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CONSTITUTION-a fractured collosus

CONSTITUTION-a fractured collosus



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Published by mohammad azhar
Published in the Frontier Post, Pakistan on June 18, 2008;
and in the Post, June 14, 2007
Published in the Frontier Post, Pakistan on June 18, 2008;
and in the Post, June 14, 2007

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Categories:Types, Research, Law
Published by: mohammad azhar on Jul 11, 2008
Copyright:Attribution Non-commercial


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Constitution of a country is the social contract between itspopulation in respect of the ways, measures and laws under whichthe population desires to live and let live. Government of India1935 was an order by the British Parliament in respect ofgovernance of India. The local population had no say in it. Theindependence Act 1947 was the result of agreement between theworld powers reached in Yalta Conference. Efforts for localadjustments were made by the British Crown through Sir StaffordCripps. Quaid-e-Azam advocated and accepted the configurationof India into areas of Muslims pre-dominant provinces controllingtheir internal affairs, within the framework of United India.Mohan Das Karam Chand Ghandhi, Pandit Jawahar Lal Nehru andCongress repelled the arrangement and insisted on a total unitedIndia. Thereupon Quaid-e-Azam declared that the only was leftopen was the partition of India. This being the correct analysis,the British Government decided to divide India into two countries,India and Pakistan. It was done through enforcement of theIndependence Act 1947. This first constitutional document inrespect of emergence of Pakistan was acted upon on 14
August1947. The Muslim elected members of legislative assembly ofUnited India became the batch of first legislators in Pakistan.Legislators coming from India did no possess the political back-gardens. However, they were entrusted with drafting and dictatingthe first constitution of Pakistan. Stupendous pressures on thenewly created country included the paucity of funds, rehabilitationof refugees, absence of defence material which was under restrainby India and a total anarchy due to break down of administrativemachinery. Quaid-e-Azam declared that Pakistan would be a
secular state
where Muslims and other religious groups would beat liberty to follow their religion without let or hindrance. He puthis heart, mind and soul to the job along with his team. Thisresulted in untimely death of Quaid-e-Azam.Pakistan was a new state. Its leaders were highly motivatedat the good of the public at their heart but were not exposed tointernational erana. They learnt the state craft. Slightly by makingmistakes as well. Kashmir problem took its toll which was furtherintensified by refusal of Genl. Gracy to take action there. TheUnited Nations Security Council, a political bargain home,
perpetuated the stalemate. Kashmir, the region, and the twointerested countries are suffering from this stalemate till today.In fact Pakistan was broken by India for this reason.Quaid-e-Millat Liaquat Ali Khan, on the eve of making a policystatement, was shot dead to avoid the reactions and repercussion’sof the projected statement.Despite dearth of top leadership, the legislators created adocument of social contract between Pakistan Citizens known asconstitution of Pakistan 1956. The political instability, created byerstwhile Governor General Malik Ghulam Muhammad, led toefforts by persons towards personal gains; and national interestswere sacrificed. Ministers came and went by the hours. Thisconstitutional document reflected the objectives and aspirationsof Pakistani nation and was a balanced system. But the politiciansand administrators of he country were inept. General IskandarMirza jockeyed himself to advantage in the power game within theruling Junta. Before the 1956 constitution was properly tried andenforced, it was abrogated. The first social contract between theconstituents of Pakistan population was torn to pieces.Iskandar Mirza, very soon thereafter, fell within his ownweb. General Mohammad Ayub Khan, the then Defence Ministerthrew him out of the Presidency of the country and took overpower. At this Juncture the Supreme Court of Pakistan held thechange as valid in as much as a successful revolution wasconsidered to be a glorious revolution. Continuance in Force orderwas promulgated without recourse to public aspirations. HeIntroduced and enforced the presidential form of Government, inwhich the system of indirect election was applied. Constitution ofPakistan 1962 was enforced. The representatives in the parliamentwere not public representatives. The institutions worked to thetune of Ayub Khan. He backing of American Government was themeans of strengthening the Government. However, Ayub Khanworked hard for industrial and economic progress in the country.He addressed the United Nations bringing into focus different anddiverse pressures and circumstance. He also wrote and published abook “Friends not Masters” wherein he expressed that superpowers, wearing the cloak of friends, were in fact dictators andmasters of the weaker nations. Misguided, Ayub Khan embarked
upon taking over Kashmir by force. He did not realize that thearmed conflict would splash over Kashmir border and reachinternational borders between Pakistan and India. A militarystalemate emerged. Politically India blunted Pakistan’s efforts.The over-spill was the launching of a movement against AyubKhan in Pakistan. Suffering health problems and dis-allusion, AyubKhan gave up the reigns of power and handed over them to GeneralYahya Khan. It was totally against the provisions of the 1962Constitution, which had been promulgated by Ayub Khan himself.Though this Constitution was not a social contract between hepopulation of Pakistan, yet this was also thrown aside andunilateral actions were taken.These repetitive shears brought negative powers into play.The fiber of society was torn o pieces. Justice could not be hadbecause of Martial Law imposed by Yahya Khan. Conspiracies forpersonal power emerged to the highest. Understanding, faith anddependability between the two wings of the country were rakedoff. West Pakistan beaurocracy shuddered at the suggestion ofchange of center of power from Islamabad to Dacca. EastPakistanis were hankering for recognition and were fighting andwere agitating against the attitude of neo-colonialism from theWest Pakistan administration. The politicians of both the wingstook full advantage of pubic feelings. Yahya khan tried to burn thecandle from both ends. The politicians were not statesman. Theirbewildered outlook and objectives dictated them to grab as muchpower as they could out of the chaos. India was already ready andprepared to grab a chance to cut down Pakistan and prepared todestroy Pakistan as a whole at one go. They initiated armedinsurgency and bloody opposition against administrative set up inEast Pakistan. On the other hand, the results of elections inPakistan were not allowed to be acted upon.‘Al-Badar’ and “Al-Shams” subsidize of fanatic religiousgroups, played havoc with the internal stability of East Pakistan.Indians seeded non-cooperation and opposition to Pakistanadministration. Session of newly elected Legislative Assembly, tobe held at Dacca, was undermined. By force, West PakistaniLegislators were stopped from going to Dacca. The civiladministration in East Pakistan came to a virtual stand-still while

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