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

Pakistan’s Constitutional Issues & Pakistan’s Political and Constitutional Phases: A Overview (1947-2022)  Constitutional Issues  Constitution is a set of basic principles and framework for governance and exercise of political power and legal authority.  It cl...

Pakistan’s Constitutional Issues & Pakistan’s Political and Constitutional Phases: A Overview (1947-2022)  Constitutional Issues  Constitution is a set of basic principles and framework for governance and exercise of political power and legal authority.  It clarifies the scope of power, relationship among various institutions within the government and society. It has precedence over ordinary laws and cannot be changed like ordinary laws.  The Government of India Act (1935) was modified and promulgated in the newly state of Pakistan. The elected members in the 1946 elections made the first Constituent Assembly that faced grievous circumstances.  Major Issues The major issues, the first constituent assembly faced, were about: 1. Federalism 2. Representation 3. Separate or Joint Electorate 4. The National Language Issue 5. Parliamentary or Presidential system 6. The Islamic or Secular State  1: Federalism There was consensus on federalism but yet there were many issues to be settled. The main was that Pakistan consisted of two territorial parts, East Pakistan (with more population, less territory but administratively one unit) and West Pakistan (administratively 4 units). Federalism is meant to accommodate such kind of diversity maintaining the unity of the state or country.  2: Representation Representation at the federal level was another conflicting issue because East Pakistan and West Pakistan were different in population and size. On the other hand there was diversity in Western part of Pakistan. The provinces of West Pakistan were also different in population and size. All of them were sensitive to their representation and provincial autonomy. To have a Standard Formula for the representation of units and population the Constituent Assembly (CA) formed a Basic Principle Committee (BPC) on March 12, 1949. The primary task of this committee was to frame a set of basic principles for the future constitution of Pakistan.  First BPC Report: This committee presented its first report on 28 th September 1950. According to this report two houses of the parliament were proposed. The lower house was to be elected on the basis of POPULATION and the upper house was to be elected on the basis of equal representation for all the provinces of Pakistan namely East Bengal, West Punjab, Sindh, NWFP and Baluchistan. Equal powers were proposed for the both Houses. No mention of National Language was made. East Bengal opposed this report and Liaqat Ali Khan withdrew it. Second BPC Report: BPC presented its final report on 22 nd December 1952. According to this report two Houses of the Parliament will enjoy the equal status and powers. It proposed equal representation to East and West wing. This report also faced reaction in both the wings of Pakistan. The principle of parity was not appreciated in both East Pakistan and Punjab.  Muhammad Ali Bogra Formula: Muhammad Ali Bogra immediately after assuming the office of the Prime Minister presented a formula to resolve the deadlock in constitution making. According to this formula Pakistan would have a bicameral legislature. In upper house there would be EQUAL representation to each of five units. In lower house population will be represented. In this way more representation was given to East Pakistan. Both wings would have equal strength in joint sessions of the two houses. Reaction to Bogra Formula It was welcomed in both parts of the country. The principle of parity and representation of the population was appreciated. It also solved the problem of national language by suggesting Urdu and Bengali both as national language. One Unit of West Pakistan October 1955 One Unit of West Pakistan was established on 14 th October 1955. The provinces of Punjab, Sindh, NWFP and Baluchistan would be amalgamated in one unit to establish parity between the two parts of the country.  3: Separate or Joint Electorate Separate electorate was adopted on the demand of Muslims in 1909 by the British Government. But the minorities did not favour this after independence. Religious elements supported this as a part of heritage. East: decided for Joint Electorate. West: Separate electorate. 1957: Joint Electorate was adopted for all Pakistan by the National Assembly.  4: The National Language Issue Pre-independence: Muslim elite all over India adopted Urdu. In 1948 Jinnah declared that Urdu would be the national language but provinces could use their languages. Opposition against Urdu was there in East Bengal. This became more pronounced after the death of Jinnah as controversies erupted on constitution making. Language Movement started in East Pakistan February, 1952. There was a complaint about anti Bengali language attitude of the federal government. Two-language formula was adopted in 1954. Since 1973 Urdu was adopted as national language along with the support for development of regional languages.  5: Parliamentary or Presidential There was a consensus for parliamentary system. But there was a limited demand for presidential system. Supporters of Presidential system became dominant after the 1958 military takeover. The 1962 Constitution was a Presidential constitution.  7: The Islamic or Secular State From the very beginning of Pakistan Movement there was an agreement that the state will have close relationship with Islam. Muslims defined their national identity with reference to Islam and its heritage. Some opposition came from the Congress members of the Constituent Assembly, and a few secularists. There was a BROAD AGREEMENT that the state will identify itself with Islam. The Constituent Assembly took time to define the precise relationship between the state and Islam.  The Objectives Resolution (1949) The Objectives Resolution was the first constitutional document that proved to be the ‘foundation’ of the constitutional developments in Pakistan. It provided parameters and sublime principles to the legislators. It made the constitution-making process easy task setting some particular objectives before them that would be acceptable to the people of Pakistan who had suffered a lot under the Hindu-dominated majority. The Resolution was moved by Liaquat Ali Khan, the then Prime Minister of the Islamic Republic of Pakistan, and approved on March 12, 1949.  The Constituent Assembly (1947-54) The first Constituent Assembly came into existence under Indian Independence Act 1947. The elections were held in July 1946 to decide the destiny of the All India Muslim League (AIML)’s claim that it is the only representative party of the Indian Muslims that desire separate homeland, Pakistan. The members from the districts that became part of Pakistan were declared members of the Constituent Assembly. The number of such members was 69. It increased to 79 after the 1947 when some states joined Pakistan and then increase in the population. There were two major parties, Muslim League and Congress in the Assembly at that time. This Assembly had dual functions to perform.  Features of the Objectives Resolution 1. Sovereignty over the entire universe belongs to Almighty Allah alone. 2. The authority which He has delegated to the state of Pakistan through its people for being exercised within the limits prescribed by Him is a sacred trust. 3. Constitution will be framed for sovereign, independent state of Pakistan. 4. The state shall exercise its power through the representatives of the people. 5. Principles of Democracy, freedom, equality, tolerance and social justice as enunciated by Islam will be fully observed. 6. Muslims shall be enabled to organize their lives in accordance with the teachings and requirements of Islam as set out in the Quran and the Sunnah. 7. Minorities to have freedom to freely profess and practice their religions and develop their cultures. 8. Provisions for safeguarding the legitimate interests of minorities, backward and depressed classes. 9. Pakistan shall be a Federation with autonomous units. State’s sovereignty and territorial integrity will be protected. 10. People of Pakistan should prosper and attain their rightful place in the comity of nations and make contribution towards international peace and progress and happiness of humanity.  Explanation and Importance The Resolution declared the sovereignty of God as the distinctive political philosophy. The Western democracy gives the notion that sovereignty lies in the people but this Resolution is important having the concept of the sovereignty of God. It clarified that people would utilize powers gifted by God so they would have to work within the limits prescribed by Him. The exercise of the powers is a sacred trust. The representatives of the people of Pakistan will manage the affairs under the universal ideology of democracy, freedom, equality, tolerance, and social justice with the spirit of an Islamic framework.  Explanation and Importance The Resolution pledged to give the due respect and rights to the minorities, backward and depressed classes in the benign society of Pakistan. Their rights, interests, religion and culture were not confuted. It’s important that the Resolution promised the federating units for due powers, autonomy and territorial integrity.  Objections by Non-Muslims The major objection by the Non-Muslims was that the government was trying to mix the religion and politics that was against the spirit of democracy. The non-Muslims objected on the ‘Sovereignty of Allah’ and minorities’ rights, saying it would promote inequality in the society. They were also of view that Shariah was not adequate for the modern time. They feared that it would encourage the religious extremists to work for the establishment of a ‘theocratic state.’  Importance The Objectives Resolution is a basic and primary document of the constitutional history of Pakistan. It is a framework that provides mechanism to achieve goals for a better life of the people of Pakistan. It’s important that it embraces centrality of Islam to polity sustaining their links with the pre- independence period. The AIML leaders were modernist Muslims not in favour of an orthodox religious state. Therefore, they selected the middle way abiding by the Islamic laws and the international democratic values. The Resolution remained ‘Preamble of all the constitutions due to its importance.  Pakistan’s Political and Constitutional Phases: A Detailed Overview (1947- 2022) Pakistan’s political and constitutional history has been shaped by alternating periods of civilian and military rule, constitutional crises, and democratic interludes.  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 1. 1947-1958: Formative Years and Constitutional Struggles  Political Landscape  Founding of Pakistan (1947):  Pakistan was created on August 14, 1947, as a result of the partition of British India.  Muhammad Ali Jinnah became the first Governor- General, and Liaquat Ali Khan served as the first Prime Minister.  The new state faced challenges of governance, refugee resettlement, and territorial disputes, especially over Kashmir with India.  Liaquat Ali Khan’s Assassination (1951):  Liaquat’s assassination in 1951 led to political instability and power struggles within the government.  Constitutional Developments  Objectives Resolution (1949): Adopted by the Constituent Assembly, it established Pakistan as an Islamic democracy, with sovereignty belonging to Allah and power exercised by representatives of the people.  Constitution of 1956: After nearly a decade of deliberation, Pakistan’s first constitution was adopted in 1956. It declared Pakistan an Islamic Republic, established a parliamentary system, and attempted to balance the political interests of East and West Pakistan.  Political Instability and Coup (1958)  Frequent Government Changes:  Between 1951 and 1958, Pakistan witnessed a series of short-lived governments, with multiple changes in prime ministers and political leadership.  President Iskander Mirza dissolved the assembly multiple times, exacerbating instability.  Military Coup (1958):  On October 7, 1958, President Iskander Mirza, in collaboration with General Ayub Khan, imposed martial law, abrogated the 1956 Constitution, and suspended political institutions.  Ayub Khan soon ousted Mirza, becoming the sole leader and initiating the era of military rule.  2. 1958-1971: Ayub Khan’s Military Rule and Civil War  Ayub Khan’s Rule (1958-1969)  Martial Law and Constitution of 1962:  Ayub Khan ruled under martial law until 1962, when he introduced a new constitution that established a presidential system.  The 1962 Constitution gave extensive powers to the President, establishing a system of Basic Democracies, where local councilors indirectly elected the president.  Economic Reforms:  Ayub Khan’s regime focused on economic development, with significant growth in industrial and agricultural sectors.  However, the benefits were not evenly distributed, leading to resentment in East Pakistan.  Tashkent Agreement (1966):  After the 1965 war with India, Ayub Khan signed the Tashkent Agreement to normalize relations with India.  The agreement was unpopular, and Ayub faced increasing political opposition from both East and West Pakistan.  Resignation (1969):  Under pressure from protests, strikes, and student uprisings, Ayub Khan resigned in 1969, handing over power to General Yahya Khan, who declared martial law.  Yahya Khan’s Rule (1969-1971)  Elections of 1970:  Yahya Khan held the first general elections in Pakistan’s history in 1970.  Awami League, led by Sheikh Mujibur Rahman, won a majority in East Pakistan, while Zulfikar Ali Bhutto’s Pakistan People’s Party (PPP) dominated in West Pakistan.  A deadlock ensued when West Pakistan’s leadership refused to transfer power to the Awami League, sparking civil unrest.  Civil War and Creation of Bangladesh (1971):  The refusal to transfer power led to a civil war in East Pakistan, which escalated into the Indo-Pakistani War of 1971.  On December 16, 1971, East Pakistan seceded and became the independent state of Bangladesh.  The war discredited Yahya Khan, and he handed power to Zulfikar Ali Bhutto in December 1971.  3. 1971-1977: Bhutto’s Democratic Era  Zulfikar Ali Bhutto’s Leadership (1971-1977)  Constitution of 1973:  Bhutto oversaw the drafting and adoption of the 1973 Constitution, which restored a parliamentary system, established Islam as the state religion, and provided for a bicameral legislature.  The constitution remains the foundational legal document of Pakistan.  Economic and Social Reforms:  Bhutto introduced extensive nationalization policies, nationalizing key industries, banks, and educational institutions.  He also focused on land reforms and improving labor rights.  Decline of Bhutto’s Rule:  Bhutto’s popularity waned due to economic mismanagement, political repression, and rising unrest.  In the 1977 elections, Bhutto’s PPP won, but the opposition claimed the elections were rigged, leading to mass protests.  Military Coup (1977)  Zia-ul-Haq’s Martial Law:  On July 5, 1977, General Zia-ul-Haq staged a military coup, ousting Bhutto and imposing martial law.  Bhutto was arrested, tried, and later executed in 1979 after a controversial trial.  4. 1977-1988: Zia-ul-Haq’s Rule and Islamization  Zia’s Martial Law and Islamization  Islamization Policies:  Zia introduced sweeping Islamization policies, including the enforcement of Hudood Ordinances, which imposed strict Sharia- based punishments.  The Federal Shariat Court was established to ensure laws were consistent with Islamic principles.  1985 Non-Party Elections:  In 1985, Zia held elections but banned political parties from contesting.  After the elections, he lifted martial law but retained significant powers under the 8th Amendment, which allowed the President to dissolve the National Assembly and dismiss the Prime Minister.  Death of Zia (1988):  Zia’s rule ended abruptly when he died in a plane crash in August 1988.  5. 1988-1999: Return to Democracy and Instability  Benazir Bhutto and Nawaz Sharif’s Governments  Benazir Bhutto’s First Tenure (1988-1990):  Following Zia’s death, Benazir Bhutto was elected Prime Minister in 1988, becoming the first female leader of a Muslim-majority country.  Her government faced opposition from the military and was dismissed by President Ghulam Ishaq Khan in 1990.  Nawaz Sharif’s First Tenure (1990-1993):  Nawaz Sharif, leader of the Pakistan Muslim League-Nawaz (PML-N), became Prime Minister.  His tenure focused on economic reforms and privatization.  Sharif’s government was also dismissed by the President in 1993.  Benazir Bhutto’s Second Tenure (1993-1996):  Bhutto returned to power in 1993 but was again dismissed in 1996 on charges of corruption.  Nawaz Sharif’s Second Tenure (1997-1999):  Sharif returned to power in 1997 and passed the 13th Amendment, which removed the President’s power to dissolve the National Assembly.  His government clashed with the judiciary and the military, leading to his eventual ousting by General Pervez Musharraf in a coup in 1999. 6. 1999-2013: Musharraf’s Military Rule and Democratic Transition  Pervez Musharraf’s Military Rule (1999-2008)  Military Coup (1999):  General Musharraf overthrew Nawaz Sharif in a military coup and assumed the presidency.  He initially ruled under a Provisional Constitutional Order (PCO) and suspended the constitution.  2002 General Elections:  Musharraf held general elections in 2002, which resulted in the formation of a pro- military government under Prime Minister Zafarullah Khan Jamali and later Shaukat Aziz.  War on Terror:  Pakistan became a key ally of the United States in the War on Terror following the 9/11 attacks.  Musharraf’s support for the U.S. led to internal unrest and Islamist militancy.  Return to Democracy (2008):  Musharraf’s regime faced growing opposition, and he resigned in 2008 under threat of impeachment.  General elections in 2008 saw the return of civilian rule, with Asif Ali Zardari of the PPP becoming President and Yousaf Raza Gilani as Prime Minister  7. 2013-2022: Civilian Rule and Political Challenges  Nawaz Sharif’s Third Tenure (2013-2017)  Economic Reforms and CPEC:  Nawaz Sharif won the 2013 elections, marking his third term as Prime Minister.  His government focused on economic growth and the development of the China-Pakistan Economic Corridor (CPEC).  Panama Papers Scandal and Disqualification (2017):  In 2017, Sharif was disqualified from office by the Supreme Court over corruption charges linked to the Panama Papers revelations.  Imran Khan’s Government (2018-2022)  PTI Victory (2018):  Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) won the 2018 elections, ending decades of political dominance by the PPP and PML-N.  Khan’s government focused on anti-corruption measures, economic reforms, and a populist agenda.  Challenges:  Khan’s government faced significant challenges, including economic instability, rising inflation, and political opposition.  His tenure was also marked by tensions with opposition parties, leading to calls for early elections. Pakistan’s political and constitutional history has been a complex interplay between civilian and military rule, with periods of constitutional development and crises. Despite multiple challenges, Pakistan has made significant strides in political stability and democratic governance, particularly in the 21st century