Ideology & Constitution of Pakistan PDF

Ideology & Constitution of Pakistan Prepared by Umer Farooque Ideology & Constitution of Pakistan Chapter 2 Two Nation Theory  Two Nation Theory The Two-Nation theory stated that Hindus and Muslims in India are two distinct communitie...

Ideology & Constitution of Pakistan Prepared by Umer Farooque Ideology & Constitution of Pakistan Chapter 2 Two Nation Theory  Two Nation Theory The Two-Nation theory stated that Hindus and Muslims in India are two distinct communities that could not exist within a single state. Without dominating and discriminating against the other or without constant conflict. It was the principal reason that led to the partition of India in 1947.  Two Nation Theory The two nation theory is based on the hypothesis that Muslims different from Hindus in terms of religious, cultural, social and daily life and that they must establish an independent Muslim state in which they can live freely their identities.  Two Nation Theory The Two Nation Theory was the basis of the struggle for creation of Pakistan which held that Hindus and Muslims are two separate Nations. The two-nation theory was an ideology of religious nationalism that advise Muslim Indian nationhood, with separate homelands for Indian Muslims and Indian Hindus within a decolonized British India, which ultimately led to the Partition of India in 1947.  Urdu/ Hindi controversy The Hindi - Urdu controversy arose in 1867 when the British government prepared to accept demand of the Hindu communities of the united provinces (utter Pradesh). And Bihar to change the perso-Arabic script of the official language. Devanagari adopt Hindi as the second official language. But in 1867, some Hindus in Agra and Oudh during the British Raj they began to demand that Hindi be made an officially language in place of Urdu. Congress sided with Hindu and supported the movement against Urdu and there was no other political party to support Urdu.  Urdu/ Hindi controversy The government gave instruction on 8 April 1900 that offices and courts should entertain petition written in Hindi. And the Indians constitution in 1950 declared Hindi in Devanagari script to be the official language of the country. And the English for official purpose Muslim religious leaders such as Molana Muhammad Ali, Molana Shokut Ali and Molana Modoodi emphasized the knowledge of Urdu as essential for India so Hindu majority wanted the official language of Hindi. British government also supported them.  Partition of the Bengal The administrative problem that faced Lord Curzon, The viceroy of India was the bigness of the Bengal presidency. The area of the presidency was too large and the population was too dense. The population of 54 million of which 42 million were Hindus and 9 million Muslims. The scheme was sent to London by Lord Curzon in February 1905 formation of a new province was issued in September. The province of eastern Bengal and Assam officially came into being on 16 October 1905.  Muslims Response toward Partition The new province of Eastern Bengal brought happier prospect of political and economic life for the Muslims. The Muslims turned into majority by the creation of the new province. Muslim hoped that their social status would get a tremendous boost in the new provinces. The Muslim expressed their utmost happiness over the partition of Bengal. Due to their social economic and political uplift.  Hindu response The Hindus reaction toward the partition of Bengal in a hostile and violent manner the Hindu could never support a move which was to bring prosperity and happiness to the Muslims. The Hindus believed that their (Hindu) superior position would be downgraded to the inferior status. And the provincial high court and other judicial bodies were to be shifted to Dhaka was to become the center of journalist and other academic activities and Hindu feared that their income would seriously be decrees. Before the partition of Bengal the Hindu enjoyed domination position in the political sphere of the provinces over the Muslim they felt their political domination over the Muslim would finish. the India national congress also jumped in to support the agitation against the partition.  The Shimla Deputation The Hindu's attitude during the anti- partition agitation had convinced the Muslims of the fruitlessness of expecting any justice or fair play from the Hindu majority. Therefore Mohsin-ul- Mulk and other prominent Muslim leaders drew up a plan of separate electorates for their community and presented it to the viceroy Lord Minto, at Shimla on 1st October 1906. The Muslims put forward the following demands.  The Shimla Deputation Separate electorate. Muslims must be given weightage in all elected bodies. Full representation in services and council. Representation in the university senate and syndicates. Aid for the establishment of a Muslim university. The Shimla deputation, as it is known, proved to be a stepping stone in the history of Indian Muslims. The British recognized the Muslims as a separate nation.  Muslim league Establishment, aims and objectives and its evaluation (1906-1913) Background; The demand of separate electorate which was indeed a singular initiation of Mahsin- ul- Mulk was grant when political reforms were introduced under the Indian council Act of 1892. Muslim leaders met at Dhaka in Dec, 1906 the occasion of the annual meeting of the Muhammadan education conference.  Muslim league Establishment, aims and objectives and its evaluation (1906-1913) All India Muslim league (AIML) was formed on December 30, 1906 mainly to protect and advance the political rights and interests of the Muslim of India. It made under the presidency of Nawab Waqar ul Mulk, Sir Samiullah the Nawab of Dhaka. The league adopted as its objects.  Muslim league Establishment, aims and objectives and its evaluation (1906-1913) To promote among the Muslim of India feeling of loyalty to the British government. And remove any misconceptions that may arise as to the intentions of government with regard to any of its measure. To protect and advance the political rights and interest of Muslim of India respectfully to represent their needs and aspiration of government.  Government of India Act 1909 It was during the later held in 1906 that the secretary of state for India. Lord Morley began to pay serious attention to the formation of the constitutional reforms. He was touch with the viceroy of the India Lord Minto, who appointed a committee in 1906 to consider the necessity for further reform in the legislative council and prepare a dispatch. The dispatch prepared by committee was ready in 1907 and was sent to London 19th of March.  Indian council Act of 1909. The main features of the Act were. The Muslim demand for separate electorate for the Muslims was accepted. The method of election was party indirect party direct. Provincial council were enlarged. Small non-official majorities were provided in the provincial council but on official majority was retained at the center. Besides the viceroy and his executive council, nearly 60 members were added to the central legislative council. Member of centered legislative council were given authority to raise question relating to administration and policy. Lord Morly described there reforms. As the opining of a very important chapter in the history of relation of England and India.  Quaid-e-Azam’s role It was during the end of 1913 when Mr. Mohammad Ali Jinnah joined the Muslim league on condition that his association with league would not in any way curtail his loyalty to the congress. At that time he was the greatest advocate of the Hindu- Muslim unity. M Ali Jinnah also invited the Muslim league to attend the session of Bombay.  Lucknow pact (1916) Background: After the announcement of the Minto-Morly reform, Hindu-Muslim relation strained. But on 1st January 1911, in Lucknow representatives of the Hindu and the Muslims discussed their communities’ relations. In December 1913 the annual session of the congress was held at Karachi in which Bhopindra Nath Basu expressed his good feeling for the Muslim and stressed in the need of better understanding and cooperation. On 31 December 1915 the annual session of the congress was held at Bombay. M Ali Jinnah invited the Muslim league to hold its session, at Bombay so both the congress and the Muslim league in a joint session agreed to constitute committees for both political bodies drew up a scheme for the constitutional reform in India  The pact; Clauses and Analysis Separate electorates were accepted by the congress. The congress agreed to enforce separate electorates in those provinces also, where they did not exist, Punjab and central provinces. No bill affecting a particular community should be proceeded within any council if three-fourths of the representative of that community opposed it. The Muslim and the Hindu were to have weightage in provinces where they formed minorities.  Analysis The Lucknow pact proved to be only beacon light on the political horizon of India. A better atmosphere of understanding and cooperation could have been generated. But the Hindu did not honestly stick to their principles. Instead of understanding and cooperation mistrust, hatred and non-cooperation crept into the political life of the Indian people.  Khilafat movement On 5 July 1919 Indian Muslim in the absence of Ali brothers formed a body to protect the state of turkey and khilafat, commonly known as All India khilafat committee. The Ali brothers Molana Mohammad Ali and Shouket Ali and Abdul kalam Azad when came out from the jail Organized the committee. The first khilafat day was observed on 17 October 1919 and with this well-known Khilafat movement was started the main objectives of the movement were. To maintain the turkey caliphate. To protect the holy places of the Muslims. To maintain the unity of Ottoman Empire.  Civil disobedience and Non- cooperation movements The end of the World War 1 brought unhappiness in the Indians because of some foolish Acts of the government, such as the India Act of 1919, which provided for the imprisonment without trial of parson suspected of terrorist activities. That was in Amritsar Hindu festival and large procession of Hindu Muslim and Sikhs streamed through the streets. Gandhi jee who at the invitation of the leaders was travelling to the Punjab was stopped.  Civil disobedience and Non- cooperation movements On the next morning April 10, a huge procession of 20,000 to 30,000 was peacefully taken out at Jillian Wala Bagh to protest against arrest of the leaders. When General Dyer and his men appeared at the main gate. And opened fire and continued firing till the ammunition ran short. Causalities were officially estimated at 379 killed and over 1200 wounded.  Civil disobedience and Non- cooperation movements This resulted during the conference of the central khilafat committee on 28 may 1920 at Delhi which was also attended by many Hindus and Sikhs. An alliance of the khilafat movement, Akli movement, congress, Jamia- ulema Hind and many other organizations under the leader of M. K Gandhi (Mohandas Karamchan Gandhi or Mahatma Gandhi) had moved non- cooperation resolution of the Khilafat including.  Conclusion The khilafat movement gave a great set back to the politics of the Lucknow pact of 1916 for which Jinnah had worked hard. There were basic Congress and Muslims demands, Lucknow pact and khilafat movement established unity between the Muslim League and Congress for the united struggle. Against the British for self- government. They produced a broad based leadership and thought the techniques of organizing a mass movement to the Muslims. These aspects proved great asses in the struggle for Pakistan.  The Delhi Muslim Proposals Hindu-Muslim cooperation continued till Khilafat movement. And came to an end in 1924. The Hindus started the Shuddhi movement. The intention was social pressure. The Hindus said …if there any worth of Muslims, they (the Hindu) would have fought and demolish the Mosques. They also set on foot Sangathan programmer which sought to organize the Hindu into a militant force to fight with the Muslim.  The Delhi Muslim Proposals After this condition of Hindus, the most notable among these being a conference initiated by Mr. Jinnah on 20 March 1927 at Delhi. The meeting discussed in details the demand of separate. These condition are generally known as Delhi Muslim proposals’ and are summed below:  The Delhi Muslim Proposals Sindh should be separated from Bombay and made a separate province. Similar reform as have been introduced in other provinces should be introduced in NWFP in Baluchistan. Accept joint electorate in all the provinces so constituted in Sindh, Baluchistan and NWFT as agreed to be granted to the minorities in the Hindu provinces. In Punjab and Bengal representation should be based on population. In the central legislative Assembly the Muslim should have one third representation through joint electorate. May 1927 by the All India Congress Committee which passed a resolution.  Nehru report (1928) An all parties conference was held at Delhi on 8 March, 1928. Due to difference among the Muslim and Hindu element it was decided that the task of framing a draft constitution should be entrusted to a committee led by Moti Lal Nehru. The report of this committee is generally known as the Nehru report published in august 1928. This report made the Hindu - Muslim rift final and unrepeatable. The report laid down following proposals:  Nehru report (1928) Disregarding the interests of Muslims the committee demanded a fully responsible system of government in which the majority would be sovereign. Muslim electorates (separate electorate) were to be immediately abolished. The committee turned down the Muslim desire for the reservation of 56% seats in the Punjab and 55% seats in Bengal legislature and an effective 1/3 representation at the center legislature. The committee recommended the separation of Sindh from Bombay and introduction of reforms in NWFP and Baluchistan. A declaration of rights should be inserted in the constitution assuring the fullest liberty of conscience and religion. Hindi should be made official language. The Muslim members of the committee and the Muslim league proposed amendments to the Nehru report and stuck to the demand neglected by the committee. Jinnah’s Fourteen Points (1929) Background Responding to the unjust Nehru Report which fell short of the Muslim’s just demands, Quaid-e- Azem Mohammad Ali Jinnah announced fourteen points in March 1929 at the annual session of All India Muslim League held at Delhi. Jinnah’s Fourteen Points 1. Federal system with residuary powers with the provinces. 2. Provincial autonomy. 3. Separate electorate for Muslims. 4. Effective representation to minorities in the provinces but the majority should not be reduced to minority 5. One-third representation of Muslims in Central Legislature. 6. One third Muslim representation in cabinets. 7. No changes in the boundaries of the Punjab and Bengal that would adversely affect Muslim majority.  Jinnah’s Fourteen Points 8. Religious freedom to all. 9. No law will be passed if three-fourth elected members of a community declare that it is against their interests. 10. Sind to be made a separate province. 11. Constitutional Reforms in NWFP and Balochistan. 12. Muslim representation in govt. jobs. 13. Constitutional safeguards for Islamic culture and civilization, education, language, personal laws and Muslim institutions. Government should provide financial assistance. 14. No constitutional amendment unless all constituent units of the federation agree to it.  Allama Iqbal Address (1930) In this address, Allama Iqbal gave a lucid explanation of the inner feeling of the Muslims of India. He gave the idea and concept of a separate homeland in this address because the Muslims were a nation and had a right they got identification and passed their lives to the Islamic principles. There were many reasons which caused Muslims to think about a separate homeland and be compelled to protect the rights of Muslims. On the one side, Hindus were creating restrictions in the way of the Muslims and hurting the feeling of the Muslims. And the Nehru report as the ultimate constitution for India. On the other side, the British government ignored the Muslim’s rights. In his address, Allama Iqbal explained that Islam was the major and determining factor in the life of Indian Muslims.  Iqbal’s Allahabad Address As far as nationalism is concerned, it can be said that nationalism comes through Islam in Muslims, Islam provides a different way of life. Although Islam is a religion yet it declares the rules and regulations about the different aspects of life. According to Iqbal’s point of view, there are many nations in this sub-continent and every nation has its own social, political, and religious structure. Without partition, establishment of peace and order in this land is impossible as a permanent solution of the problems was that division of continent was essential in the sight of Iqbal that is why Allama Iqbal presented his ideas in this speech.  Round Table Conference The first Round Table Conference convened from 12 November 1930 to 19 January 1931 in London. The Congress was absent because it insisted that this conference must not discuss whether India should or should not receive responsible self- government but must shape a constitution on the assumed basis of a free India. All other parties attended the conference. The Muslim delegation Aga Khan (who was later on elected the head of the total Indian delegation).  The most important decisions taken at the conference were: To introduce a federal system of government in India. To introduce Dominion status and a responsible central Government of India. To abolish the dyarchy system in the provinces. To give Sindh a separate identity with a responsible provincial Government. The princely states agreed to extend their cooperation in forming an all India federation. There were three sessions in 1930, 1931, and 1932 for solved the constitutional issues.  Role of M Ali Jinnah Regarding the future constitution, Jinnah made it clear that no constitution could be enforced in India without the approval of the Indian Muslims. On 13th June 1931, Jinnah emphasized that “no constitution will be acceptable to the Mussalmans of India unless due safeguard are provided to their rights and interests which will give them a  The Communal Award The Communal Award was created by the British Prime Minister Ramsay MacDonald on 16 August 1932. Also known as the MacDonald Award, it was announced after the Round Table Conference (1930–32) and extended the separate electorate to depressed Classes (now known as the Scheduled Caste) and other minorities. The congress denounced the Award; the Muslim league accepted it. Now here was the Hindu majority reduced to a minority, but in the two key provinces, the Punjab and Bengal the award reduced the Muslim majority to minority. Congress ministries (1937) As a result of which, Congress ministries were formed in July 1937 but with a bitter policy against Muslims: Hindi became the national language. Congress ministries were formed in July 1937 in several provinces, including the United Provinces, Madras, the Central Provinces, Bombay, Bihar, Orissa, and after some time in the North-West Frontier Provinces (NWFP). It also formed coalition ministries in Sindh and Assam. Only Bengal and Punjab had non-Congress ministries. Congress ministries (1937) The result of the elections extend the rift between Congress and the Muslim League. The wonderful success of the Congress. M.A Jinnah started to criticize the policies and activities of Congress ministries and openly declared that “the Muslims can expect neither justice nor fair play under Congress government”. The majority of Muslims accepted this view and Jinnah became the undoubted leader of the League.  Lahore Resolution (1940) The Muslim League passed the famous Lahore or Pakistan resolution on 23 March 1940. The resolution was moved by the Bengal chief minister, Maulvi A.K Fazlul Huque ( on 23 March), and was seconded by Choudhary khaliquzzamam, MLA (UP) and it was further supported by a score of other prominent leaders representing various provinces of India. The Lahore resolution was an old part of history for the Muslims, which created their independent country. On 23rd March 1940.  Lahore Resolution (1940) Additionally, it stated: That adequate, effective, and mandatory safeguards shall be categorically provided in the constitution for minorities in the units and the regions for the protection of their religious, cultural, economic, political, administrative, and other rights of the minorities. The Muslim League policy was clear and unmistakable. It did not want India with a clear and sure Hindu majority, which through a parliamentary system of government and a so-called democratic process would reverse. Muslims would not be satisfied by anything less the way settle clear and open to Pakistan.  Shimla Conference 1945 The Shimla Conference of 1945 was a meeting between the Viceroy of India Lord Wavell and the major political leaders of British India at the Vice regal Lodge in Shimla. When it was clear that British planned to leave India, they hopelessly needed an agreement on what should happen when they leave.  Shimla Conference 1945 The main proposals of the Wavell Plan were as follows. – With the exception of the governor-general and the commander-in-chief, all members of the executive council were to be Indians. – Caste Hindus and Muslims were to have equal representation. – The reconstructed council was to function as an interim government within the framework of the 1935 Act. - The governor-general was to exercise his ban on the advice of ministers  Shimla Conference 1945 – Representatives of different parties were to submit a joint list to the viceroy for nominations to the executive council. If a joint list was not possible, then separate lists were to be submitted. – Possibilities were to be kept open for negotiations on a new constitution once the war was finally won. The Shimla Conference was convened in order to agree on the Wavell Plan for Indian self-government, which provided for separate representations on communal lines. Both the plan and the conference failed on account of the Muslim League and the Indian National Congress not coming to an agreement.  The Interim Government (1946) The Interim Government of India, also known as the Provisional Government of India, formed on 2 September 1946 from the newly elected Constituent Assembly of India, had the task of assisting the transition of British India to independence. In the Interim Government, the Viceroy's Executive Council was equivalent to the position of Council of Ministers which acted as the executive. Pundit Jawaharlal Nehru became its Vice President and served as the actual Prime Minister  The Interim Government (1946) Lord Wavell wrote letters to Nehru and Jinnah on July 22, 1946, and invited them to join an “Interim Coalition Government.” He suggested that there would be 14 members in the cabinet: 6 of them from Congress, 5 from the Muslim League, and the other 3 would represent the minority parties and the important notebook would be divided equally to the Congress and the League. He made it clear that neither Congress nor Muslim League would be entitled to object to the names submitted by the other party, provided they were acceptable to the Viceroy. Both Nehru and Jinnah rejected the proposal in their letters to Wavell written on July 23 and July 31 respectively. This created a complete deadlock.  The Interim Government (1946) The Interim government remained in place till the independence of Pakistan and India. Besides other duties, it assisted the British Government in the process of transferring the power to the local people. The Viceroy Executive Council served as the executive branch of an interim government. Although it was originally headed by the Viceroy of India, it was transformed into a council of ministers with the powers of a Prime Minister grant on the vice president of the Council, a position held by Jawaharlal Nehru. Except for the Viceroy, who would hold only a ceremonial position, and the commander in chief of the Indian army all members of the council were Indians.  3rd June plan and the Indian Independence Act 1947 India’s then Governor-General and Viceroy Lord Mountbatten addressed the nation over All India Radio on June 3, 1947. He announced his 3rd June Plan, according to which India would be given independence on August 15, 1947. Under this Plan, the British would transfer power to two successor authorities — the Congress and the Muslim League. In territorial terms, the dominions of India and Pakistan would remain within the British Commonwealth. British paramount over 559 princely states in India would not be transferred to the two dominions and, consequently, would go by constitutionally.  3rd June plan and the Indian Independence Act 1947 The princely states would be free to join either of the two dominions. The third option of them becoming independent and not joining either dominion was kept open. This was denied to the British Indian provinces. Khizar Hayat Tiwana's government had resigned in Punjab on March 2, 1947 and communal disturbance had started in Rawalpindi and other cities of Punjab. Initially, the Governor of Punjab, Sir Evan Jenkins had thought of inviting the Muslim League leader, the Nawab of Mamdot, to form a government in Punjab, but later he decided against it and Governor's rule was imposed. Lord Mountbatten arrived in India on March 22, 1947.  3rd June plan and the Indian Independence Act 1947 On June 3, 1947, Mountbatten was able to bring Nehru, Patel, JB Kripalani (as Congress president) Baldev Singh, Jinnah, Liaquat Ali Khan and Abdur Rab Nishtar, around a conference table, where they collectively endorsed Mountbatten's plan, under the watchful gaze of Lord Ismay. Jinnah had deputed Iskander Mirza to start a jihad in the NWFP when referendum was held there in July 1947. Iskander Mirza was a great grandson of Mir Jafar, who had allowed to Lord Clive in the Battle of Plassey in 1757, after taking huge bribes. Iskander Mirza was later rewarded with president ship of Pakistan in the 1950s.  3rd June plan and the Indian Independence Act 1947 On the midnight of 14th and 15th August 1947, the dominions of Pakistan and India respectively came into existence. Lord Mountbatten was appointed the first Governor-general of independent India and M.A. Jinnah became the Governor-General of Pakistan. The Emergency of Pakistan  Demarcation of boundaries­­…. Radcliffe’s Award (August, 1947) The Indian independence Act, 1947, provided among the appointment of two boundary commissions for the division of Punjab and Bengal between Pakistan and India. Sir Cyril Radcliffe was appointed as the chairman of both the boundary commissions who would have the power to make the Award. After the independence of Pakistan, a significant number of Muslims migrated or were out- migrated from the territory that became the Dominion of India and later the Republic of India. In the aftermath of partition, a huge population exchange occurred between the two newly formed states.  Demarcation of boundaries­­…. Radcliffe’s Award (August, 1947) In August, 1947, when, after three hundred years in India, the British finally left, the subcontinent was partitioned into two independent nation states: Hindu- majority India and Muslim-majority Pakistan. Immediately, there began one of the greatest migrations in human history, as millions of Muslims trekked to West and East Pakistan (the latter now known as Bangladesh) while millions of Hindus and Sikhs headed in the opposite direction. Many hundreds of thousands never made it.  Demarcation of boundaries­­…. Radcliffe’s Award (August, 1947) Gangs of killers set whole villages aflame, hacking to death men and children and the aged while carrying off young women to be raped. Some British soldiers and journalists who had witnessed the Nazi death camps claimed Partition’s brutalities were worse: By 1948, as the great migration drew to a close, more than fifteen million people had been uprooted, and between one and two million were dead. After migration there were so many problems for examples: Administration, constitutional, Refugees Resettlement, Language controversy, Pakhtoons movement, death of Quaid- e- Azam and The Indus Basin Water Dispute.