COMPLEXITIES IN CONSTITUTION MAKING OF

PAKISTAN
i). Federalism.

One of the main issue is federalism. A cender federal system is

east Pakistan is of less population. when Pakitan got independence

ii). Representation.

BPC report 1.

BPC report 2.

Bogra formula.

iii). Separate or joint Electorate.

iv). National language issue.

v). Presidential Vs. Parliamentary system.

vi). Islamic or Secular State.

Introduction:
Constitution is a set of basic principle and framework for governance and exercise of political power
and legal authority. It clarifies the scope of power, relationship among various institutions within the
government and society.

A Constitution has precedence our ordinary laws and cannot be changed like ordinary laws.

Constitutional Complexities of Pakistan:

The Government of India Act (1935) was adopted after minor modifications as interim constitution
of newly independent state of Pakistan. India framed its constitution just two years after
independence. It took nine years for Pakistan to adopt its first Constitution.

The major issues towards the development of a constitution of its own, the first constituent assembly
had to analyze the following parameters.
 1. Division of power:
Division of powers between the center and provinces. There was tradition of strong center during
the British rule. After independence, provinces were demanding more provincial autonomy.
Tradition of strong center WON.

2. Representation:
Pakistan

East Pakistan West Pakistan

One administrative Unit 4 administrative units/provinces.

More population. Less population.

Less territory. More territory.

4 provinces had different population and size of territory.

To have a standard formula for the representation of units and population, the Constitution Assembly
(CA) formed a basic principle committee (BPC) in March, 1949.

TASK:

The task of the committee was to frame a set of basic principle for Representation of provinces/units
in central assembly and other matters of utmost importance for the future constitution of Pakistan.

FIRST BPC REPORT:-

September 28, 1950.

Two houses of the parliament were proposed with equal powers.

Lower House Upper House

Representation awarding Representation equal of all the provinces

According to the population of the provinces. irrespective of size of pop & area.

The matter of national language remained unresolved.

East Pakistan opposed this report.

SECOND BPC REPORT:-

December 22, 1952.

Both Houses of the Parliament will enjoy the equal status and powers. It proposed equal
representation to East and West wing.

Report criticized in both wings.

Concept/principle of parity not appreciated in both wings.

MUHAMMAD ALI BOGRA FORMULA:-

After the assassination of L.A.K. Muhammad Ali Bogra presented a formula to resolve the deadlock
in constitution making.

Bicameral Legislature

Upper House Lower House

Equal rep. of all the provinces. Rep. awarding to pop.

East Pakistan got more representation.

Both wings would have equal strength in joint sessions of the Parliament.

REACTION TO BOGRA FORMULA:-

—Welcomed in both parts of the country.

—Urdu Bengali both national languages.

—Principle of parity and representation accepted.

Parity

East Pakistan West Pakistan Oct 14, 1955.

One Unit One Unit (4 provinces amalgamated)

3. Separate or Joint Electorate:

East—Decided for joint electorate.

West—Decided for separate electorate.

1957—Joint electorate was adopted for all Pakistan by the national assembly.

4. The National Language Issue:

In 1948 Jinnah declared that Urdu would be the national language and provinces could use their
language. Bengalis disliked Urdu and demanded Bengali language be declared as national language
of Pakistan. The demand intensified after the death of Jinnah. The issue was finally resolved in the
1956 constitution with both Urdu and Bengali declared as national languages of Pakistan.

5. Parliamentary OR Presidential System:

Consensus for Parliamentary System. Small demand for presidential

Supporters of Presidential system became dominant after the 1958 military takeover. The
Constitution of 1962 was a Presidential Constitution.

6. The Islamic or Secular State.

There was no doubt that future constitutionof Pakistan would be Islamic in nature. However, there
was dispute as to the extent of Islamization and interpretation of Islamic rules. Some scholars wanted
to see a theological constitution. However, the majority supported idea of Islamic character of
constitution that meets with the demands of modern nation states. The question of Islamic character
of constitution became particularly a thorny one.

…………………………………………………………………………………
CAUSES OF DELAY IN CONSTITUTION MAKING OF PAKISTAN
INTRODUCTION
On August 14th, 1947, Pakistan was carved out on the map of the world for the Muslims of India
in order so that they could live in peace and harmony, according to the principles of Islam, free
to pursue all spiritual and worldly endeavors in a homeland of their own. Though full of hope
and nationalistic fervor; the people of Pakistan were unable to fully realize the dream of their
own personalized utopian state because of a variety of devastating crises plaguing the newly
born state. From the problems of the refugees to the crippling water and food shortage to the
failing health of the father of the nation and serious lack of capable political leaders at the helm
of the state, the resultant is the ominous delay in constitution-making caused serious issues
that were to plague Pakistan for the year to come. The lack of consensus between the two
wings of the state in all matters ranging from the relationship between Islam and the state to
the issue of selecting the national language causes Pakistan to be without constitution for
nearly nine years and in a state of perpetual political chaos and instability. Two constitutions
and numerous heads of state later, in 1973 a constitution was formulated that had been the
product of a democratically elected legislature. However, it failed to create balance of
power between the various branches of government and especially the balance between the
powers of the army and the government.
ISSUES IN CONSTITUTION MAKING
The Government of India Act (1935) was modified and promulgated in the newly state of
Pakistan. The Constituent Assembly (CA) was given the task of framing the Constitution. The
elected members in the 1946 elections made the first Constituent Assembly that faced grievous
circumstances. The first meeting of the CA was held on August 11, 1947 a t Karachi. The process
began with the passing of the Objectives Resolution in which the Islamic and democratic values
were adopted as grounds for the future constitution. The Basic Principles Committee (BPC)
consisting of 24 members was made to work for the constitutional powers. The various sub-
committees on Federal and provincial powers, Franchise, Judiciary, and Fundamental
Rights started working.
The major issues, the first constituent assembly faced, were about:
1. Lack of consensus between east and West Pakistan
i. Representation
ii. The National Language Issue
2. Political vacuum
3. The Islamic or Secular State

1. Lack Of Consensus Between East And West Pakistan

There were numerous disputes between East and West Pakistan such as issues for constitution
making, representation of members in assembly, selection of prime minister and governor
general from East Pakistan or West Pakistan.
i. Representation
Representation at the federal level was another conflicting issue because East Pakistan and
West Pakistan. Both were different in population and size. On the other hand there was
diversity in Western part of Pakistan. The provinces of West Pakistan were also different in
population and size. All of them were sensitive to their representation and provincial
autonomy. To have a Standard Formula for the representation of units and population the
Constituent Assembly (CA) formed a Basic Principle Committee (BPC) on March 12, 1949. The
primary task of this committee was to frame a set of basic principles for the future constitution
of Pakistan.
a. First BPC Report:
This committee presented its first report on 28th September 1950. According to this report two
houses of the parliament were proposed. The lower house was to be elected on the basis of
POPULATION and the upper house was to be elected on the basis of equal representation for all
the provinces of Pakistan namely East Bengal, West Punjab, Sindh, NWFP and Baluchistan.
Equal powers were proposed for the both Houses. East Bengal opposed this report and Liaquat
Ali Khan withdrew it.
b. Second BPC Report:
BPC presented its final report on 22nd December 1952. According to this report two Houses of
the Parliament will enjoy the equal status and powers. It proposed equal representation to East
and West wing. This report also faced reaction in both the wings of Pakistan. The principle of
parity was not appreciated in both East Pakistan and Punjab.
c. Muhammad Ali Bogra Formula:
Muhammad Ali Bogra immediately after assuming the office of the Prime Minister presented a
formula to resolve the deadlock in constitution making. According to this formula Pakistan
would have a bicameral legislature. In upper house there would be EQUAL representation to
each of five units. In lower house population will be represented. In this way more
representation was given to East Pakistan. Both wings would have equal strength in joint
sessions of the two houses.
Reaction to Bogra Formula
It was welcomed in both parts of the country. The principle of parity and representation of the
was appreciated. I t also solved the problem of national language by suggesting Urdu and
Bengali both as national language.
d. One Unit of West Pakistan October 1955
One Unit of West Pakistan was established on 14th October 1955. The provinces of Punjab,
Sindh, NWFP and Baluchistan would be amalgamated in one unit to establish parity between
the two parts of the country.
ii.The National Language Issue
After independence Urdu was adopted as national language of Pakistan. This attitude
discontented East Pakistan. This became more pronounced after the death of Jinnah as
controversies erupted on constitution making. Language Movement started in East Pakistan
February, 1952.
2. Political Vacuum
There was an un-organized political system in the country in its initial stages, resulting in the
lack of leadership and immature policies. The incessant changing of political leader further
made the constitution making vulnerable. Ultimately the abrogation of PARODA act in 1954
resulted in law and order chaos in the country.
3.The Islamic or Secular State
From the very beginning of Pakistan Movement there was an agreement that the state will seek
constitution to encourage Islamic ideology. There was pressure from the righteous parties over
government. The Constituent Assembly took time to define the precise relationship between
the state and Islam.