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IDEOLOGY OF PAKISTAN

What is Ideology
The term "ideology" was coined by Antoine Destutt de Tracy in 1796, assembling the
parts idea (near to the Lockean sense) and -logy. Science of ideas, visionary
speculations, and manner of thinking, ideas on the basis of some economic, social or
political theory or system is called Ideology. It contains those ideals, which a nation strives
to accomplish in order to bring stability to its nationhood. Defining ideology, George Lewis
says: "Ideology is a plan or program which is based upon philosophy".

Definition of Ideology
Ideology is the science of ideas, beliefs; theories emerged from the collective efforts
of a group of people. Ideology comprises beliefs, values and ideals.

Characteristics of Ideology
1. It does not remain stagnant ( ). It changes with the time and requirement.
2. It deals with present, past and future.
3. It is based on some source, i.e. Religion, and/or social values.
4. It may have roots in certain slogan and versions.
5. It may depend on political versions and theories.
6. It may be based on consensus opinions and certain documents.

Two Nation Theory


Muslims and Hindus of Sub-Continent are two separate nations, and they cannot live
together. On one occasion Quid-e-Azam said:
"The Muslims demand Pakistan where they can rule in accordance with their own
system of life, their cultural development, their traditions and Islamic laws."

Thus, this fundamental concept of Ideology led to the concept of two nations in the
Sub-Continent and resulted in the formation of Pakistan.

Ideology of Pakistan
“The Muslims of Sub-continent should have their separate homeland where they
could live according to their own ideas.”

Pakistan is an Ideological state and the ideology of Pakistan is an Islamic ideology.


Its basic principle being: "The only sovereign is Allah".

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Islam acted as a nation building force before the establishment of Pakistan. Ideology
of Pakistan basically means that Pakistan should be a state where the Muslims should
have an opportunity to live according to the faith and creed based on the Islamic
principles. They should have all the resources at the disposal to enhance Islamic culture
and civilization.

Quid-e-Azam once said: "Pakistan was created the day the first Indian national
entered the field of Islam".

From the above statement, it is clear that Ideology of Pakistan is an Islamic one.

Historical Background of Ideology of Pakistan


The Muslims entered into India as invaders and conquerors. Since the Arab invasion
of Sindh in 712 AD down to the death of Aurangzib Alamgir in 1707 AD, the Muslims ruled
India as a potent political force. Qutb-u-Din Aibak established the Delhi Sultanate in 1206
AD. His successors who were known as “Slave Kings” made way for the Khaljis after a
hundred years. The Khaljis ruled over India for another century before giving way to the
Tughluqs. Though during the 14th and the 15th century, the prestige of the Delhi Sultanate
declined but the power remained mainly with the Muslims

In the beginning of the 16th century, India experienced the thunder bolts of Babar who
established the “Mughal Dynasty” in 1526 AD. Babar and his five lineal descendants
Hamayun, Akbar, Jehangir, Shah Jehan, and Aurangzeb gave India peace, glory and
fame for nearly two centuries.

It was during the period of Alamgir that the Hindus started leading in revolt under the
leadership of the Marathas. It is a fact well understood that during the past centuries the
Hindus never reconciled with the Muslims. After the war of Independence of 1857 AD, the
Hindus joined hands with the British and started depriving the Muslims for even the bare
necessities of life. The Hindus were not as affected as the Muslims by the events of 1857.
Their attitude remained the same as being a ruled community even under their new
masters, the British.

The Muslims realized this situation, though late, when Sir Syed Ahmed Khan
launched the Aligarh Movement in 1858 AD.

Historical Events & Incidents Occurred After 1857 AD


All the following incidents and historical events proved that there was all love lost
between the Hindus and the Muslims and that they could not exist as a nation any further:-

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a. Sir Syed Ahmed Khan launched the Aligarh Movement in 1858 AD.
b. Urdu-Hindi controversy in 1867 AD.
c. All India National Congress in 1885.
d. Partition of Bengal in 1905.
e. Formation of All India Muslim League in 1906.
f. Abolishment of partition of Bengal in 1911.
g. Khilafat Movement & Non-Cooperation Movement from 1919-1924,
h. Treaty of Severse in 1920.
i. Alabad Address of Allama Iqbal in 1930.
j. Government of India Act 1935.
k. Rule of Congress Ministries after the election of 1937.
l. Resignation of Congress Ministries in 1939.
m. Quaid-e-Azam declared “the day of deliverance” on 22 Dec 1939.
n. Muslim League passed Lahore Resolution on 23 Mar 1940.
o. Muslim League’s victory in Muslim majority areas.
p. Plan of 3rd Jun 1947.

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INITIAL DIFFICULTIES OF PAKISTAN

Boundary Commission. The Indian Independence Act 1947 provided the formation of
two boundary commissions for the division of the provinces of Punjab and Bengal between
India and Pakistan. Each boundary commission consisted of representatives from India
and Pakistan.

Representatives of Punjab Boundary Commission


Pakistan India
Justice Din Muhammad Justice Maher Chand Muhajan
Justice Muhammad Munir Justice Tej Singh

Representatives Bengal Boundary Commission

Pakistan India
Justice Abu Saleh Muhammad Ikram Justice C. C. Biswas
Justice S.A Rehman Justice B.K Mukarjee

Sir Cyril Radcliff was appointed as the chairman of both the boundary commissions.
Both India and Pakistan were agreed to accept the decision of Radcliff incase of deadlock.
As expected the representatives of India and Pakistan were unable to reach on an
agreement and Radcliff announced his own decisions on 16th August 1947.

The award was partial, unjust and unfair to Pakistan as Cliff handed over number of
Muslim majority areas which were contiguous to the boundary of Pakistan to India but
none out the Hindu majority areas to Pakistan. Award also paved the way for the
disputes between India and Pakistan over Kashmir and Canal Water.

From its very inception, Pakistan faced a large number of problems. Some of the
initial difficulties were: -

1. Choice of Capital and Establishment of Government. The first problem that


Pakistan had to face was to choose a capital to form a Government and to establish a
secretariat, Karachi was chosen as the capital of Pakistan. Quaid-e-Azam took the
office of the Governor General, Liaqat Ali Khan was appointed as Prime Minister and
a Cabinet of experienced persons was selected. Arrangements were to be made to
bring the officials who had opted for Pakistan from Delhi to Karachi.

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2. Economic Problems. When Pakistan came into existence, it mostly consisted of


economically backward and underdeveloped areas. The agricultural system was
obsolete and outdated which added to the economic backwardness of the areas
forming part of Pakistan. Before partition the Hindus, with the blessings of the British
Government, had acquired complete monopoly in trade and commerce. The entire
capital was in the hands of the Hindus. Unfortunately, the banks and other financial
institutions were located in Indian Territory. The major industries were also in those
areas which were part of India. Besides these factors the technical experts and
labourers, who operated the industries, were all Hindus because the Muslims
extremely lagged behind in education and financial capabilities. The inadequate
system of transportation and communication also made its adverse affect on
economic development of the country. The railway system and river transportation in
East Pakistan was in depleted condition. The roads were in shabby and irreparable
condition. The communication and transportation system in West Pakistan,
comparatively, was in better position. The power resources in the two wings were
scarce and negligible which were insufficient to meet the national requirement.

3. Administrative Problems. Pakistan came into being under the most appalling
conditions. The Government of Pakistan could not get enough time to set up
workable administrative machinery because of the great difficulties created by
Congress. The Indian Government adopted delaying tactics and transferring the
Government servants and official record which aggravated the situation.
Therefore the immediate task before the nation was to establish a workable
administrative and Government machinery to run the affairs of the newly born state.
The biggest administrative problem facing Pakistan was the acute shortage of
competent and experienced personnel in the Central and Provincial Governments.
Furthermore, there weren’t enough chairs, tables or even stationary and paper pins
for administrative purposes. However, Quaid-e-Azam paid his immediate attention
towards setting up of administrative machinery and took a number of steps to
overcome the administrative problems of the new state.

4. Distribution of Financial and Military Assets. In order to embarrass Pakistan


financially India did a lot of dishonesty in the matters of Pakistan which were
concerned with its benefits. Pakistan was promised to get Rs.750 million but the
Bharat Government refused to give. Pakistan received only 200 million. Pakistan also
did not receive the due share of the military assets. Whatever Pakistan received was

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nothing but scrap and out of order machines, broken weapons, unserviceable artillery
and aircraft. There were 16 ordnance factories and all were located in India. Pakistan
was given only 60 million rupees towards its share in the ordnance factories. Pakistan
did not receive the due share of the military assets till now. This dishonest attitude put
Pakistan into great difficulties.

5. The Massacre of Muslim Refugees in India. On the birth of Pakistan, Hindus and
Sikhs became more furious. In a planned move, Muslim properties were set on fire
and they were compelled to leave Bharat for Pakistan with nothing but their lives.
Millions of refugees were killed before they reached Pakistan. Many migrants were
looted and had to be provided boarding immediately as they reached Pakistan.

6. Constitutional Problem. At the time of establishment of Pakistan the Government


of India Act 1935 became the working constitution of Pakistan with certain adoptions.
But the need of a constitution framed by the elected representatives of the people
was necessary for free people. So the first constituent assembly was formed and was
given the task to frame the constitution for the country. But the constituent assembly
failed to frame a constitution even in eight years. Lack of a permanent constitution
created chances of corrupt interference in democratic progress of Pakistan. On the
other hand, the constituent assembly conferred extra ordinary powers on Governor
General which afterwards led to future constitutional crisis.

7. Issue of National Language. Immediately after the establishment of Pakistan


language controversy was started between East and West Pakistan when the
members of the Constituent Assembly belonged to East Pakistan demanded that
instead of Urdu, Bengali should be made national language of Pakistan. Liaqat Ali
Khan then the Prime Minister of Pakistan refused to accept the demand, which
created resentment among East Pakistan. Refusal of the demand ultimately
transformed into a political movement. In March 1948 while addressing at Dhaka,
Quaid-e-Azam declared, “Urdu and Urdu alone would be the national language of
Pakistan". Advice of Quaid-e-Azam temporarily took the heart out of language
movement but the issue was not settled. It exploded latter after the death of Quaid-e-
Azam.

8. Issue of Pakhtoonistan. At the time of partition N.W.F.P was controlled by the "red
shirts" the ally of Congress. The Khan Brothers, Dr Khan Sahib and Abdul Ghaffar
Khan, were their leaders. Despite the 1947 referendum in which the people of the

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region voted to join Pakistan, the leaders of the" red shirts" demanded union with
Afghanistan or complete regional autonomy. The Afghan Government also supported
the issue by saying that the "Pakhtoons" or pathans living in both Afghanistan and
Pakistan belong to the same race and the "Pakhtoons" of Pakistan wanted to be the
part of the union with Afghanistan called "Pakhtoonistan".

9. Radcliff Paved the Way for the Accession of Kashmir with India. Gurdaspur
was a district contiguous to Pakistan. Out of its four Sub-District Gurdaspur, Batala
and shakergarh were the Muslim majority and Pathankot was a non-Muslim majority
sub-district. At the time of partition the only rail and road communication between
India and Kashmir was possible through the district of Gurdaspur, if Radcliff had only
awarded the Hindu majority sub-district of Pathankot to India still it would not have
had access to the state of Kashmir; by assigning two Muslim majority sub-district of
Batala and Gurdaspur Radcliff provided India a link with Kashmir. In 1948 India
entered its forces in Kashmir through Gurdaspur and annexed the state to India. The
Decision of the Punjab Boundary Commission Caused the Canal Water.

10. Canal Water Dispute. It had its origin in Radcliff Award which drew the boundary
India and Pakistan in way that it cut across the rivers and canal making India the
upper beneficiary and Pakistan the lower beneficiary. It also handed over the control
over two important head works over river Ravi (Madhupure Head works) and Sutlej
(Ferozpure Head works) to India. There was no reason of assigning these head
works to India, as these two Head works used to control the flow and distribution of
water in the area that were included in Pakistan, except to put the economic life of
Pakistan in danger. It was not only a theoretic possibility. India proved it by stopping
the flow of water in 31st March 1948.

As being an agricultural county where rainfall is scanty and agriculture is greatly


depending on irrigation by canal and rivers. Stopping the flow of water by India
caused heavy economic loss for Pakistan. Some time even Pakistan forced to
purchase water from India.

Dispute was finally settled when an agreement called Indus Basin treaty. The
treaty was signed between Ayub Khan the president of Pakistan and Nehru the Indian
Prime Minister on September 19, 1962. According to that agreement India was
allocated the use of two Eastern Rivers namely Ravi and Sutlej whereas three
western Rivers Indus, Jehlum and Chanab were given to Pakistan. To overcome the

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shortage of water World Bank, India and other friendly countries provided Pakistan
financial assistance to construct two dams, five barrages and seven link canals.

11. Annexation of Princely States. At the time of partition there were 462 princely
states in subcontinent that cover 1/3 of Indian Territory and 1/4 of its population.
Rulers of these princely states were given option by the British government either to
join India, Pakistan or remain independent. However these states were advised to
consider geographical location and religious trends of their respective states before
accession to the either country. By 15th August most of these states announced their
accession to either India or Pakistan except Kashmir, Hyderabad and Junagadh: -

a. Kashmir. At the time of partition Kashmir was a state with 77.11% Muslim
population and ruled by a Hindu ruler called Hari Singh. Sharing 1/3 of its
boundary with Pakistan, Kashmir is situated on the north of Pakistan. Muslim
majority of Kashmir wanted to join Pakistan whereas Maharaja Hari Sing wanted
to maintain the independent status for his state. He tried to suppress the large
Muslim majority of Kashmir by starting a brutal campaign to kill the Kashmiri
Muslims. Kashmiri Muslim resisted and started a struggle for their freedom.
When situation became out of control, the Maharaja requested Indian
government for the assistance. Indian government promised to help on one
condition, the Maharaja announced the accession of Kashmir with India on
October 26, 1947. Maharaja secretly signed on the documents of succession
and flew to England. Indian army entered in Kashmir through Gurdaspur, the
only Exit for India to Kashmir. It was a Muslim majority district situated at the
border of India but unjustly assigned to India by the Radcliff Award.

As Pakistan's boundaries were in danger, so Pakistan had to move its


armies. It resulted an undeclared war between India and Pakistan on the issue
of Kashmir. India filled a complaint in UNO describing Pakistan as an aggressor.
Meanwhile the Kashmiri freedom fighters with the help of volunteers from the
tribal area of Pakistan were able to liberate 1/3 of Kashmir from India. In January
1949, a cease-fire line was arranged by UNO in Kashmir cutting across the
valley dividing it between India and Pakistan. UNO also passed a resolution
asking both India and Pakistan to hold plebiscite in the valley but after some time
India refused to do so. Kashmir problem is still unresolved.

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b. Junagadh. The Muslim Nawab governing junagadh favoured in acceding to


Pakistan. But Indian Government sent Army troops towards Junagadh and
occupied the state by force in November, 1947.

c. Hyderabad Deccan. Hyderabad Deccan was the largest and richest state ruled
by Muslim ruler Nizam who decided to remain independent. But pressure tactics
began to be applied by Indian Government and Mount Batten. India attacked
Hyderabad on 13th September 1948 and forcibly annexed this state to India.

12. Electricity Problem. Due to transfer of Muslim majority areas to Bharat and unfair
demarcation, electricity system of West Punjab was disrupted, because all power
stations were at Mundi, a predominantly Muslim majority area, gifted to Bharat but
Quiad-e-Azam said: "If we are to exist as a nation, we will have to face the problems
with determination and force."

13. Death of Quaid-e-Azam. Despite of all the problems, Pakistan continued to march
under the dynamic leadership of Quaid-e-Azam. Nobody can deny that in the early
year predominant leadership of Quaid-e-Azam was a source of strength for Pakistan.
Quaid-e-Azam died on 11th September 1948. After the death of Quaid-e-Azam
though there were great leaders too, but unfortunately none of them was of the
caliber of Quaid-e-Azam.

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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 at the time of independence; however its roots can be traced back to the 1946 when
the elections for the constituent assembly for United India 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 Constituent
Assembly held its first meeting on 9th, December 1946. The ML did not participate in the
elections because it demanded separate Constituent Assembly for Pakistan.

When Indian Independence Act came in July, 1947 in the light of the June 3 rd Plan,
the First Constituent Assembly came into existence; it comprised the members of the old
Constituent Assembly from the Districts that became part of Pakistan. Originally there
were 69 members but later on 10 more members were gradually inducted in order to
provide representation to the princely states that had exceeded to Pakistan and also to
people who had migrated to Pakistan from India. So its strength went up to 79 but actually
it was less than that because some members’ dies and some members left for India so its
actual strength went down slightly from 79. In this Constituent Assembly there were two
major political parties, The Muslim League which had led the movement for the
establishment for Pakistan. The other major party although much smaller than the Muslim
League was the Congress party and its members were from East Pakistan at that time.
There was also couple of other members who were not part of Muslim League, however
these two political parties were significant especially the Muslim League

Functions of the Assembly:


This constituent assembly performed two functions, the first function was constitution
making, so it would at that time act as the constituent assembly, and the 2 nd function which

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it performed was Law Making which means that it would also make ordinary laws for the
state of Pakistan. So in other words it was performing 2 functions constitution making
when it was called as constituent assembly and when it is performing the function of law
making then it was called as the legislative assembly but the title was the Constituent
Assembly of Pakistan. It is this Constituent Assembly that passed the Objective
Resolution.

The inaugural session of the first constituent assembly of Pakistan was held in
Karachi in August 1947. Mr. J.N. Mandal was elected as temporary chairman of
Constituent Assembly of Pakistan. Subsequently Jinnah was selected as the president of
the Constituent Assembly of Pakistan, on 11th August 1947 and Maulvi Tamizuddin Khan
as its Deputy President. The Constituent Assembly of Pakistan functioned from 1947 to
1954 and involved two major parties—the Muslim League representing all Muslims with
the exception of few and The Congress Party representing the twelve million Hindus in
Pakistan.

The first constituent assembly of Pakistan that came into existence at the time of
Independence in August 1947 lasted until October 1954. In October 1954 the first
constituent assembly was dissolved. So the first constituent assembly of Pakistan
remained in office for little over seven years. This was the first constitutional document
which served as the foundation of the constitution sets out the parameters and identified
the goals and the objectives which the framers of the constitution wanted to achieve.

The Objective Resolution was moved by Liaquat Al Khan who was the Prime Minister
of Pakistan at that time and the constituent assembly debated this resolution in at least
five sessions. They deliberated this in great details on all clauses and provisions and on
March 12, 1949 this OR was adopted by the constituent assembly of Pakistan.

Salient Features of Objective Resolution

1. Sovereignty. Sovereignty over the entire universe belongs to Almighty Allah alone
but He has delegated it to the state of Pakistan through its people for being exercised
within the limits prescribed by Him as a sacred trust.

2. Use of Authority. The representatives of the people will use the delegated authority
as a sacred trust according to the guidance of Quraan and Sunnah.

3. Principles of democracy, equality, freedom and social justice will be ensured.

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4. Federal System. There will be introduced federal system in Pakistan.

5. Muslims. To provide opportunities for the Muslims so that they could live according
to the principles of Islam.

6. Minorities. Minorities will be allowed to profess and develop freely their religion and
religious institutions.

7. Development of Under Developed Areas. The under developed areas will be


developed on priority basis.

8. Fundamental Rights. Fundamental rights of citizens of Pakistan will be guaranteed.

9. Judiciary shall be independent.

Committees
The first constituent assembly setup several committees to carry out its tasks. Most
important of these was the Basic Principles Committee; it was assigned the task to report
in accordance with the Objectives Resolution on the main principles by which the
constitution of Pakistan was to be framed. Basic Principles Committee setup three
sub-committees and a special committee named Talimaat-i-Islamia which consisted of
scholars to advice on the religious matters arising out of Objectives Resolution. Basic
Principles Committee submitted its interim report in September 1950 and the final report in
December 1952.

Another important committee of the Constituent Assembly was on the ‘Fundamental


Rights of the Citizens of Pakistan’ and on ‘Matters Relating to Minorities’. It divided itself
into two sections, one dealing with fundamental rights and the other with matters relating
to minorities. Interim report of this committee was adopted by Constituent Assembly in
1950 and the final report in 1954.

Others committees of the constituent assembly were the State Negotiating


Committee, which dealt with the question of representation of princely states and the
Tribal Areas Negotiating Committee, dealing with matters related to tribal areas.

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MUHAMMAD ALI BOGRA FORMULA (1953)

Mohammed Ali Bogra (1909 - 1963) was a Pakistani statesman of Bengali origin, who
served as the third Prime Minister of Pakistan from 1953 until 1955. After taking charge as
Prime Minister, Muhammad Ali Bogra declared that formulation of the Constitution was his
primary target. He worked hard on this project and within six months of assuming power,
came out with a constitutional formula. His constitutional proposal, known as the Bogra
Formula, was presented before the Constituent Assembly of Pakistan on October 7, 1953.
The major features of the formula were:

Main points of Bogra Formula

1. A Bicameral Legislature with equal representation for all the five provinces of the
country in the Upper House. 50 seats were reserved for the Upper House.

2. The 300 seats for the Lower House were to be allocated to the provinces on the basis
of proportionate representation.

3. 165 seats were reserved for East Pakistan, 75 for Punjab, 19 for Sindh and Khairpur,
24 for NWFP, tribal areas, and 17 for Baluchistan; both the wings were to have 175
seats each in the two houses of the Legislative Assembly.

4. Both the houses were given equal power, and in case of a conflict between the two
houses, the issue was to be presented before a joint session.

5. If the head of the state was from West Pakistan, the Prime Minister was to be from
East Pakistan, and vice versa.

6. The two houses of the Legislative Assembly formed the Electoral College for the
presidential elections and the President was to be elected for a term of 5 years.

7. Board of Ulema was replaced with the Supreme Court in deciding whether a law was
in accordance with the basic teachings of the Holy Quran and Sunnah or not.

Reaction in East and West Pakistan


This proposal was received with great enthusiasm however, there were some points
of criticism as well. The issue of equal powers to both Houses attracted a lot of criticism
and some people maintained that since the lower house represented the people it should
have more power. But generally this proposal was accepted although the parliament was

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divided on the response to the formula. Another significant measure during this period
which facilitated the problem of constitution making was the settlement of the language
issue. In 1954 the Constituent Assembly of Pakistan decided that the Bengali and Urdu
would be the national languages of Pakistan. This decision facilitated the constitution
making process.

Unlike the two reports of the Basic Principles Committee, the Bogra Formula was
appreciated by different sections of the society. There was great enthusiasm amongst the
masses as they considered it to be a plan that could bridge the gulf between the two wings
of Pakistan and would act as a source of unity for the country. The proposal was
discussed in the Constituent Assembly for 13 days, and a committee was set to draft the
constitution on 14th November 1953. However, before the constitution could be finalized,
the Assembly was dissolved by Ghulam Muhammad, the then Governor General of
Pakistan.

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THE CONSTITUTION OF 1956

Introduction
The legislative assembly prepared first Constitution in 1956 which was enforced on
March, 1956. At that time Chaudhry Muhammad Ali was the prime Minster. He played an
important role in making this constitution. Pakistan was called Islamic Republic according
to this constitution and Federal and Parliamentary type of government was constitution.
The principle of equality was adopted for East and West Pakistan. West Pakistan was
made on unit by joining for provinces. Central and provincial governments started working
remaining in their limits. President was the constitutional Head hut the powers of the
President were Limited. The first constitution of Pakistan was enforced on 23 March. The
constitution was never practically implemented as no elections were held. It was
eventually abrogated on October 7, 1958 when Martial Law was enforced.

Details
The 1956 Constitution of Pakistan had 234 articles and 6 schedules in which the
whole constitutional framework and principles for governance and power management
have been outlined. This Constitution describes Pakistan as Islamic Republic of
Pakistan that is the official title of the Pakistani state. If we look at the provisions of the
constitution we will find that there is an impact of Govt of India Act 1935 and the 1 st Interim
constitution of 1947 on this constitution. Some of the articles of the Indian Act of 1935 and
the 1st Interim constitution have been incorporated in this constitution with some
adjustments and modifications here and there and in certain cases language is very
similar if not the same. So in a way there is some continuity from the previous document
to this document. Although it is different from the previous one in most respects but there
in some continuity.

Salient Features
1. Islamic Republic of Pakistan. The name of the country was adopted as the Islamic
Republic of Pakistan. The Objectives Resolution was included as Preamble in the
constitution.

2. Federal System. The constitution provide for a federal system in the country. The
powers were divided among the centre and the provinces. The subjects were divided
into three lists; the Federal List, the Provincial list, and the concurrent list.

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3. Unicameral Legislature. The Legislature was to consist of only one house. Both
the wings of the country were given representation in the National Assembly. The
National Assembly consisted of 300 members. 150 members were drawn from each
wing. Thus the principle of parity was adopted.

4. Parliamentary System. Parliamentary system was adopted. According to its


President was the Head of the State and the Prime Minister headed the government.

5. Independent Judiciary. The constitution provided for an independent judiciary in


the country. A Supreme Court was constituted. It was headed by a Chief Justice. The
Supreme Court, interpreted the constitution, advised the state whenever required and
decided the issues arising among the governments.

6. The President. According to the 1956 Constitution the President was the head of
the state. He was to be a Muslim of at least forty years age. The tenure of his office
was five years. In case of internal or external danger he could declare state of
emergency in the country. He was authorized to appoint the Governors, the Judges of
the Supreme Court, Auditor General and the Advocate General.

7. The Prime Minister. The Prime Minister was the head of the government. He was
the leader of the Parliamentary group and was thus indirectly elected by the people.
He was authorized to nominate his cabinet among the members of the National
Assembly. The Cabinet was answerable to the Assembly.

8. Fundamental Rights. The Constitution of 1956 provided for the fundamental rights
for the citizens of Pakistan.

9. Islamic Law. No law would be passed against the teachings of Quran and Sunnah
and the existing laws would be made Islamic in character.

10. Language. Urdu and Bengali were made national languages.

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THE CONSTITUTION OF 1962

After the military coup of 1958, Ayub Khan waited for some time with the intention of
paving public opinion in his favour. A legislative commission was established under the
leadership of Justice Shahaab-ud-din. The commission forwarded a report on 6th May
1961 but Ayub Khan was not satisfied with the report and had it processed through
various committees. As a result the Constitution, which was promulgated on March 1, and
enforced on June 8, 1962, was entirely different from the recommendation of the Shahab-
ud-din Commission. The constitution of 1962 was a one man show. It was designed for a
single man. Apparently it gave many rights and securities to the people but actually it
deprived the people from all kinds of political rights and their representation in the
legislation.

It had the following salient features:-


1. Written Constitution. The Constitution of 1962 was a written document. It
consisted of five schedules and 250 articles.

2. Title of the State. When the constitution was enforced on June 8th 1962 the title of
the State was given as “The Republic of Pakistan”. But when this title was given there
was a demand in and outside the assembly that the title should be the Islamic
Republic of Pakistan that is the demand was to go back to the title that was provided
in the earlier constitution of 1956. The 1956 Constitution describe the country as the
Islamic Republic of Pakistan. So after some thinking on this issue 1 st amendment was
made in the constitution which dealt with a number of issues but here one issue is
important for us that is the word Islamic were inserted in the title and therefore
Pakistan once again became “The Islamic Republic of Pakistan”.

3. The constitution was president friendly and rigid. Making amendments was easy
only if supported and endorsed by the president. It was a very lengthy for assembly if
making any amendment; the 2/3rd majority of the assembly had to pass the bill and
then had to send it to the president. If president did not take up any objection for thirty
days, the amendment was considered valid. However, the president might disapprove
or send back the resolution with certain alterations. In that case, it was needed to
gain the consent of 3/4th majority of assembly. The president had to give consent in
ten days or had to propagate it for the opinion of Basic Democrats. In that case, the
opinion of the B.D’S was considered final.

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4. Federal System. A federal system was introduced in the country. It consisted of a


central government and two provincial government comprising East and West
Pakistan.

5. Presidential forum of government. President was the head executive of the nation.
He was empowered to nominate the ministers of his cabinet.

6. Unicameral Legislature. The constitution like the previous constitution provided for
unicameral legislature called National Assembly. Its total strength was 156 (later 218
and then 313, who were elected by the electoral college of Basic Democrats.
Besides, certain seats were also reserved for women. Its term was 5 years, which
was fixed. The members were elected on the basis of parity of representation
between East and West wing. The proceedings of the Assembly might not be
challenged in any court of law. Unlike the previous practices the members of the
cabinet were not the members of the legislature. The ministers could attend its
meetings but like US system neither the president not his cabinet colleagues were
responsible to it.

7. Indirect Method of Election. The President was elected by an Electoral College


comprising 80,000 Basic Democrats, equally distributed between the two provinces.

8. Provincial Governments. There were two provincial governments. Each of them


was headed by a governor. He enjoyed powers in the province which the President
enjoyed in the centre. The Governor was empowered to appoint provincial ministers
with the sanction of the President of Pakistan.

9. Powers of President. According to the 1962 Constitution the President should be a


Muslim with the term of 5 years. He was eligible to promulgate Ordinances and veto
against legislated laws only override-able by two/thirds of the National Assembly.
However, the President was not empowered to dissolve the Assembly except the cost
of his office also.

10. Restrictions to the President. The President was not allowed to hold any office of
profit in the service of Pakistan but was not prevented from holding a managing
private property.

11. Islamic Law. No Law would be passed against the teaching of Quran and Sunnah
and the existing laws would be made Islamic in character.

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12. Fundamental Rights. The constitution of 1962 laid down fundamental rights of
speech and expression, freedom to choose profession and freedom to profess
religion. With Regards to civil rights, familiar right such as the rights of life, livery and
property were granted.

13. Role of Judiciary. The Judiciary was responsible for the interpretation of laws and
executive orders in the light of the principles embodied in a written constitution. All
the judges of the High courts had to be selected and appointed by the president with
the advice of the chief justice. But president was not bound to the opinion or wishes
of the Chief Justice.

14. Language. Urdu and Bengali were recognized as National Languages.

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THE CONSTITUTION OF 1973

Definition of Constitution
A constitution is a set of fundamental principles or established patterns, according to
which a state or other organization is governed. These fundamental principles may be
written or unwritten. A constitution defines the principles upon which the state is based,
the procedure in which laws are made and by whom. Constitution also acts as limiter of
state power, by establishing lines which a state's rulers cannot cross, such as fundamental
rights. The oldest (1787) written national constitution is that of the US.

Introduction
After taking control of the government in 1971, Z.A. Bhutto started work on a
democratic constitution for the country. On 17th April 1972 the National Assembly
constituted a committee to prepare a draft constitution. The Committee worked hard and
prepared the draft of the constitution which was presented to the leaders of all
parliamentary leaders on 20th October 1972. All the leaders signed the draft. After that it
was discussed and debated in the National Assembly which gave its approval on 10th
April 1973. The President gave his assent on 12th April 1973. Finally the Senate approved
the constitution in August 1973. Consequently the constitution was enforced in the country
on 14th August 1973. According to the Constitution of 1973, Mr. Z.A. Bhutto looks over as
the tenth Prime Minister and Mr. Fazl-e-Elahi was sworn in as the President of Pakistan.

Salient Features of 1973 Constitution


The Constitution of 1973 is strikingly different from the earlier Constitution of 1956
and 1962. It has the following salient features.

1. Written Constitution. Like the previous constitutions of 1956 and 1962 the
Constitution of 1973 is a written document. It is very comprehensive and consists of
twelve parts consisting of 280 articles.

2. Introductory and the Objectives Resolution. It commences with an introductory


which slates the Islam shall be state religion. The principles and provisions set out in
the Objectives Resolution have been made substantive part of the constitution.

3. Islamic System. The inclusion of Islamic Provisions has given the 1973 Constitution
an unprecedented Islamic character. It ensures an Islamic system in the country.

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4. Rigid Constitution. It is a rigid constitution. No Government can change it at will. It


is not easy to make amendments in it. Two-third majority of both the Houses is
required for this purpose.

5. Federal System. The Constitution of 1973 has introduced a Federal system in the
country. The federation of Pakistan consists of a Central Government and four
Provincial Governments. The Federal Government is headed by a President elected
by members of Majlis-e-Shoora (Parliament).

6. Parliamentary form of Government. The 1973 Constitution proposes a


Parliamentary form of Government in the country. Prime minister is the head of the
Parliamentary system. He is leader of the Majlis-e-Shoora (Parliamentary). He is
elected on direct adult franchise basis. The Prime Minister selects a cabinet of central
ministers from the members of Parliament which conducts the affairs of the country.
According to 1973 Constitution the Prime Minister enjoys wide powers.

7. Bicameral Legislature. The Constitution provides for the establishment of a


bicameral legislature in Pakistan. The Majlis-e-Shoora (Parliament) consists of two
Houses named Senate and National Assembly. The Senate or the Upper House
consists of 63 members (the 8th Amendment has raised this number to 87). The
National Assembly consists of 200 members (Now this number has been raised to
207). The Majlis-e-Shoora enjoys wide powers of legislature.

8. Direct Method of Election. The Constitution of 1973 gives a direct method of


election. The members of the National Assembly, the Provincial Assemblies are
directly elected by the people.

9. Fundamental Rights. The 1973 Constitution ensures the following fundamental


rights to the citizens of Pakistan.

a. Security of person.
b. Safeguard against unlawful arrest and detention.
c. Prohibition of slavery and forced labor.
d. Freedom of movement.
e. Freedom of assembly.
f. Freedom of association.
g. Freedom of business.

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h. Freedom of speech.
i. Freedom of profess religion.
j. Right to hold property.
k. Equality before law.
l. Right to preserve language, script and culture.
m. Safeguard against discrimination in services.

10. Principles of Policy. The Constitution of 1973 has set the following principles of
policy: -
a. Local electoral bodies will be set up for solving local problems.
b. The parochial and other prejudices shall be discouraged.
c. The women shall be given full representation in all spheres of national life.
d. Social justice shall be promoted.
e. Bonds with Muslim world shall be strengthened.

11. Independence of Judiciary. The Constitution of 1973 stresses upon the


establishment of an independent judiciary. Full job security has been provided. The
judges are appointed by the President. They cannot be removed from service before
the end of their term except on the recommendation of the Supreme Judicial Council.
In addition the Judges are paid respectable salaries.

12. National Language. The 1973 Constitution has declared Urdu as the national
language of Pakistan. However English has been retained as the official language for
15 years. Similarly regional languages have been provided full protection.

13. Single Citizenship. The Constitution of 1973 has established the principles of
single citizenship. According to this principle the rights and duties of the citizens are
determined by the Federal Constitution only. Thus the people throughout Pakistan
are citizens of Pakistan.

14. Rule of Law. The 1973 Constitution establishes rule of law in Pakistan. According to
rule of law no person can be deprived of his fundamental rights. All the citizens of
Pakistan are equal before law.

15. High Treason. According to the Constitution of 1973 the act of unconstitutional
abrogation of the Constitution has been declared as an act of High Treason.

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16. Referendum. The Constitution of 1973 has authorized the President to hold
Referendum on any national issue. Similarly the Prime Minister can ask the President
to hold referendum on any important national issue.

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CONSTITUTIONAL AMENDMENTS OF THE PAKISTAN CONSTITUTION 1973

1st Amendment, Date of enactment: May 8, 1974


Nature of amendment: Most important amendments were to Article 1 where clause (2)
was deleted from the constitution. This clause referred to the representation of East
Pakistan in the Federation of Pakistan. Since Bangladesh had been recognized by
Pakistan this amendment became necessary.
………………….
2nd Amendment, Date of enactment: September 21, 1974
Articles amended: 106 and 260
A new clause was added after clause (2) in Article 260.
Nature of amendments: Amendment dealt with the definition of Muslim and Non-Muslim
for legal purposes and Ahmedis declared as “Minorities” and “Non-Muslims”.
…………………
3rd Amendment, Date of enactment: February 18, 1975
Articles amended: 10 and 232
- Clauses (4), (5) and (7) of Article 10 amended.
- Paragraph (b) of clause (7) in Article 232
Nature of amendments: – executive was authorized to arrest and detain persons involved
in activities against national security for any period of time. The executive was also
authorized to impose emergency in the country through the joint session of the Parliament.
……………………
4th Amendment, Date of enactment: November 25, 1975
Articles amended: 8, 17, 19, 51, 54, 106, 199, 271, 272, 273, 1 st and 4th Schedule
Nature of amendments: Amendment to ensure limiting the powers of High Courts in
interfering with cases related to preventative detainment.
……………………
5th Amendment, Date of enactment: September 15, 1976
Articles amended: 101, 160, 175, 179, 180, 187, 192, 195, 196, 199, 200, 204, 206, 212,
260, 280 and First Schedule.
Nature of amendments: Major amendment related to the status of the Governors as he
need not to from same province, The Chief Justice and the discretionary powers of the
High Courts and Supreme Courts.
…………………

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6th Amendment, Date of enactment: January 4, 1977


Articles Amended: 179, 195, 246, and 260
Nature of amendments: Amendment to extend the stay of the Chief Justices of Supreme
Courts and High Courts beyond their retirement limit in case their tenure had not been
completed by that time.
………………..
7th Amendment, Date of enactment: May 16, 1977
Articles amended: 101, 245
New Article inserted: 96 A [ceased to remain in force after September 30, 1977]
Nature of amendments: The prime minister was given the power of referendum to prove
his popularity and judiciary was restrained from touching issues pertaining to the armed
forces.
……………………
8th Amendment, Date of enactment: November 11, 1985
Articles amended: 48, 51, 56, 58, 59, 60, 75, 91, 101, 105, 106, 112, 116, 130, 144, 152A,
270A and addition of new Schedule, the Sixth Schedule.
Nature of amendments: The eighth amendment in the constitution was made by General
Zia-ul-Haq. Under this amendment the parliamentary system of governance was tilted
towards quasi-presidential. The president was empowered to dissolve the National
Assembly, appoint services chiefs of the armed forces and governors and designate the
prime minister.
Two power centres were created vast powers were vested in the president. Under these
presidential powers, four successive elected governments could not complete their
constitutional terms.
………………..
9th Amendment, 1985.
Bill to impose Shariah law as the supreme law of land. The bill was passed by Senate in
1985 but could never be passed by National Assembly owing to the latter's dissolution.
10th Amendment, Date of enactment: March 29, 1987
Articles amended: 54 and 61
Nature of amendments: Under amendment of Article 54 and 61 working days in a year of
National Assembly and the Senate were curtailed from 160 to 130.
……………

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11th Amendment, 1988


The 11th amendment was tabled in 1988 but it could not be passed. In that amendment
bill, the restoration of special seats for women was proposed.
………………

12th Amendment, Date of enactment: July 28, 1991


New Article inserted: 212 B
Provisions amended: Fifth Schedule.
Nature of amendments: Amendment to constitute special courts for heinous crimes as well
as increase the pay of Court Judges.
……………………
13th Amendment, Date of enactment: April 3, 1997
Article amended: 58, 101, 112, and 243
Nature of amendments: Through this amendment the powers of dissolving the assemblies
were taken back from the president and vested in the prime minister. This amendment
was made with mutual agreement of the government and opposition.
……………………
14th Amendment, Date of enactment: July 3, 1997
New Article inserted: 63A
Nature of amendments: Through this amendment the political parties were empowered to
terminate the Parliament membership of their members involved in floor crossing to
strengthen the political parties.
…………………

15th Amendment, Date of enactment: August 28, 1998


New Article Inserted: 2B
Nature of Amendment: In view of the fact that the Objectives Resolution is now
substantive part of the Constitution. It is necessary that Quran and Sunnah are declared to
be the supreme law of Pakistan, and the Government is empowered to take necessary
steps to enforce Shariah. This amendment was passed by the National Assembly but
could not pass in the Senate.
………………..

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16th Amendment, Date of enactment: August 5, 1999


New Article Inserted: 27
Nature of Amendment: Quota system was extended for another 40 years, i.e until 2013, in
order to safeguard minorities and civil rights.
……………………...

17th Amendment, Date of enactment: August 21, 2002


New Article Inserted: 41, 58, 112, 152A, 179, 195, 243, 268 and 270AA
Nature of Amendment: Amendments made to the constitution for the perpetuation of Rule
by Gen. Musharraf. These amendments were augmented by the inclusion of the Legal
Framework Order (LFO) into the constitution.
………………

18th Amendment, Date of enactment: Apr 8, 2010


Nature of Amendment: Removed the power of President of Pakistan to dissolve the
Parliament unilaterally.

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DISPUTES BETWEEN INDIA AND PAKISTAN AFTER INDEPENDENCE

1947: Partition & Colonialism


The conflict between India and Pakistan originated as a clash between Indian and
Muslim nationalism during British colonial rule. The Indian National Congress led the
Indian-nationalist struggle, while the principal Muslim-nationalist political organization was
the Muslim League. As the British government retreated from South Asia after World
War-II, it served notice on these two organizations to negotiate a constitutional framework
for postcolonial India before its departure in 1947. But the bitter tensions created by the
colonial legacy of divide and rule made it impossible for the parties to meet this demand
within the prescribed time. Consequently, the British government imposed its own plan
and departed. According to this plan, devised by the last British Viceroy, Louis
Mountbatten, areas whose populations were predominantly Muslim, were to join Pakistan,
while Hindu-majority areas were to be part of India.

In the 565 princely states of South Asia, which were not governed directly by the
British, the decision to join either India or Pakistan was left to their rulers. They were, of
course, not required to act according to their people's wishes. Jammu and Kashmir had a
largely Muslim population but was ruled by a Hindu who decided to join India.
The boundary between India and Pakistan was drawn by a British lawyer Cyril Radcliffe.
The incompetence and apathy with which the British colonial regime handled its departure
had catastrophic consequences. Some three million people lost their lives and seventeen
million were compelled to leave their homes.

1947: First Kashmir War


India intervened in Kashmir in 1947 on the pretext that as a regional great power, it
had an interest in maintaining order in this strategically sensitive region near China and
the Soviet Union. Pakistan had inherited a very small army that was almost completely
reliant on British officers. The British Commander-in-Chief of Pakistan's Army initially
refused to send Pakistani troops to bolster the rebellions against Hari Singh, the ruler of
Kashmir. As a result, Pakistan's political leadership felt the urgent need to acquire military
readiness.

The competition for control over Jammu and Kashmir led to the first war between
India and Pakistan in 1947. The continuation of the conflict and tension between the two
countries led them to begin an arms race and helped consolidate the influence of their
national security institutions.

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1960: Indus Water Treaty


In 1960, India and Pakistan concluded The Indus Water Treaty, which enabled them
to peacefully share water from the Indus and its tributaries. As the Indus-basin irrigation
system was central to survival of the ecology that sustains life in the northern region of
South Asia, it was important for the two governments to arrive at an agreement.
The international community took an interest in the problem and made World Bank funds
and technical knowhow available. The two countries set up a joint body to carry out the
treaty and to handle disagreements. Even when India and Pakistan have been at war,
they have meticulously observed their obligations under this treaty.

Although the construction of huge dams and the displacement of people, have had
very destructive consequences, the fact is that the two governments did devise and run a
system that maintained peace. This illustrates the ability of India and Pakistan to
successfully resolve a serious problem.

1965: The Rann of Kutch


 Sir Creek. The dispute lies in the interpretation of the maritime boundary line
between Kutch and Sindh. Before India's independence, the provincial region was a
part of Bombay Presidency of British India. After India's independence in 1947, Sindh
became a part of Pakistan while Kutch became a part of India. Pakistan lays claim to
the entire creek as per paras 9 and 10 of the Bombay Government Resolution of
1914 signed between the then Government of Sindh and Rao Maharaj of Kutch.

 India–Pakistan Maritime Trespassing. Frequent trespassing and violation of


respective national territorial waters of India and Pakistan in peacetime occurs
commonly by Pakistani and Indian fishermen operating along the coastline of the
Indian state of Gujarat and the Pakistani province of Sindh. Most violations occur due
to the absence of a physical boundary and lack of navigational tools for small
fishermen. Hundreds of fishermen are arrested by the Coast Guards of both nations,
but obtaining their release is difficult and long-winded owing to the hostile relations
between the two nations.

1965: Second Kashmir War


When Pakistan failed to get the Security Council to take new diplomatic initiatives to
resolve the Kashmir dispute in 1964, it tried to compel India to make concessions by
fomenting an uprising in Indian-administered Kashmir. India retaliated by attacking

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Kashmir and its army also crossed into Pakistan in the Punjab and Sindh. Pakistan
prevented India from capturing any important towns, but as it had a small army and
munitions, it would have faced difficulties if the war had continued.

As both the U.S. and the Soviet Union feared that China would enter the conflict on
behalf of Pakistan, the UN Security Council called for an end to hostilities and the war
stopped after seventeen days on September 22, 1965.

1971: Another War


The Indo-Pakistani conflict was sparked by the Bangladesh Liberation war, a conflict
between the West Pakistan and the East Pakistan. The Bangladesh Liberation war ignited
after the 1970 Pakistani election, in which the East Pakistani Awami League won 167 of
169 seats in East Pakistan and secured a simple majority in the 313-seat lower house of
the Majlis-e-Shoora (Parliament of Pakistan). Awami League leader Sheikh Mujibur
Rahman presented the Six Points to the President of Pakistan and claimed the right to
form the government. After the leader of the Pakistan Peoples’ Party, Zulfikar Ali Bhutto,
refused to yield the premiership of Pakistan to Mujibur Rahman. There was also the
language issue that kept East Pakistan and West Pakistan in an uneasy status. After that
strikes and non-cooperation movement were started in East Pakistan, negotiation process
was started by the Government of Pakistan but not successful. President Yahya Khan
called the military.

Mass arrests of dissidents began, and attempts were made to disarm East Pakistani
soldiers and police. After several days of strikes and non-cooperation movements, the
Pakistani military cracked down on Dhaka on the night of 25 March 1971. The Awami
League was banished, and many members fled into exile in India. Mujibur Rahman was
arrested on the night of 25—26 March 1971 and taken to West Pakistan. The next action
carried out was Operation Searchlight.

On 27 March 1971, Ziaur Rahman, a major in the Pakistani army, declared the
independence of Bangladesh on behalf of Mujibur Rahman. In April, exiled Awami
League leaders formed a government in Baidyanathtala of Meherpur. The East Pakistan
Rifles, a paramilitary force, defected to the rebellion. Bangladesh Force namely Mukti
Bahini consisting of Niyomito Bahini (Regular Force) and Gono Bahini (Guerilla Force)
was formed under the Commander-in-Chief (C-in-C) General Muhammad Osmani.

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The war between the Pakistan Army and the Mukti Bahini, began. India gave shelter
to the refugees and trained the Mukti Bahini. India also helped with ammunition and its
own soldiers. They attacked the Pakistani army. The Pakistani Army faced problems as
the monsoon came. This helped Mukti Bahini because they could counter the moves of
the Pakistanis.

The crisis quickly escalated into a major international conflict. India claimed that the
presence of millions of Bengali refugees on its territory made it a party to the conflict.
Indira Gandhi ordered air and ground attacks. India, having superior equipment and
forces, mounted a three-pronged movement on Dhaka from the Indian province West
Bengal, Assam, and Tripura.India attacked East Pakistan in December 1971 and the
conflict spread to the Western borders as Pakistan launched limited air strikes and made a
determined military push in Kashmir. The war ended on December 17, after the Pakistan
army surrendered in East Pakistan. Bangladesh then emerged as an independent state.

The conclusion of this conflict was also followed by a realistic appreciation of the new
situation by the political and military leadership of Pakistan. Bhutto, Pakistan's new civilian
president, held negotiations with India's Prime Minister Indira Gandhi. They concluded the
Simla Agreement on July 2, 1972 and agreed to resolve their disputes through bilateral
negotiations. They also agreed not to unilaterally alter the existing "Line of Control"
dividing their armed forces in Kashmir.

1979: War in Afghanistan


Bhutto's government was replaced by a military regime when General Zia-ul-Haq
seized power in 1977. He used Islamization to legitimize his rule. When the Soviet Union
invaded Afghanistan in 1979, Pakistan acquired the status of a frontline state in the U.S.-
Soviet Cold War. Pakistan's army was used by the U.S. to organize resistance to the
pro-Soviet regime in Afghanistan. During the late 1970s and early 1980s, Pakistan's
patronage to hard-line Islamists within the country, the massive recruitment for military and
ideological training, and the spread of weapons provided by NATO countries, created a
fertile ground in both Pakistan and Afghanistan for Islamic insurgency in the region.

Siachen Glacier Conflict


Both India and Pakistan claim sovereignty over the entire Siachen region. US and
Pakistani maps in the 1970s and 1980s were consistently showing a dotted line
from NJ9842 (the northernmost demarcated point of the India-Pakistan cease-fire line,

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also known as the Line of Control) to the Karakoram Pass, which India believed to be a
cartographic error and in violation of the Shimla Agreement. In 1984, India launched
Operation Meghdoot, a military operation that gave India control over all of the Siachen
Glacier, including its tributaries. Between 1984 and 1999, frequent skirmishes took place
between India and Pakistan. However, more soldiers have died from the harsh weather
conditions in the region than from combat. Both India and Pakistan continue to deploy
thousands of troops in the vicinity of Siachen and attempts to demilitarize the region have
been so far unsuccessful. Prior to 1984, neither country had any military forces in this
area. Aside from the Indian and Pakistani military presence, the glacier region is
unpopulated.

1984: Kashmir Again


In April 1984, the Indian Army captured some mountain outposts in northern Kashmir.
This placed the Indian army near Pakistan's access routes to China. Casualties claimed
by the harsh climate were greater than those caused by actual fighting.

1989: Campaign in Kashmir


Due to developments in Kashmir's civil society, a qualitative change occurred in India-
Pakistan relations in 1989. A massive public campaign for Azadi (independence) emerged
in the Valley of Kashmir. This movement dramatically increased the tension between India
and Pakistan and brought them to the brink of full-scale war.

The Azadi campaign began peacefully and was led mostly by secular nationalists. It
quickly turned violent when India's armed forces fired on peaceful public demonstrations.
The Indian government then cracked down on all institutions of civil society. They used
"cordon and search" operations: curfews were imposed and then house-to-house
searches were carried out. There were numerous complaints of rape and torture. The
Indian army eventually crushed the resistance led by secular groups.

1998: Nuclear Tests


When the BJP formed the federal government in 1998, it moved swiftly to satisfy the
demand of India's national security establishment to test nuclear weapons. Pakistan
responded with its own nuclear tests. When the Indian and Pakistani leaders began
negotiations in 1999, Pakistan's Prime Minister thanked his Indian counterpart for
conducting the nuclear tests, for it had provided Pakistan the pretext to come out of the
nuclear closet.

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1999: Battle in Kashmir


In 1999, Vajpayee and Pakistan's Prime Minister Nawaz Sharif declared their intent to
discuss Kashmir. This did not stop the fighting in Kashmir. Later that year, it was
discovered that Pakistan's army had captured strategic heights in Kashmir's Kargil region.
This time as a retaliation of when India seized Siachin in 1984. Our troops had moved
10 kilometers inside the line of control, occupying a staggering 140 posts. India responded
with massive force to evict Pakistan troops, and Pakistan was isolated diplomatically and
agreed to leave Kargil.

Past Skirmishes and Standoffs


 2001–2002 India–Pakistan Standoff. The terrorist attack on the Indian Parliament
on 13 December 2001, which India blamed on the Pakistan-based terrorist
organizations, Lashkar-e-Taiba and Jaish-e-Mohammed, prompted the 2001–2002
India–Pakistan standoff and brought both sides close to war.
 2008 India Pakistan Standoff: A stand-off between the two nations following the
2008 Mumbai attacks which was defused by diplomatic efforts.

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SOUTH ASIAN ASSOCIATION FOR REGIONAL COOPERATION


(SAARC)

Introduction
The South Asian Association for Regional Cooperation (SAARC) comprises
Bangladesh, Bhutan, India, the Maldives, Nepal, Pakistan, Sri Lanka and Afghanistan.
Afghanistan joined in the 14th summit which was held in New Delhi, on 3 – 4 April 2007.
The major observers are Iran, China, Japan, Mauritius, Myanmar, Australia, South Korea,
USA and European Union. SAARC is a manifestation of the determination of the peoples
of South Asia to work together towards finding solutions to their common problems in a
spirit of friendship, trust and understanding and to create an order based on mutual
respect, equity and shared benefits. The main goal of the Association is to speed up the
process of economic and social development in member states, through joint action in the
agreed areas of cooperation.

Structure
At the First Summit held in Dhaka on 7-8 December 1985, the Charter establishing
the South Asian Association for Regional Cooperation (SAARC) was adopted.

SAARC has established a permanent secretariat in Kathmandu (Nepal) and it is


functioning since 1987. The head of the State of the host country acts as Chairman till the
next summit when the chairmanship is handed over to the next host country.

SAARC has a four tiered structure: -


a. The annual summit where heads of governments of member States meet.
b. Council of Ministers which meets once in six months.
c. Standing Committees of the Secretaries.
d. Technical Committees of officials and experts.

Objectives
The objectives, principles and general provisions, as mentioned in the SAARC
Charter, are as follows: -
a. To promote the welfare of the peoples of South Asia and to improve their
quality of life.
b. To accelerate economic growth, social progress and cultural development.
c. To promote collective self-reliance among the countries of South Asia.

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d. To contribute to mutual trust, understanding and appreciation of one another's


problems.
e. To promote active collaboration and mutual assistance in the economic,
social, cultural, technical and scientific fields.
f. To strengthen cooperation with other developing countries.
g. To strengthen cooperation among themselves in international forums on
matters of common interests.
h. To cooperate with international and regional organizations with similar aims
and purposes.

Principles
1. Cooperation within the framework of the Association is based on respect for the
principles of sovereign equality, territorial integrity, political independence, non-
interference in the internal affairs of other states and mutual benefit.
2. Such cooperation is to complement and not to substitute bilateral or multilateral
cooperation.
3. Such cooperation should be consistent with bilateral and multilateral obligations of
the member states.
4. Decisions at all levels in SAARC are taken on the basis of unanimity.

Achievements
SAARC came into existence in year 1985 and since last 29 years of its
establishment had accounted for many achievements. The various achievements are as
follows: -
1. Integrated Program me of Action (IPA). IPA for the nine agreed area have been
launched i.e. agriculture, rural development, science and technology, health,
transport, sports, arts, culture and population activities.

2. Economic Achievements. The major achievements made by SAARC in the


economic field are as follows-
o SAPTA. (SAARC preferential trading arrangement) was signed on 7 Dec,
1999 and came into force since 2001 which promoted trade liberalization in
South Asia.

o SAFTA (South Asian Free Trade Area) was signed in Islamabad in January
2004 and came into force in 2006.

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o SCCI (SAARC chamber of commerce and industry) came into force to


encourage and facilitate business co-operation in private sector.

o SAARC promoted agricultural development by the development and


application of Agrinet project promoting agricultural knowledge in South Asia.

3. Literacy and Education. The major development in the field of education and
literacy are as follows-

o In the field of education, the member states co-operate through forum of


(SACODIL) i.e. SAARC consortium on open and distance learning and head
of universities grants commissions.

o Till 2013 going to establish a common university for education in Delhi.

4. Terrorism and Drug Trafficking. The major development regarding terrorism and
drug trafficking is establishment of SAARC terrorist offences monitoring desk
(STOMD) and SAARC drug offences monitoring desk (SDOMD) which are existed in
Colombo and are maintain their regular flow of information.

Failure of SAARC
Why SAARC has failed to come true to the expectations of the people like any other
regional organization of the world and why it could not help the region to assume peace
and development, these are some of the issues which can be discussed as under: -

a. Indo-Centric Region
The first and foremost reason for the failure of the SAARC to achieve
the desired results is the Indo-Centric nature of the region. In terms of territory,
population, natural resources, military might and economic strength, India is
enjoying the most predominant position in the region.

b. Intra-State and Inter-State Conflicts


South Asia presents a unique picture in terms of its intra-state and inter-state
conflicts as compared to any other regional block in the world. The disputes
between India and other SAARC member countries hinder the way of effective
cooperation in the region as almost all the domestic and foreign policies of the
member countries particularly of India and Pakistan are being evolved on the
basis of these intractable issues. Indo-Pak confrontation on the question of

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Jammu and Kashmir proved always very harmful for SAARC. Although at the
time of formation of SAARC it was unanimously agreed that bilateral issues
will not be raised in the SAARC summits but these issues always emerged in
a very dominant manner and affected the working of SAARC. Similarly the
problem of inter-state conflicts is causing further harm to the SAARC. Instead
of dealing with such problems jointly, the member countries are blaming one
another for the happenings and this way the religious extremism,
sectarianism, ethnic and political violence is gaining further momentum.

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NON-ALIGNED MOVEMENT (NAM)

Introduction
Non-Aligned Movement (NAM) is an important world organization of the third world
countries who do not wish to be aligned with any of the big powers. The NAM can be
defined as:
"The international forum of the people of the third World who openly condemn
and negate the lust for creating the spheres of influence by the super powers
and thus is an important and effective organ against Colonialism and
imperialism."

Reasons for the Formation of NAM

The World War-ll divided the world into two power blocs. The Western bloc being
headed by U.S.A and the socialist bloc being governed by U.S.S.R.

These two super powers involved in cold war creating great problems for the smaller
nations and under developed countries. The best policy for such states would have been
to isolate themselves from the cold war of the super powers and fully concentrate on their
economic, social and cultural uplift. NAM is an organization to help these nations to exist.

Founding Members of NAM


The founding members of the movement were Marshal Tito of Yugoslavia,
Jawaharlal Nehru of India, Jamal Abdul Nasir of Egypt and Ahmad Sukarno of Indonesia.

Bandung Conference
A meeting of those countries of the World who had no alignment with any super was
held in Bandung (Indonesia) on April 24, 1955. It was held to discuss the problems faced
by Afro-Asian countries which were mainly to avoid the "Tug of War" of the super powers.

Main Features of NAM or Panjshila Principles


The declared principles of NAM are:
1. Respect of Independence and Sovereignty. To respect each other’s sovereignty,
territorial integrity and independence.
2. Avoid Aggression. To refrain from acts of aggression or use of force against any
states.

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3. Non interference. Non interference in others international affairs.


4. Recognition of Equality and Liberty. To recognize the equality and liberty of all
the Nations.
5. Peace. To live in a peaceful atmosphere.
Objective of NAM
1. To promote good will and cooperation among the Afro-Asian countries.
2. To consider social, economic and cultural problems of all participants.
3. To consider the problems like radicalism and colonialism.
4. To access the position of Afro-Asian states and their people in the world.

Summit Conferences of Non-Aligned Movements


1. First Summit was held at Belgrade (Yugoslavia) in 1961 in which 25 nations took
part. The rules for obtaining membership of NAM were drafted.
2. Second Summit was held at Cairo (Egypt) in 1964.
3. Third Summit was held at Lusaka (Zambia) in 1970. 51 countries participated in this
conference.
4. Fourth Summit was held at Algiers (Algeria) in September 1973. In this conference
the membership of Pakistan and China was opposed by India.
5. Fifth Summit was held at Colombo (Sri Lanka) in August 1976. 86 countries
participated in this conference. Opposition of radicalism and expansionism was
declared .Arab cause was supported and USA was criticized for its annexation over
Vietnam and Cuba.
6. Sixth Summit was held at Havana (Cuba) on 3rd to 9th September 1979. Pakistan
attended this meeting for first time as a member of NAM.
7. Seventh Summit was held at Delhi (India) in March 1983. 101 countries participated
in this conference. Arab cause, Palestine War, South African and Namibian struggle
were discussed. USA was criticized for assisting Israel.
8. Eighth Summit was held at Harare (Zimbabwe) on 1st September 1986. Afghanistan
Problem, Iran Iraq War, Palestine and Namibian issue were discussed.
9. Ninth Summit was held at Belgrade (Yugoslavia) on 4th September 1989.

Pakistan as the Member of NAM


Pakistan joined NAM in 1979 although it participated actively in the 1st Conference
and attend the 5th conference as an observer. This was due to the fact that Pakistan was
a member of SEATO and CENTO. Pakistan got rid of these organizations after the war

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with India (1965) and the debacle of East Pakistan (1971) when the sponsors of SEATO
and CENTO did not came to help it.
Today, Pakistan participates actively in the programs of NAM and advocates
affectively the problems relating to its member countries. Pakistan placed the case of
foreign interference in Afghanistan in the Session of the 7th conference and was able to
get most of the members confirm Pakistan stand on the problem and its equitable solution.

Conclusion
The NAM re-affirmed the inalienable right of all states to apply and develop their
programs for peaceful uses of nuclear energy for economic and social development.

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