism, but many unsettled issues remained.
• Pakistan's structure consisted of two parts: East Pakistan (larger population, smaller territory) and West Pakistan (administratively split into 4 units).
• Federalism aims to accommodate diversity while maintaining national unity.

2: Representation

• Representation in the federal level was a contentious issue due East and West Pakistan's differing population and size.
• Internal diversity existed within Western Pakistan, leading to varying population sizes across provinces.
• Concern was raised for representation proportionate to population sizes.
• A Basic Principle Committee (BPC) was formed by the Constituent Assembly (CA) on March 12, 1949, to establish fundamental principles for the future constitution of Pakistan.

First BPC Report

• The committee presented its first report on September 28, 1950, which proposed a two-house parliament.
• The lower house was to be elected based on population.
• The upper house was to be based on equal representation from all Pakistani provinces.
• It did not mention the National Language.
• East Bengal opposed the report, leading to its withdrawal by Liaquat Ali Khan.

Second BPC Report

• The final report was presented on December 22, 1952.
• Two Houses of Parliament with equal status and powers were recommended.
• Equal representation for East and West Pakistan was suggested.
• This report faced opposition due to the disparity of representation not being popular.

Muhammad Ali Bogra Formula

• Bogra proposed a formula for resolving the constitutional deadlock.
• The plan called for equal representation in upper house and lower house based on population in order to balance the representation from East and West Pakistan sides..
• The formula attempted to resolve the representation issue through bicameral legislature.

3: Separate or Joint Electorate

• Muslim separate electorate was initially adopted in 1909 by the British.
• After independence, religious elements supported, minorities did not.
• East Pakistan favored a joint electorate; West Pakistan favored a separate one.
• A joint electorate was eventually adopted for all of Pakistan.

4: The National Language Issue

• Urdu was declared the national language pre-independence by the Muslim elite.
• Jinnah declared Urdu as national language after Pakistan's independence. However, provinces could use other languages.
• Opposition arose in East Bengal regarding national language.
• Language problems worsened after Jinnah's death, and led to the East Pakistani Language Movement.
• A two-language formula (Urdu and Bengali), was adopted.
• Urdu was adopted as national language from 1973 onward, alongside encouraging encouragement for development for regional languages.

5: Parliamentary or Presidential System

• Parliamentary system was favored, but presidential system also had some support.
• Supporters for a Presidential system gained traction after the 1958 military takeover.
• The 1962 Constitution was a Presidential one.

7: The Islamic or Secular State

• There was a broad agreement Pakistan would be a state that has close relationship with Islam and Muslim heritage.
• some opposition came from members of the Congress in the Constituent Assembly.
• There was broad agreement that the state would identify itself with Islam.
• The Constituent Assembly took time to define the precise relationship between the state and Islam.

The Objectives Resolution (1949)

• Was the first constitutional document for Pakistan
• Foundation of constitutional progress in Pakistan
• Provided parameters and principles for legislators
• Made the constitution-making process easier
• Set objectives that were acceptable to Pakistanis.
• Supported by Liaquat Ali Khan.
• Approved on March 12, 1949

The Constituent Assembly (1947-54)

• Created under the Indian Independence Act of 1947.
• Elections were held in July, 1946.
• Selected members were from districts that were part of Pakistan at independence.
• This body saw two parties, Muslim League and Congress.
• This body had multiple functions including constitutional matters.

Features of the Objectives Resolution

• Sovereignty belongs to Almighty Allah alone.
• The state received delegated authority regulated by Allah.
• Constitution would establish sovereign, independent Pakistan.
• State power would be exercised by representatives of the people, following principles of democracy, freedom, equality, tolerance and social justice.
• Muslims have the right to organize their lives around the Quran and teachings of Islam
• Minorities have the right to practice their religion and culture without conflict.

Explanation and Importance of the Resolution

• Declared God's sovereignty as a distinctive political philosophy.
• Western democracy focuses on popular sovereignty; this resolution put sovereignty on God.
• Officials would work within limits prescribed by God.
• Representatives of Pakistan would organize government based on universal ideas of democracy, freedom, equality, tolerance and social justice.

Objections by Non-Muslims

• Non-Muslims opposed mixing religion with politics.
• They considered it against the spirit of democracy
• This was seen as a threat to their rights and equality, given the inequality that could arise.
• Religious laws were considered inadequate for modern times within the non-Muslim community.
• Fears about the possibility of a religious extremist theocratic state in Pakistan.

Importance

• The Objectives Resolution is a central document to Pakistan's constitutional history.
• It provides a framework for achieving goals for a better life for Pakistanis.
• It incorporates Islam as a central aspect to the government's work.
• Demonstrates that Pakistan's leaders maintained a link to pre-independence political periods.
• Leaders were modernist Muslims, rather than orthodox religious ones.

Pakistan's Political and Constitutional Phases (1947-2022) (Summary)

• 1947-1958: Formative years and constitutional struggles.
• 1958-1971: First military rule and civil war -1971-1977: Democratic restoration and Zulfikar Ali Bhutto's rule.
• 1977-1988: Zia-ul-Haq's martial law and Islamization.
• 1988-1999: Return to democracy and instability.
• 1999-2013: Musharraf's military rule and democratic transition.
• 2013-2022: Civilian government and political challenges.

Explore the complexities of Pakistan's constitutional framework from its inception in 1947 to contemporary times in 2022. This quiz covers key issues such as federalism, representation, language debates, and the nature of the state. Test your knowledge on how these factors shaped the country's political landscape.