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CONSTITUTIONAL ISSUES

DEFINITION
Constitution is a set of basic principles and frame work for governance and exercise of political powers and legal authority. it clarify the scope of power, relationship among various institutions within the government and society

MAJOR ISSUES
The major issues, the first constituent assembly faced were as following:
Federalism Representation Separate or joint electorate The national language issue

Parliamentary or presidential system


The Islamic or secular state

FEDERALISM
Pakistan consisted of two territorial parts:
East Pakistan: with more population and
less territory but one unit

West Pakistan:

administratively 4 units

DIVISION OF POWER
British tradition strong centre provinces demanding autonomy and provincial rights In the interim constitution of and 1956 centre

constitution

tradition

strong

continued.

REPRESENTATION
Both parts different in population and size. Diversity in western part of Pakistan Provinces in west Pakistan different in population and size. Basic principal committee 12 mar 49 to frame set of basic principles 1st report 28 sep 1950 as 2 Houses of parliament lower houses to be elected on the basis of population. Upper house to be elected on the basis of equal representation for all provinces.

No mention of national language.

MUHAMMAD ALI BOGRA FORMULA


Bicameral legislature Upper house equal representation of all 5 provinces Lower house representation on basis of population Both wings have equal strength in joint session. One unit was established in 14 Oct 55

SEPARATE OR JOINT ELECTORATE


Separate electorate adopted in 1909 Minorities favoured it after independence.

East for joint electorate west for separate electorate. 1957 Joint electorate was adopted by N.A.

THE NATIONAL LANGUAGE


Pre-independent Muslim elite adopted Urdu language. Quaid-e-Azam declared that Urdu will be language in Pakistan.

Two language formula was adopted.

PARLIMENTORY OR PRESIDENTIAL SYSTEM


Consensus for parliamentary system. Limited demand for presidential

system.
The 1962 constitution was a

presidential constitution.

THE ISLAMIC STATE


The broad agreement that the state will identify itself with Islam.

C.A. took time to define the precise


relationship between the state and Islam.