Pre-Partition Events and Concepts

Pre-Partition Events and Concepts

• War of Independence/Mutiny (1857): A major but unsuccessful revolt against British rule in India. Marked the beginning of widespread resistance.
• Two-Nation Theory: Proposed by Sir Syed Ahmed Khan and later by Jinnah. Hindus and Muslims were considered distinct nations, differing in religion, culture, and social practices.
• British East India Company (1600-1857): Started trading in India, primarily for South Asian spices and textiles, 1603-1607.
• 1858 Government of India Act: Transferred control of India from the East India Company to the British Crown. Established direct British rule.
• British Population in India: 80% Indians, 20% British. British primarily in administrative and military roles. Many Indians converted to Christianity by the late 1800s.
• British Control and Administration: Higher offices filled by British. Promoted conversion to Christianity.

Key Events and Acts

• Indian National Congress (INC): Initially a moderate group seeking reform, later advocating for Indian rights and independence.
• Lucknow Pact (1916): Agreement between the INC and the All-India Muslim League for better Muslim representation in governance.

Government of India Act 1935

• Granted some autonomy to Indian provinces, but still maintained British control.
• Seen as a step towards self-governance, but not full Indian independence.

Pre-Partition Agreements and Struggles

• 1946 Agreement: Significant discussions on partition, leading to plans like the Mountbatten Plan (1947).
• Religious and Political Issues: Internal struggles due to religious conflicts (e.g., Hindu-Muslim tension). Lack of a united Indian constitution. Issues after British colonial rule.

Partition of India

• 14-Aug-1947: Pakistan gained independence.
• 15-Aug-1947: India attained independence. Ended British colonial rule.
• Governor-General: Initial leaders of both India and Pakistan. British Crown.
• Initial Struggles Post-Independence (1947-1956): Included problems with governance adapting the new system, food shortages, infrastructure inadequacies, and limited resources.
• Famine and Poverty: Economic hardships, especially in Pakistan's newly formed regions.
• Fertile Land: Pakistan's regions had valuable agricultural land for major crops, like wheat, rice.
• Religious Division: Issues between Hindus and Muslims. Conflicts arose due to the division of resources, population divisions and large-scale migration.
• Refugees and Migration: Large numbers of people migrated due to the partition, creating a humanitarian crisis.
• Financial Issues and Aid: Distribution of resources after the partition. India provided aid to Pakistan.
• Infrastructure and Economic Divisions: Division of railways and industries.

Post-Partition Financial Allocations

• 1948: $250 million allocated to Pakistan in financial aid.
• 2001: Continued unresolved issues surrounding financial division.

Prime Minister & 1949 Constituent Assembly

• Constituent Assembly (1949): Created to draft the constitution of Pakistan.
• Initial Laws: Early legal frameworks were established.
• 1949 Objectives Resolution: Defined Pakistan's vision, principles, and objectives for governance.
• Assassination of Prime Minister Liaquat Ali Khan (1951): Led to political instability in Pakistan.
• 1953 - Impact of Muhammadi Qadiyani Issue: Legal and political debate regarding who is considered a Muslim in Pakistan.

Dangerous Precedents in Constitutional Law

• Maulvi Tameez-ud-Din v. State (1954): Case concerning the Governor-General's authority and the Constituent Assembly's role.
• Doctrine of Necessity: Justified executive actions, even if unconstitutional, if the state's interest was at stake.
• Legalization of Illegal Acts: Potential for executive overreach and the blurring of lines for legal actions in the name of the state's interests.

1956 Constitution

• First Constitution of Pakistan. Introduced a parliamentary system.
• Issues with provincial autonomy and the president's role.
• Treason clause: Defined and penalized treason.

1958-1969 Martial Law (Ayub Khan)

• Military takeover ended democratic governance in Pakistan.
• Military rule and policies.

1958 Ayub Khan and Martial Law

• Imposed martial law, switching from democratic rule to military governance.

1973 Constitution

• Charter of Principles: Guidelines for drafting the constitution.
• Article 6 - High Treason: Defined and penalized acts that subvert or suspend the constitution.
• 1988-2007 - Judicial Developments: Key cases and judicial reforms (Dosso, Tameez ul-Din, and Nusrat Bhutto).
• Military influence: Significant military involvement and influence on legal and political processes.

Differences between the powers of the president and the governor

• Position and Jurisdiction: President (federal), Governor (provincial).
• Appointment: President elected by an electoral college, Governor appointed by the President on the Prime Minister's advice.
• Executive Powers: President acts on the advice of the Prime Minister, the Governor on advice of Chief Minister.
• Legislative Powers: President summons and prorogues Parliament, Governor summons and prorogues provincial assembly.
• Emergency Powers: President declares states of emergency and manages provincial matters if needed, Governor doesn't have independent powers for this.
• Role in Judicial Appointments: President appoints Supreme Court justices, Governor plays no direct role.
• Pardoning Powers: President has the power to pardon offenses, Governor's powers limited.