Pre-Partition History of Pakistan PDF

Summary

This document provides an overview of pre-partition events and concepts related to the history of Pakistan. It covers topics such as the War of Independence (1857), the Two-Nation Theory, and the British East India Company, along with key events such as the 1858 Government of India Act and the Lucknow Pact (1916). It also explores the struggles and agreements of the Indian independence movement, including the Partition of India.

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Pre-Partition Events and Concepts War of Independence / Mutiny (1857): 1. The First War of Independence (also called the 1857 Mutiny) was a major, although unsuccessful, revolt against British rule in India. The event is significant as it marked the begin...

Pre-Partition Events and Concepts War of Independence / Mutiny (1857): 1. The First War of Independence (also called the 1857 Mutiny) was a major, although unsuccessful, revolt against British rule in India. The event is significant as it marked the beginning of widespread resistance to British colonization. Two-Nation Theory: 1. Two-Nation Theory was proposed by Sir Syed Ahmed Khan and later championed by Quaid-e-Azam Mohammad Ali Jinnah, suggesting that Hindus and Muslims are two distinct nations, with different religions, cultures, and social practices. British East India Company (1600-1857): 2. 1. 1603-1607: British East India Company starts trading in India, aiming primarily for trade in the South (spices, textiles, etc.). 1858 Government of India Act: 1. After the 1857 Mutiny, control over India was transferred from the East India Company to the British Crown through the Government of India Act 1858. 2. Direct rule by the British government began after this act. British Population in India: 1. 80% Indians and 20% British. 2. Most British in India were involved in administrative and military control. 3. A significant portion of Indians were still under British rule and conversion pressures, especially to Christianity. British Control and Administration: 1. After the mutiny, higher offices in India were predominantly filled by British officers. 2. The British promoted conversion to Christianity, and by the late 1800s, many Indians had converted. Key Events and Acts Indian National Congress: 1. Pre-partition: The Indian National Congress (INC) was moderate in its approach, with British support for trade and governance. 2. Over time, INC began pushing for Indian rights and independence, though initially, it was more about reform rather than full independence. Lucknow Pact (1916): 1. A historical agreement between the Indian National Congress (INC) and the All-India Muslim League, aimed at better representation for Muslims in Indian governance. It was one of the first signs of cooperation between Hindus and Muslims in the Indian freedom struggle. Government of India Act 1935: 1. This act granted some degree of autonomy to Indian provinces but was criticized for maintaining British control. 2. The 1935 Act was seen as a stepping stone toward self-governance but did not fulfill all Indian aspirations for full independence. Pre-Partition Agreements and Struggles 1. 1946 Agreement: 1. Pre-partition, significant discussions on partition took place, and agreements were made, such as the Mountbatten Plan in 1947. 2. Struggles: 1. The Indian independence movement faced internal struggles, including religious divisions (e.g., Hindu-Muslim tension) and the absence of a unified constitution for India. 2. After British colonial rule, there were issues regarding the lack of a national constitution. Partition of India 14-Aug-1947: Pakistan's independence is declared. 15-Aug-1947: India's independence is officially recognized, marking the end of British colonial rule and the beginning of independent nations (India and Pakistan). Governor-General: The position of Governor-General in both countries was initially held by the British Crown until the formal establishment of Republics. · Initial Struggles of India Post-Independence (1947-1956):  Parliamentary System: Adoption of the Government of India Act of 1935.  Early challenges included governance and adaptation of the new system. · Economic and Infrastructure Issues:  Famine and Poverty: Economic challenges such as hunger and lack of infrastructure affected large parts of Pakistan.  Fertile Land: The fertile agricultural lands of Pakistan, including areas with wheat, rice, etc., were primarily located in the regions that became part of Pakistan.  Poor Infrastructure: Lack of development in infrastructure, particularly in the newly created states. · Religious and Political Issues:  Religious Division: Issues related to religious tensions, particularly between Hindus and Muslims. o Hindus made up 80% of the population, while Muslims were 20%.  Refugees and Migration: A large number of people migrated due to the partition, leading to a humanitarian crisis. · Financial Issues and Aid:  4 Billion for Resources: Financial issues included the division of resources after partition, with certain amounts being allocated to Pakistan and India.  India had to provided $750 million to Pakistan but india aid to Pakistan, including a $350 million settlement, with some funds still pending (around $200 million). · Infrastructure and Economic Divisions:  Railway Division: The partition also led to the division of railways, with India and Pakistan where Pakistan was provided with 17.5% of the railway resources.  Small Industries and Raw Materials: Raw materials from small industries, particularly in Pakistan, were also an economic division issue. · Migration and Humanitarian Crisis:  Migrants: A large number of migrants moved across borders, creating significant humanitarian challenges. · Key Dates and Events:  1947-1956: Period of political and economic transition.  Post-Partition Financial Allocations: o 1948: $250 million allocated to Pakistan in financial aid. o 2001: Remaining unresolved issues related to financial divisions. Prime Minister & 1949 Constituent Assembly  Constituent Assembly: The assembly established in 1949 worked on drafting the constitution for Pakistan.  Initial Laws: Early laws were enacted to lay the foundation of the country's legal framework.  Imposition of Objectives Resolution: In 1949, the Objectives Resolution was adopted, which defined Pakistan's vision, guiding principles, and objectives for governance and laws. Assassination of Prime Minister Liaquat Ali Khan (1951)  The assassination of Liaquat Ali Khan in 1951 was a turning point, causing political instability and uncertainty in Pakistan's leadership. 1953 - Impact of Muhammadi Qadiyani Issue  In 1953, the Qadiyani (Ahmadi) Issue led to significant political and religious tensions.  There was a legal and political debate on the definition of a "Muslim" in Pakistan, which became a significant matter of constitutional law. Dangerous Precedents in Constitutional Law  Maulvi Tameez-ud-Din v. State (1954): o This case involved a conflict over the Governor-General's authority and the Constituent Assembly's powers. The Governor-General's actions were challenged for violating the assembly's role in constitutional making. o The Federal Court's Ruling: The court’s decision favored Tameez- ud-Din, reinforcing the idea that certain actions cannot be justified through executive overreach. o Doctrine of Necessity: This doctrine was cited to justify executive decisions, even if they were unconstitutional, if the state’s interest was at stake. o Legalization of Illegal Acts: The doctrine implied that any illegal act could be made legal if it served the state’s interest, creating dangerous precedents. Consequences of the Doctrine of Necessity  Excessive Executive Orders: o The expansion of executive power over the legislature leads to a permanent executive, a concentration of power that bypasses the parliamentary system. o This includes influence from the Army and Bureaucrats, leading to military dominance and authoritarianism. Permanent vs. Temporary Executive  Permanent Executive: o The army and bureaucracy hold significant control over government functions, often making decisions without the need for parliamentary approval. o Judicial Involvement: Judges may be involved in decisions that are more inquisitorial rather than just interpretative.  Temporary Executive: o Ministers in Parliament serve in more transitory roles, lacking permanent authority. o These ministers have limited power, and their authority is not firmly established. 1956 Constitution (1st Constitution of Pakistan):  · This is likely referring to the constitutional amendments or changes during this period, particularly the introduction of policies around human rights and independence.  Parliamentary System: The political structure moved towards a parliamentary system where power was vested in elected representatives. However, there were significant challenges, such as the lack of political stability and the centralization of power.  Power given to the PM (Prime Minister): This time saw the increasing authority of the Prime Minister, which created political dynamics that would affect the stability of the government. · Problems with the 1956 Constitution:  · Provincial Autonomy: One of the issues with the 1956 Constitution was the lack of sufficient provincial autonomy. This led to dissatisfaction among provinces, which felt that the central government had too much control.  Power of the President: The 1956 Constitution gave considerable power to the President, which some political leaders felt undermined the parliamentary system.  Treason Clause: The constitution included provisions about treason, which became controversial and was seen as problematic by some. · Political Issues (1956-1958):  · Political Corruption: There were widespread concerns about corruption in the political system, with accusations that public resources were being looted or misused.  Instability: Political instability and leadership changes led to growing dissatisfaction with the democratic process, which eventually contributed to military intervention. Dasso vs. State (1958)  Focused on doctrines of necessity and Hans Kelson's theory of constitutional law.  Legal implications: The idea that if a law is outdated, it can be replaced with legal alternatives.· · 1958 - Ayub Khan and Martial Law:  · In 1958, Ayub Khan imposed martial law, marking a shift from democratic governance to military rule. This was a significant event in Pakistan's history as it ended the political instability of the 1950s but also set the stage for long- term military involvement in governance. Martial Law (1958-1969)  Duration: 44 months.  Type: Dictatorship under Ayub Khan.  Impact: o Foreign policies disturbed the existing political and social systems. o Constituent Assembly was formed again to draft a new constitution. Draft of the Constitution (1962)  Bill of Rights included.  Presidential system introduced with power to the President.  Policy-making: Under presidential influence.  Ayub Khan became President in 1962. under constitution of Pakistan 1962 1965 Elections  Election Commission (EC): Army involvement. o Fatima Jinnah vs. Ayub Khan: A major political contest. o 80,000 local seats: Allegations that they were not enough to ensure fairness in elections. o Rigging by the Army: Accused of manipulating results to favor Ayub Khan. Political System  Presidential system: Direct elections were replaced with indirect elections for key positions.  Electoral bodies: EBPO (Electoral bodies) did corruption 1950s-1960s Political Events  Falima Jinnah vs Ayub Khan: Refers to the political rivalry, especially during the 1965 presidential election, where Fatima Jinnah, a key figure in Pakistan’s independence, contested against Ayub Khan.  Rigging in 1965 and 1970 Elections: Allegations of election rigging during Ayub Khan's rule and Yahya Khan's era.  Ayub Khan's Era (1958-1969): His regime saw military rule and controversial elections, often accused of rigging.  Yahya Khan's Era: Martial law imposed by Yahya Khan and his rule during the 1970 elections. Constitution and Government Structure  COP (Constitution of Pakistan), 1962: The 1962 Constitution introduced a unicameral (national assembly)(one-chamber) presidential system with direct election of the President. o Martial Law was imposed during this time as well.  1971 Bangladesh liberation war, with military backing.  1972: Zulfiqar Ali Bhutto became the key figure post- 1970s Political Changes  1971 National Assembly: Yahya Khan's role, elections, and the resulting breakup of Pakistan into two countries—Pakistan and Bangladesh.  Zulfiqar Ali Bhutto: Following the 1971 crisis and the loss of East Pakistan, Bhutto emerged as the leader and eventually led the creation of Pakistan’s new government after the end of martial law.  Zulfiqar Ali Bhutto was civil as well as martial administrator Constitution Drafting  Objective Resolution: A key document of Pakistan’s early constitutional development, emphasizing Islamic principles in the Constitution.  Constitution Drafting: o Zulfiqar Ali Bhutto was likely refers to a key constitutional position in the assembly As Chairman o Parties Representation: The constitution drafting involved representatives from all existing political parties. o The draft included 280 Articles and 26 Amendments. Key Constitutional Principles  Emphasis on drafting the Constitution based on Islamic principles, democratic values, and a federal system.  Charter of Principles: These were guidelines or foundational principles for drafting the Constitution. Key Events & Legal Developments: 14th August 1973 - COP 1973 Enforced: 1. The Constitution of Pakistan, 1973, came into effect on 14th August 1973. Article 6 - High Treason: 1. Article 6 deals with high treason in Pakistan, with legal consequences for violators. 1975 - Z.A. Bhutto Detained: 1. Zulfikar Ali Bhutto was detained, marking a significant political development. Martial Law under General Zia (1977-1988): 1. General Zia ul-Haq imposed Martial Law, lasting 11 years, though Martial Law was meant to last only 90 days. 2. The Constitution was suspended during this period. 1985 - Zia’s Presidential Orders: 1. Zia issued a presidential order amending the Constitution. 2. The Objective Resolution was incorporated as a substantial part of the Constitution, influencing Pakistan’s legal framework. 3. Zia’s interpretation of Quranic law and manipulations were seen, particularly in relation to the punishment for rape (requiring three witnesses). Nusrat Bhutto Case (1988): 1. A notable case during Zia’s regime involving the Doctrine of Necessity, which justified authoritarian actions under certain conditions. 2. Kelson's Theory of constitutional law was referenced in legal analysis. 1988-2007 - Judicial Developments: 1. Judicial Reforms and Cases: 1. The judiciary made important rulings, including those on Z.A. Bhutto’s case and military influence. 2. The Doctrine of Necessity was invoked in significant judgments. 3. Key Cases: 1. Dosso: Related to judicial authority and military intervention. 2. Tameez ul-Din: A legal case that challenged traditional interpretations. 3. Nusrat Bhutto's case: Further shaping the understanding of legal interpretations during military rule. Military Influence & Legal Status (1988-2007): 1. Military influence in Pakistan’s politics and legal framework remained significant. 2. Key judicial cases gradually moved away from military-imposed interpretations, especially regarding constitutional limits and military interference. Zia's Manipulation of Religious Texts: 1. Under Zia's rule, Quranic law was manipulated for political reasons, especially regarding the law of rape and adultery. Women were required to present three witnesses in the case of rape, which was a controversial change in the legal approach. Judicial Shifts (1988-2007): 1. Post-Zia, Pakistan experienced growing calls for democratic restoration. Article 6 began to regain relevance, particularly after military regimes faced greater scrutiny. 2. However, General Pervez Musharraf's coup in 1999 (against Nawaz Sharif) marked another violation of Article 6. Musharraf, too, relied on the Doctrine of Necessity, upheld by courts, to justify his unconstitutional takeover. Reactivation Under Democracy (2008 Onward): 1. By 2014, the government took concrete steps to apply Article 6: 1. Pervez Musharraf was tried for high treason, marking the first serious attempt to enforce the article against a military leader. 2. This was a watershed moment, as it symbolized a growing commitment to constitutional supremacy, even though the trial faced delays and controversies. How this history related to the article 6 (high treason) of constituiton of pakistan 1973 What Article 6 States Article 6 of the Constitution of Pakistan, 1973, declares: 2. Any person who abrogates, subverts, or suspends the Constitution by force or unconstitutional means is guilty of high treason. 3. Parliament must legislate for punishment for high treason, which includes severe penalties like life imprisonment or the death penalty. 4. Those aiding or abetting such actions are equally culpable. How History Relates to Article 6 Legacy of Military Dominance: 1. Pakistan's history of military rule repeatedly violated Article 6. The inability to enforce it earlier reflects the established power of the military and the complicity of judiciary and political elites. Doctrine of Necessity vs. Constitutionalism: 1. The use of the Doctrine of Necessity to justify coups eroded the sanctity of Article 6. Cases like Maulvi Tamizuddin v. State (1954) and Nusrat Bhutto highlighted how judicial support for military regimes sidelined constitutional protections. Evolving Democracy and Accountability: 1. Post-2008, democratic governments sought to reassert civilian supremacy. The trial of Musharraf under Article 6 represents an ongoing struggle to hold unconstitutional actors accountable and prevent future subversions. Conclusion The inclusion of Article 6 in the 1973 Constitution was a direct response to Pakistan's history of constitutional disruptions and military interventions. However, its enforcement has been challenged by historical precedents of judicial complicity, political instability, and military dominance. The legacy of leaders like Zia-ul-Haq and cases justifying unconstitutional actions highlights the systemic resistance to upholding this critical constitutional provision. Only in recent years has there been a serious push to strengthen and enforce Article 6, marking a turning point in Pakistan's constitutional history. Difference between the powers of president and governor: The Constitution of Pakistan 1973 establishes distinct roles, powers, and responsibilities for the President and the Governor, each operating at different levels of government. Here are the key differences: 1. Position and Jurisdiction President: The President is the ceremonial head of state and operates at the federal level. Their powers are largely symbolic, with significant decisions made on the advice of the Prime Minister and the Federal Cabinet. Governor: The Governor is the ceremonial head of a province and functions under the supervision of the federal government. Their powers are limited to provincial matters and are exercised on the advice of the Chief Minister of the province. 2. Appointment President: Elected by an electoral college comprising members of both Houses of Parliament (National Assembly and Senate) and the provincial assemblies. Governor: Appointed by the President on the advice of the Prime Minister. 3. Executive Powers President:  Acts on the advice of the Prime Minister (Article 48).  Appoints key federal officials such as the Prime Minister, Chief Justices, Governors, and members of the Election Commission.  Can promulgate ordinances during the recess of Parliament under Article 89.  Has powers related to emergencies (e.g., imposing a financial emergency under Article 235 or dissolving the National Assembly under Article 58(1)). Governor:  Acts on the advice of the Chief Minister of the province (Article 105).  Can promulgate ordinances for the province during the recess of the Provincial Assembly under Article 128.  Reports directly to the President about provincial matters.  Can dissolve the Provincial Assembly on the advice of the Chief Minister under Article 112. 4. Legislative Powers President:  Summons and prorogues sessions of Parliament.  Assents to bills passed by Parliament (can return a bill for reconsideration under Article 75). Governor:  Summons and prorogues sessions of the Provincial Assembly.  Assents to provincial bills and can send them back for reconsideration. 5. Emergency Powers President:  Can declare a state of emergency under Articles 232 (war or external aggression) and 234 (breakdown of constitutional machinery in a province).  Has overarching authority during emergencies, potentially superseding provincial powers. Governor:  Has no independent emergency powers.  May assist in implementing federal emergency decisions within the province. 6. Role in Judicial Appointments President:  Appoints Chief Justice of Pakistan and other judges of the Supreme Court.  Also appoints Chief Justices of the High Courts on the advice of the Prime Minister and relevant stakeholders. Governor: Plays no direct role in judicial appointments. 7. Pardoning Powers President: Has the power to grant pardons, reprieves, respites, or remissions of punishment under Article 45. Governor: No explicit power to pardon; operates under the federal government's instructions in such matters. 8. Symbolic vs. Operational Role President: Represents the unity of the state and exercises limited executive authority. Governor: Represents the federal government in the province and acts as its agent in provincial matters. Note: Important!! Mandatory provisions: shall , must General provisions: Could , should & may Superficial provisions; Notwithstanding

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