HIS 103: The Ayub Regime & 1956, 1962 Constitutions PDF

HIS 103: Emergence of Bangladesh The Ayub Regime (1958-1969) & The Constitutions of 1956, 1962 October 22, 2024  The Ayub Regime Background:  Iskandar Mirza’s intention to prolong his power made him proclaim Martial Law throughout Pakistan on Oc...

HIS 103: Emergence of Bangladesh The Ayub Regime (1958-1969) & The Constitutions of 1956, 1962 October 22, 2024  The Ayub Regime Background:  Iskandar Mirza’s intention to prolong his power made him proclaim Martial Law throughout Pakistan on October 8, 1958. This helped Ayub Khan, the army chief, to capture power.  On October 28, 1958, General Ayub Khan assumed the office of the President ousting Iskandar Mirza, and took over the charge of administration of the country.  To consolidate his authority Ayub Khan secured a Mandate from the Basic Democrats through a formal vote for enacting a new constitution for the country.  In discharging that mandate he appointed a Constitution Commission on February 17, 1960 which concluded that parliamentary system of government proved to be a failure in Pakistan, and it recommended a presidential form of government under the following grounds:  The Ayub Regime  Presidential system ensures only one person as the head of affairs (unlike the previous system), thus, a clash of personalities can be avoided;  Presidential system restricts legislators exploit his/her position to his advantage unlike the parliamentary form of government;  Presidential system ensures greater stability (which is our prime need);  In presidential system, administrators are appointed from amongst the ablest of men available, and not necessary from among the members of parliament.  The Ayub Regime  Basic Democracies:  Basic Democracies was a local government system introduced during the Ayub regime in the early 1960s (This is also dubbed as ‘Primary democracy’ or “buniyadi gonotantro”).  General Ayub khan, President of Pakistan, introduced the concept of basic democracy under the Basic Democracies Order, 1959 on October 26, 1959 having made an attempt to initiate a grass-root level democratic system (support base for General Ayub Khan).  Of course, most of the political parties of East Pakistan had different ideas about his scheme, and considered it a bid to seize power in the hands of Ayub Khan and other vested groups.  When Ayub Khan introduced basic democracy after trashing a truly democratic constitution through martial law, he had only one objective: To institute a system that could be guided at the will of the rulers.  The system of Basic Democracies was initially a five-tier arrangement. They were: (i) union councils (rural areas), town committees (urban areas); (ii) thana councils (East Pakistan), tehsil councils (West Pakistan); (iii) district councils; (iv) divisional councils; (v) provincial development advisory council. Basic Democracies of Ayub Khan  Of the five councils created by the Basic Democracies Order only the union and district councils had been given specific functions.  The union council had been entrusted with a variety of functions such as agriculture, small industry, community development and increased food production in the union.  It maintained law and order through the rural police and had been given judicial powers to try minor civil and criminal cases through its conciliation courts.  The union councils were given the responsibility of planning and implementing rural public works programs for construction of roads, bridges and culverts, irrigation channels and embankments.  The union council was empowered to levy taxes, impose rates, tolls and fees.  The most important feature of the basic democracy system was that it formed the national electoral college consisting of 80,000 members from East and West Pakistan (40,000 from each wing) for the elections of President, members of national assembly and of the provincial assemblies. (Basic Democrats) Basic Democracies of Ayub Khan The thana/tehsil council was mostly a coordinative and supervisory body. All the activities of union councils and town committees falling within its jurisdiction were coordinated by it. All development plans prepared by the union councils and town committees were coordinated by the thana council including supervision of on-going schemes. It followed the directions of the district council and remained responsible to it. The district council had been entrusted with three types of functions: compulsory (construction of public roads, culverts, bridges, maintenance of primary schools, plantation and preservation of trees, regulation of public ferries, and improvement of public health), optional (education, culture, socio-economic welfare) and coordinating. The fourth tier, the divisional council, was least important functionally. It was simply an advisory body at that level. Basic Democracies of Ayub Khan Evaluation: Apart from being the agent of local government, the basic democracies also performed political and electoral functions to legitimize the government through popular support and participation.  In the referendum for presidential elections held on 14 February 1960 the basic democrats voted for Ayub Khan.  The only beneficiaries of the system were big landlords, industrialists, and the civil service whose powers were greatly augmented in that period.  The monopolization of electoral rights by the basic democrats was strongly hated by the vast rural and urban masses, which led to mass upheaval against Ayub in 1969. Basic Democracies of Ayub Khan  The real purpose of basic democracy would be revealed, however, in the 1962 constitution introduced by Ayub Khan. Under the 1962 constitution, the democrats elected at union level formed an electoral college to elect the president, the National Assembly, and the provincial assemblies.  Since then, this electoral college of basic democrats became the darling of the regime who formed the core group of support for the government and its rulers. The lofty ideals of grass-root democracy with a coterie of supporters did not last long. As a political institution it not only failed to legitimize the regime, but also lost its legitimacy after the fall of General Ayub in 1969.  1956 Constitution: A Bird’s Eye View Since there was very little progress during Suhrawardy's ministership in the Mohammad Ali (Bogra) Cabinet, in Constitutional matters the responsibility fell on Chowdhury Mohammad Ali after he replaced Mohammad Ali (Bogra) as the Prime Minister. Ismail Ibrahim Chundrigar, Minister for Law in the Chowdhury Mohammad Ali cabinet, presented the fourth draft constitution on 9 January 1956, before the Constituent Assembly.  After nine long years of efforts, Pakistan was finally successful in framing a proper Constitution. It was adopted by the Constituent Assembly on 29th February, 1956, and it was enforced upon the state on 23rd March, 1956, proclaiming Pakistan to be an Islamic republic.  1956 Constitution  Dominant Features:  Written Constitution - This is a written and lengthy document.  Rigid Constitution - The constitution could only be amended through a process requiring the amendment to be passed by at least a two-thirds majority of the parliament and authentication by the President.  Islamic Republic of Pakistan - The name of the country was adopted as the Islamic Republic of Pakistan.  Islamic Law - no law would be passed against the teachings of the Quran and Sunnah.  Objectives Resolution (March 12, 1949)- The objective resolution was included as permeable by the constitution.  Federal System - The constitution provides for a federal system in the country. Powers was divided between the centre and the provinces. The subjects were divided into three lists; The Federal List, The Provincial List, and the Concurrent List.  1956 Constitution  Dominant Features (Cont.):  Unicameral Legislature - The legislature would consist of a single house. Both the wings of the country were given representation in the National Assembly. The National Assembly consisted of 300 members. 150 members were drawn from each wing.  Parliamentary System - a parliamentary system was adopted, according to it the president was the head of state and the Prime Minister the head of government.  The Prime Minister - He was to be the leader of the Parliamentary group and was thus indirectly elected by the people. He could choose his cabinet from the members of the National Assembly; the cabinet was answerable to the Assembly.  The President - required to be a Muslim of at least forty years of age. The tenure of his office was five years. In case of internal or external danger he could declare a state of emergency in the country. He was authorized to appoint the Governors, the Judges of the Supreme Court, Auditor General and the Advocate General.  1956 Constitution Dominant Features (Cont.): Independence of Judiciary - An independent judiciary in the country. A Supreme Court interpreted the constitution, advised the state whenever required, and decided the issues whenever required. Fundamental Rights - included freedom of movement, freedom of speech and expression, freedom to choose profession and freedom to profess religion. Right to life, liberty, and property. Language - Urdu & Bengali were made national languages.  1962 Constitution of Pakistan Background:  Since October 8, 1958 Pakistan experienced almost 44 months of Martial Law till June 1962.  In the mean time General Ayub Khan introduced “basic Democracies” Order in October 1959 with an aim to strengthen his own support base at the grass root level.  Ayub arranged referendum on February 15, 1960 in which the 80,000 “Basic Democrats” casted their vote. Election turn out was unbelievably 95.6%. The referendum had its own subjectivity, i.e, to legalize Ayub’s tenure.  On February 1, 1960, Ayub secured a Mandate from the Basic Democrats through a formal vote for enacting a new constitution for the country.  In discharging that mandate he appointed a Constitution Commission (Justice Shahabuddin Commission) on February 17, 1960 which submitted its report on May 6, 1961.  General Ayub Khan announced the new constitution on March 1, 1962 based on the report which came into force on June 8, 1962.  1962 Constitution of Pakistan Salient Features of the 1962 Constitution:  Form of Government:  Instead of the Federal System, Presidential Form of Government was introduced for the first time through the 1962 Constitution in which the President was the real executive and was independent of the legislature and judiciary.  The president would be elected indirectly by the Basic Democrats/ electoral college.  President would hold office for fixed term of five years, and could not be removed from office by an inverse vote, but by a special process of impeachment  The President would nominate his Cabinet and Provincial Governors who would be responsible only to him.  Thus, the dominance of the executive branch vested in the President was the underlying principle of the 1962 constitution of Pakistan.  1962 Constitution arranged a ‘government of the President, by the President and for the President’ (K B Sayeed, 1963) in Pakistan in which the President was the “Corner-Stone”.  1962 Constitution of Pakistan  Islamic Republic:  The constitution of 1962 declared Pakistan as the “Islamic Republic of Pakistan”.  Ayub considered “Islam” the only weapon (ideology) to ensure the unity and integration of physically fragmented wings of Pakistan.  No law or legislation would be passed which was against the spirit of the Quran and Sunnah. An advisory council of Islamic scholars would be formed to help legislatures to frame laws in accordance with the teachings of Islam.  Basic Democracies:  In the 1962 Constitution a new system of basic democracies was introduce (mentioned previously).  The elected Basic Democrats would constitute an “Electoral College” which would elect the President and MPs. Thus, the indirect election system was adopted in 1962 Constitution.  1962 Constitution of Pakistan  Independence of Judiciary was diminished:  Unlike the 1956 Constitution, the 1962 Constitution diminished the independence of the judiciary. Under the 1962 Constitution, the authority of appointment and transfer of judges rested in the President. Moreover, the judiciary could not declare any law/provision unconstitutional at its own.  Moreover, both the Supreme Court and the High Courts could not start proceedings of a case on their own. The administration of the subordinate courts was only partially under their control.  Unicameral Legislature:  Like 1956 Constitution, the 1962 Constitution adopted single House Parliament (unicameral legislature) both at the Center and the Provinces. The central legislature was called the National Assembly which had 156 members (6 of which was reserved for women) equally drawn from the two wings of Pakistan. The tenure of the Assembly was five years.  Unlike the 1956 Constitution, the provision of provincial autonomy was denied in the 1962 Constitution. The National Assembly under the leadership of the President could legislate any law it deemed necessary.  1962 Constitution of Pakistan The 1962 Constitution originally did not provide any list of fundamental rights which was later enlisted through the First Amendment Act of 1963- almost similar to that of the 1956 Constitution. It kept the provision that if the President was from West Pakistan, the Speaker would be from East Pakistan (ref. F. Q. Chowdhury). Only three candidates would be allowed to contest the presidential race! The state language of Pakistan would be Bengali and Urdu but English might be used for official and other purposes until arrangements for its replacement are made.  Ayub Regime Subsequent Political Developments:  Issues:  1962 Education Movement;  The 1965 Presidential Elections ( January 2, 1965; two candidates, Ayub and Fatima Jinnah; Ayub won in a very competitive election);  Indo-Pak War of 1965 (September 6, 1965 which lasted for 17 days only; issue- Kashmir, hidden issue-regain the image of Ayub againt Fatima Jinnah, his competitor in the Presidential poll);  Widened Economic Disparity between the two wings of Pakistan;  Six-Point Program of Bangabandhu (1966);  Agartala Conspiracy Case, 1968;  Mass Upsarge, 1969 and the fall of Ayub Regime.