DOGAR’S TESTMASTER 54 Islamic Studies

Q What are the causes of the failure of Parliamentary Democracy in Pakistan ?

From 1947-1958, parliamentary form of government was established in Pakistan. The Act of 1935 was dually
amended and it served as an interim constitution. The constituent assembly had 69 members and 10 more seats
were given for representation of states. The assembly also served as legislative assembly. Muslim League having
majority in the assembly elected Liaqat Ali Khan as the first Prime Minister and Quaid-i-Azam as the
Governor General of Pakistan. The parliamentary Form of government remained in power till 1958, when it
collapsed and martial law was imposed. The following were the main causes for the failure of parliamentary
democracy.

Negation of Islamic Democracy: Pakistan was demanded with a specific object of establishing an Islamic
democracy but some politicians started working against ideology and Islamic principles. They regarded the
slogans raised for Islam during freedom movement as emotional and not practical. When the constitution of 1956
was moved in the assembly, the opposition protested against its Islamic clauses and even threatened for a bloody
revolution in the country. The attitude of politicians created bitterness and frustration in the general public who
lost faith in democratic institutions.

Constant Obstructions in Constitution-Making: While India successfully drafted a

constitution for the country within a year after independence, the political IN A NUTSHELL

government in Pakistan intentionally delayed framing the constitution. They raised Barrier in Constitution
Making
many controversial issues like question of parity, Bangla, Urdu controversy for the
Question of parity
official language of the country, separate and joint electorate dispute in East and
Bangla and Urdu
West Pakistan and thus with the exception of objective resolution of 1949 and basic language controversy
principles committee report of 1952, no progress towards constitution-making could Separate and joint
be made till 1956. The people started suspecting the intentions of the politicians and electorate issues
Exception of objective
the members of the constituent assembly. Thus the way was paved for the overthrow resolution of 1949
of a civilian government and coming into power of a military regime. Basic principles
committee report of
Role of Bureaucracy: Bureaucracy also played a crystal-clear role in misleading the 1952
country from the democratic path. The government officials who were obligatory for
running administrative machinery, imposed their likes and dislikes on politicians. They joined hands with Malik
Ghulam Muhammad, the governor general and misused their position in making or dissolving any political party.
The politicians also used the bureaucrats for their political ends. The civil servants and police officers were
transferred on political grounds. The dismissal of Khawaja Nazimuddin’s ministry and abrogation of the
constitution of 1956 were also duo to bureaucratic intrigues. Since bureaucracy had lost the confidence of general
public, they intrigued with the army and welcomed the dismissal of civilian government and coming to power of
army regime.

Opposition to the Constitution of 1956: Iskandar Mirza who replaced Malik Ghulam Mohammad as Governor
General was not in favour of implementing the constitution of1956. He believed in controlled democracy and
therefore in 1958, when he enforced Martial Law he declared that the constitution of 1956 was impracticable. He
DOGAR’S TESTMASTER 55 Islamic Studies

tried to impress upon the people that parliamentary democracy had failed in Pakistan and the only solution was
Martial Law.

Unprincipled Politics: The exhaust politics of politicians were responsible for offending general public opinion
against democratic governments. The Awami League of East Pakistan pressurized Republican central government
and got the smuggling ordinance of East Pakistan repealed. Thus great damage was done to Pakistan’s finances.
The hastily formation of Republican Party in West Pakistan, the political activities of N.A.P (National Awami
Party) in East and West Pakistan, the repeated changes of parties by the political leaders promoted bad politics.
The general public opinion thus turned against civilian government and they welcomed a change.

Economic Crisis: No effort was made to build up Pakistan’s economy on sound foundation. The private sector,
no doubt, made great progress in the industrial field but due to lack of planning, the general public was not
benefited. The Republican government adopted a cool attitude towards First Five Years Plan. The increased
smuggling, black marketing, undue expenditure of the public sector led to a great economic crisis by the
middle of 1958. Imports were more than exports and foreign exchange deposits had dwindled to a horrible figure
of 420 million rupees. Had this situation continued for a few more months, Pakistanis currency might have lost
value in international market and banking would have come to a standstill?

Weak Foreign Policy: Pakistan had to face serious problems in the foreign field from the very beginning.
Kashmir problem, canal water dispute and hostile attitude of Bharat were constant trouble. On the one hand,
Pakistan’s economy was passing through a critical phase due to lack of planning, on the other hand, Pakistan’s
weak foreign policy added to the problems. When India stopped canal water supply to Pakistan, Malik Feroz
Khan Noon, the Prime Minister made a declaration of no war against India, which was the clear indication of
Pakistan’s weakness. But Ch. Mohammad Ali and other political leaders issued statements of condemnation
against India and Ch. Ghulam Abbas started a movement in Kashmir to break the ceasefire line but Pakistan was
not prepared for war and Ayub Khan, the Commander-in-Chief looked for an opportunity to take over power
since politicians had failed to solve the problems.

Delay in Holding of General Elections: One major reason which caused political crisis was the delay in holding
of the general elections and the failure of politicians to face the public. The general elections were intentionally
avoided and the election held at provincial level had given a mandate against Muslim League. After framing the
constitution of 1956 it was expected that general elections will be held within a year but at first, elections were
postponed till November, 1956 and then till March 1959 the politicians in power were not sure of their success in
general elections. They had already resorted to violence during provincial elections. Thus the old leadership was
discredited and the new leadership had not been discovered. Thus all this paved the way for Martial Law.
Iskandar Mirza’s Uncertain Future: One of the important causes of imposition of Martial Law was Iskandar
Mirza, the president who, although the nominal head of the state, started participating in practical politics. He
patronized one group against the other and caused the party politics. He did not want to hold elections and to
enforce the constitution of 1956 because it would result in the limited powers for the president and his own future
may be doomed. Awami League of East Pakistan, Republican Party of West Pakistan, Qayyum Muslim League
end Nizam-i-Islam Party of Ch. Mohammad Ali had all become critical of the political role of Iskandar Mirza.
DOGAR’S TESTMASTER 56 Islamic Studies

Thus Iskandar Mirza not only planned to delay holding of elections which would result in his own loosing the
position but to cancel the constitution of 1956 altogether. Even Ayub Khan the Commander-in-Chief had the
similar opinion about the impracticability of constitution of 1956 and was fully in agreement with Iskandar Mirza.

Political Vacuum:
The political parties had indulged into dirty intrigues and conspiracies. In East Pakistan, Krishak Srimak Party
and Awami League were at daggers drawn and Congress and N.A.P also played dirty role there. In West Pakistan
Qazilbash ministry was intriguing against one unit in order to please N.A.P. The central ministry consisted of 26
ministers, out of 80 members’ house and a tug of war for division of portfolios was going on. The party in power
had no hold on general public. The political system was extremely unstable. Qayyum Muslim League was very
critical of government politics and the revival of Muslim League national guards was the preparation of general
clash. Noon ministry was not in a position to meet the difficult situation. Thus on 7th October 1958, Iskandar
Mirza, the President cancelled the constitution of 1956, dismissed central and provincial ministries, banned
political activities and imposed Martial Law.

Leadership Crisis
During the last seven years (1951-58) Ministries changed seven times.
1. Liaqat Ali Khan, August 1947 to 16th October 1951.
2. Khawaja Nizimuddin, 1951 to 17th April 1953.
3. Mr. Mohammad All Bogra, April 1953 to 11th August 1955.
4. Ch. Mohammad All, 11th August 1955 to 12th September 1956.
5. H.S. Suhrawardy, September 1956 to 11th October 1957.
6. I.I. Chundrigar, October 1957 to 16th December 1957.
7. Malik Feroz Khan Noon, December 1957 to 7th October 1958.
DOGAR’S TESTMASTER 57 Islamic Studies

Achievements of Ayub’s Regime

It was on 7th October 1958 that President Iskandar Mirza abrogated the constitution of 1956, dissolved provincial
and central assemblies and cabinets and banned political parties. Martial Law was imposed and Ayub Khan, the
Commander-in-Chief (C-in-C) was appointed as the Chief Martial Law Administrator, who on 15th October
issued Martial Law regulations. Iskandar Mirza and Ayub Khan could not pull on and ultimately Iskandar Mirza
was made to resign on 27th October 1958 and had to leave for London on pension.

The following were the main achievements of Ayub’s regime.

Maintenance of Law and Order: Martial Law regime activated legal institutions,
crimes were effectively controlled, complaint cells were established, summary
Control of Smuggling
military courts decided the cases promptly and thus justice was given to the people.
During Martial Law
(1958) effective steps Control Of Prices: On first November 1958, Ayub Khan declared fixation of
were taken to control
smuggling. Borders in
prices. The prices of essential commodities like grain, cloth, ghee, spices, tools and
the East Pakistan with machinery etc were fixed. The price lists had to be displaced and Martial Law teams
India were completely checked the price level. The margins of profit for whole sale dealers were fixed. The
sealed by General
Umrao Khan, Governor
defaulters were punished by summary courts. However, after a few months the prices
of East Wing. were allowed to be fixed by the natural play of law of supply and demand.

Ban on the Sale and Purchase of Import License: Before the imposition of Martial
Law, licenses were issued as a political bribe. This resulted in increase in the prices of imported articles. Martial
Law government put a complete ban on the sales and purchase of import license and thus prices were maintained
at a reasonable level.

Bonus Voucher Scheme: In order to boost up export and earn more and more foreign exchange a bonus voucher
scheme was introduced. Under this scheme, exporter was given an import bonus voucher in lieu of a part of his
earned foreign exchange from exported materials. This voucher could be utilized directly by the exporter and
could be sold to another importer. This scheme resulted in earning a lot of foreign exchange.

Control of Smuggling: In the early days of Martial Law effective steps were taken to control smuggling. Borders
in the East Pakistan with India were completely sealed by general Umrao Khan, the military governor. Similar
steps were to taken on sea routes around Karachi. Smugglers were shot at site, smuggled gold of worth 6 million
rupees was captured in 1958. Thus smuggling for some time totally stopped. The income tax defaulters were
asked to deposit immediately tax at the rate of 31%’and within 30 days at the rate of 31% and within 30 days at
the rate of 33% on their black money. Thus by December 1958, government collected around 240 million
rupees of tax on 1340 million rupees of hidden wealth. This policy controlled inflation in the country. The
traders also surrendered to the government, the foreign exchange of 44 million rupees secretly maintained in
foreign countries. The defaulters were severely punished.

Land Reforms: During the pre-Martial Law days, it was difficult to introduce land reforms in the country, since
most of the politicians were big landlord themselves. However, Pakistan, being an agricultural country, land
DOGAR’S TESTMASTER 58 Islamic Studies

reforms was vital to improve its economy. Martial Law government took a bold step. It appointed a land
commission in October 1958 and on 24 January, 1959 land reforms were announced ns giver below:

a) No one was allowed to own more than 500 acres of irrigated or 1000 acres of non irrigated land. 150
more acres were allowed for gardens and pastures. Landlords could also transfer 250 acres of irrigated or
500 acres of non irrigated land to women or orphans of the family.

b) Land beyond the fixed limit had to be surrendered to the government on compensation to be paid in 25
years with a 4% profit.

c) Jagirs were taken over by the government without compensation except the trust Jagir of educational,
religious and philanthropic institutions.

d) The takeover lands were given to tenants, who were the cultivators of these lands in inheritance. The
other cultivators could purchase land from the government on easy installments payable in 25 years.

e) The cultivators were given protection against ejection from lands. The legally ejected tenants had also to
be compensated. The tenants could not be subjected to any illegal tax or force labour. The rate of tenancy
could not be increased. Scattered holdings were consolidated.

f) By June 1959, the reforms were implemented and about 902 landlords surrendered 2547000 acres
to the government. The lands were then distributed among 150000 cultivators. Ayub Khan’s land
reforms were a step in the right direction but ownership limit of the landlord was too high and the
backdoor of gardens transferred to women and orphans was kept open. Thus practically each landlord
could still own about 900 acres of land.

Reforms to Improve Agriculture: A credit Inquiry commission was appointed which recommended
establishment of more competitive societies and co-operative bank. Further agricultural banks and agricultural
finance corporations were amalgamated and given more funds. New fertilizer factories were established at
Multan in West Pakistan and at Finchoganj in East Pakistan. Thus an increase in food-grain production took
place and the government lifted rationing of rood-grain.

Rehabilitation of Refugees: Ayub Khan made general Azam Khan, in charge with rehabilitation department. He
ordered the people to withdraw their exaggerated urban property claims and informed the government about their
‘illegal occupation of evacuee property. With regard to rural lands a formula was adopted under which claims of
1500 production units was accepted without objection. For those who submitted claims for 4000 production units,
their claim was reduced to 2500 production units. Quick disposal of disputed claims was made. The elements who
could not get any property were given cash compensation according to an agreed formula. The un rehabilitated
refugees were provided with houses and therefore in December 1958, Ayub Khan laid foundation of Korangi
colony near Karachi where 15000 quarters were constructed. Similarly Mohammed Pur colony was constructed
near Dhaka.
DOGAR’S TESTMASTER 59 Islamic Studies

Educational Reforms: A commission was appointed in December 1958, which made the following
recommendations.

a) All children of the age 6 to 11 years were to be sent to school within next 10 years.
b) Higher secondary education was to be separated from secondary education. Intermediate colleges were to
be named as higher secondary schools.
c) Technical, agricultural and commercial schools were to be opened and the problem of unemployment
would be solved.
d) College and university education was to be given to selective students only and more scholarships were to
be provided.
e) B.A and B.Sc classes were to be extended from 2 to 3 years but under student pressure, the reform was
withdrawn. Refresher courses were planned for teachers and advanced increments were proposed for
research scholars.
f) More school buildings, laboratories, science apparatus and increase in the salaries of teachers were also
recommended.
Industrial Reforms: Private enterprise was encouraged. More facilities were to be provided in the form of loan,
water supply and electricity for new industrial plants. Heavy industries which have a low margin of profit, for
example ship building industries were to be established in public sector. Coal Industries were to be protected
against foreign competition by banning then Import of such articles. In important towns industrial estates were to
be established. Foreign capital and enterprise were welcomed. Investment promotion banks were established
industries for the first 5 years. Super tax and income tax were reduced. Such steps led to the rapid improvement in
the industrial field. There was an increase of 17% in industrial produce which contributed 13.5 in the total
national income against only 8% in the previous years. The factories which were established during this period
were textile factories increased to 115 from 84. Shoes factories increased to 153 against 14 only. Art silk factories
increased 690 against 76 only. Sugar mills increased to 34 against 14.

Labour Policy: Ayub’s government issued an ordinance under which popular unions
were to be acknowledged by factory owners and all disputes had to be settled with
Industrial
their consultation. Trade union activities were safeguarded against vindictive actions. Development in Ayub
No office beaker could be dismissed with a permission of industrial court. Works Era
committees were established having workers representatives and the day to day The factories which
were established during
disputes and problems were settled. In 1961, the minimum wage law was passed and this period were;
wage below that limit could not be paid. Social security scheme was also introduced. textile factories
Labour class had to be paid pension in case of disability, illness, accident, death etc. increased to 115 from
84,
Muslim Family Law Ordinance: Registration of “Nikah” was made compulsory. Shoes factories
Second marriage was not allowed till the prior permission of the first wife and the increased to 153 against
14 only,
chairman of the council. Minimum age limit for marriage was fixed 18 years for male
Art silk factories
and 16 years for female. The orphan grandson was also given a share in the property. increased 690 against 76
only,
Basic Democracy System: A new system of local self-government was introduced. Sugar mills increased to
Union councils and distract councils were established for villages. Similarly 34 against 14.
DOGAR’S TESTMASTER 60 Islamic Studies

municipal councils and municipal corporations were established for towns and cities. The members of these local
bodies were elected by the public. However, under the constitution of 1962, the local bodies elected the president
and the members of the provincial and central assemblies.

Constitution of 1962: The constitution was enforced under which presidential form of government was
introduced. A central Assembly with 156 members and provincial with 155 members each elected indirectly by
the basic democrats, were to be formed. Thus Martial Law was lifted on 8 June 1962. Fundamental rights were
restored and controlled democracy was introduced in the country.

The Indus Basin Water Dispute: The Indus Basin Water dispute had its origin in the partition of the Punjab. It
broke into the open on April 1, 1948, when East Punjab in India cut off the flow of canal waters to West Punjab in
Pakistan. Pakistan has fertile soil but a hot and dry climate. The rainfall is scanty and undependable. Agriculture,
the mainstay of the economy, is dependent almost entirely upon irrigation by canals drawn from the Indus and its
five tributaries. The three western rivers - the Indus, the Jhelum and the Chenab - flow into Pakistan from the
State of Jammu and Kashmir and three eastern rivers - the Ravi, the Beas and the Sutlej - enter Pakistan from
India. In a very sense the Indus river system is Pakistan's source of life.

The sharing of the waters of the Indus system has been a matter of dispute for many
years between Pakistan and India and later on it became an international issue, until a
treaty governing the use of the water of the Indus system of rivers, entitled "The
Indus Basin Treaty
created an Indus Basin Indus Water Treaty 1960" was signed on September 19 in Karachi by Jawaharlal
Development Fund of Nehru (Prime Minister of India) on behalf of India and by Field Marshal Mohammad
almost $900 million to
Ayub Khan (President of Pakistan) on behalf of Pakistan. Signature of the Treaty
finance the construction
of irrigation and other marked the end of critical and long standing dispute between India and Pakistan, and
works in Pakistan. opened the way to the peaceful use and development of water resources on which the
livelihood of some 50 million people in the two countries was dependent. The treaty allocated the waters of the
Western Rivers - Indus, Jhelum and Chenab - for the use of Pakistan while the three Eastern Rivers - Ravi, Beas
and Sutlej - had been awarded exclusively to India. Simultaneously with the signing of the Indus Water Treaty, an
international financial agreement was also executed in Karachi by representative of Australia, Canada, Germany,
New Zealand, Pakistan, the United Kingdom and the United States and of the World Bank. This agreement
created an Indus Basin Development Fund of almost $900 million to finance the construction of irrigation and
other works in Pakistan.

The division of water provided for in the Treaty necessities the construction of works to transfer water from the
three Western Rivers to meet the irrigation uses in Pakistan hitherto met by water from the three Eastern Rivers.
The effect of the transfer was eventually to release the whole flow of the three Eastern Rivers for irrigation
development in India. The system of canals and reservoirs that was constructed provided further substantial
irrigation development and developed important hydro-electric potential, in both India and Pakistan. It also made
a much-needed contribution to soil reclamation and drainage in Pakistan, and provided a measure of flood
protection in both countries.
DOGAR’S TESTMASTER 61 Islamic Studies

Works in Pakistan
The following works were built in Pakistan:

1. A system of eight link canals nearly 400 miles in total length, transferring water from the Western
Rivers to areas formerly irrigated by the Eastern Rivers. The total area to be thus irrigated became
about 5 million acres and total annual volume of water to be transferred became 14 million acre-feet,
about equal to the entire flow of the Colorado River in the United States.
2. Two earth-filled storage dams, one on the Jhelum River (with a live reservoir capacity of 4.75
million acre-feet) and the other on the Indus (with a live reservoir capacity of 4.2 million acre-feet).
These two reservoirs provided the water storage potential to meet on a firm basis the irrigation supplies of
the Pakistan canals during critical periods of fluctuating short-flow supplies, and as well will make
possible substantial new irrigation development.
3. Power stations installed at the Jhelum Dam with a capacity of more than 3, 00,000 kilowatts.
4. Work done to integrate the former canal and river system into the new inter-river link canals. These works
included three barrages to carry new canals across rivers, and the remodeling of five existence barrage
sand eight existing canals.
5. Tube-wells and drainage to overcome water-logging and salinity in irrigated areas totaling 2.5 million
acres. The number of tube-wells installed was 2,500.
6. The general scheme of works was drawn up by an Indus Basin Advisory Board set up by the Government
of Pakistan, which in addition to Pakistani, irrigation engineers, included representatives of American and
British engineering firms, and in consultation with the Water and Power Development Authority of
Pakistan (WAPDA).

CAUSES OF THE SEPARATION OF EAST PAKISTAN

The tragic incident of East Pakistan separation occurred in 1971. The causes of separation can be traced back
from the past. The present states of Pakistan and Bangladesh were part of undivided India during the British
Colonial rule.

Background: From the mid-19th century, the Urdu language had been promoted as the lingua-franca of Indian
Muslims by political and religious leaders such as Sir Khwaja Salimullah, Sir Syed Ahmed Khan, Nawab Viqar-
ul-Mulk and Maulvi Abdul Haq. Urdu is an Indo-Aryan language of the Indo-Iranian branch, belonging to the
Indo-European family of languages that was developed under Persian, Arabic and Turkic influence. Urdu
language was considered a vital element of the Islamic culture for Indian Muslims while Hindi and the
Devanagari script were seen as fundamentals of Hindu culture. The use of Urdu grew common with Muslims
in northern India; the Muslims of Bengal primarily used the Bengali language. Bengali is an Eastern Indo-Aryan
language that arose from the eastern Middle Indic languages around 1000 CE and developed considerably during
the Bengal Renaissance. As early as the late 19th century, social activists such as the Muslim feminist Roquia
Sakhawat Hussain were choosing to write in Bengali to reach out to the people and develop it as a modern literary
language. The followers of Bengali opposed Urdu even before the partition of India, when delegates from Bengal
rejected the idea of making Urdu the lingua-franca of Muslim India in the 1937 Lucknow session of the Muslim
DOGAR’S TESTMASTER 62 Islamic Studies

League. The Muslim League was a British Indian political party becoming the driving force behind the creation of
Pakistan as a separate Muslim state from British India.

Early Stages of Bengali Language Movement: After the partition of India in 1947, Bengali-speaking people in
East Bengal, the non-contiguous eastern part of the Dominion of Pakistan, made up 44 million of the newly
formed Dominion of Pakistan's 69 million people. The Dominion of Pakistan's government, civil services, and
military however, were dominated by personnel from the western wing of the Dominion of Pakistan. In1947, a
key resolution at a national education summit in Karachi advocated Urdu as the sole state language, and its
exclusive use in the media and in schools. Students from Dhaka rallied under the leadership of Abul Kashem, the
secretary of Tamaddun Majlish, a Bengali Islamic cultural organization. The meeting stipulated Bengali as an
official language of the Dominion of Pakistan and as a medium of education in East Bengal. However, the
Pakistan Public Service Commission removed Bengali from the list of approved subjects, as well as from
currency notes and stamps. The federal education minister Fazlur Rahman made extensive preparations to make
Urdu the only state language of the Dominion of Pakistan.

Public outrage spread, and a large number of Bengali students met on the
University of Dhaka campus on 8 December 1947 to formally demand that
Serious Initiatives by
Bengali be made an official language. To promote their cause, Bengali students
Ayub Khan organized processions and rallies in Dhaka. Leading Bengali scholars argued about
Some serious steps were Urdu not being the state language. The linguist Muhammad Shahidullah pointed out
taken to improve the that Urdu was not the native language of any part of Pakistan, and said, "If we have
economic conditions of
East Pakistan, but due to to choose a second state language, we should consider Urdu." The writer Abul
large population and Mansur Ahmed said if Urdu became the state language, the educated society of East
geographical conditions Bengal would become 'illiterate' and 'ineligible' for government positions. The first
of the region, no vital
achievement could be Rastrabhasa Sangram Parishad, an organization in favour of Bengali as a state
made. language was formed towards the end of December 1947. Professor Nurul Huq
Bhuiyan of the Tamaddun Majlish convened the committee. Later, Parliament
member Shamsul Huq convened a new committee to push for Bengali as a state language. Assembly member
Dhirendranath Datta proposed legislation in the Constituent Assembly of Pakistan to allow members to speak in
Bengali and authorize its use for official purposes. Datta's proposal was supported by legislators Prem Hari
Burman, Bhupendra Kumar Datta and Sris Chandra Chattaopadhyaya of East Bengal, as well as the people from
the region. Prime Minister Liaquat Ali Khan and the Muslim League declined the proposal as an attempt to divide
the Pakistani people, thus the legislation was rejected.

Hindu Influence in East Pakistan: The fourteen percent of population of East Pakistan was Hindus. The
Hindus controlled economic resources, press and public opinion and by a slow and gradual conspiracy planned to
separate East from West Pakistan. The lawyers and politicians were mostly Hindu and belonged to Indian
National Congress. When Pakistan came into existence, they formed Pakistan National Congress and always
exhibited an attitude hostile to Pakistan in the constituent assembly. They took their guidelines from India.
Muslim League government of East Pakistan failed to win the confidence of the people after independence. They
had no public contact and did not appreciate problems of the common man. Since the Muslim League leaders had
DOGAR’S TESTMASTER 63 Islamic Studies

participated in Pakistan movement, they considered their right to rule over the people and thus they lost the
support of general public.

East Pakistan’s Economic Backwardness: East Bengal had always remained economically backward. Before
the partition of India, the people of East Bengal hold the Hindu industrialist of West Bengal responsible for their
own poverty and economic backwardness. When the partition took place, the Muslim of East Bengal expected
their resources be utilized for their economic uplift. Unfortunately, the borders between East and West Bengal
could not be sealed. The Hindu Bengalis indulged into smuggling causing economic losses to East Pakistan
economy. The per capita income of East Pakistan remained much lower than that of West Pakistan. During
the regime of Ayub Khan, some serious steps were taken to improve the economic conditions of East Pakistan,
but due to large population and geographical conditions of the region, no vital achievement could be made. Thus
the economic backwardness of East Pakistan created hatred towards the people of West Pakistan.

Muslims Educational Backwardness and Hindus: The Bengali Muslims were also backward in the field of
education as compared to the Bengali Hindus. The teachers in the schools and colleges were mostly Hindus. They
encouraged the new generation to revolt against Pakistan's ideology and inculcated in them the spirit of Bengali
nationalism. Thus the new generation of students was prepared to separate from West Pakistan.

Power Politics: In 1954, Muslim League lost elections against the United Front of political parties in provincial
elections. The United front soon got divided into different groups and East Pakistani Muslim political leaders like
Suhrawari, Bhashani and Fazal-ui-Haq started a tug of war for power. These political differences provided the
Hindu members of the assembly an opportunity to work against the integrity of the country.1

Language Controversy Damaged the Two Nation Theory: The utmost damage done to the national unity was
the Urdu-Bengali controversy. The demonstrations in favour of Bengali language were started during the life time
of Quaid-i-Azam but he tactfully solved the problem and Urdu was declared as one official language. After his
death, the weak leadership could not control this issue to arise although Bangla was also declared as second
official language. The damage to the national unity was done and the hatred between East and West Pakistan
could not be removed.

DO YOU KNOW

Six Points of Shaikh Mujibur-Rehman: During Ayub's regime, Shaikh Mujibur-Rehman put
forwarded his six points as the only solution of constitutional problem of Pakistan. The six points were
as under:

1. Federal parliamentary form of government through direct elections.

2. The centre to have only defence and foreign affairs.
3. East and West Pakistan to have separate currencies and resources of one part will not be allowed to
shift to the other.
4. Both the units will frame their own economic policies and will also finance federal government.
5. The provincial units will also control foreign exchange.
6. The provinces will also have their own armies consisting of military and Para military force to
participate in country's defence.
DOGAR’S TESTMASTER 64 Islamic Studies

Delay in Constitution Making: The constitution framing in Pakistan was unjustifiably delayed while India
successfully framed its constitution with a reasonable time limit. In Pakistan, only objective Resolution for
framing of constitution was adopted. The difference soon arose with regard to the representation of different
provinces while East Pakistan constituted 56% of the population. It formed only one unit out of five provinces of
the country. Thus demand by the people of East Pakistan for representation on the basis of population, created
differences in constitution framing. The hatred further increased resulting in separation of East Pakistan.

Undemocratic Rule: During ten years rule of Ayub Khan, the democratic institutions were totally crushed and
the public opinion was allowed no expression. This led to a gutter politics, violence and ultimate reaction
resulting in separation of East Pakistan.

The six points of Shaikh Mujibur-Rehman in nutshell wanted to convert provinces into states joined together only
by a loose confederation. This scheme was given the name of provincial autonomy and economically backward
people of East Pakistan were convinced that it was the only solution to get freedom from economic domination of
West Pakistan.

Agartala Conspiracy: India, for many years, worked on a project to separate East from West Pakistan. Pakistan
had refused to recognize India as a great power of South Asia and stood in its way for territorial extension. The
high commissioner at Dhaka regularly influenced East Pakistan politics through Bengali Hindus. The session of
Pakistan National Congress were held in Indian high commissioner's office at Dhaka. Political guidelines were
received from Indian political leaders. Agartala conspiracy case was a clear proof of India's interference
which culminated in its military interference through Mukti Bahini.

Pakistan’s Political Crisis: During the general elections of 1970 held under the legal framework order (LFO) of
President Yahya Khan, the political parties winning the election did not have a countrywide support. The Awami
League won in East Pakistan. The Peoples Party won in Sindh and Punjab, while in NWFP and Bluchistan, the
National Awami Party (NAP) and (JUI) Jamiat Ulema-e-Islam won the elections. Then started a tug of war for
power among them and thus the country could not be kept united. Bhutto as the leader of Pakistan People’s Party
and Mujib as the leader of the Awami League could not reach an agreement. Bhutto declared to boycott 3rd
March 1971 session of the National Assembly which was to be held at Dhaka. President Yahya postponed the
session which gave an opportunity to Mujib to blame the President as partial man. Thus no agreement could be
reached to solve the issue. The East Pakistan's bureaucracy, East Pakistan's rifle and Police sided with Mujib-ur-
Rehman’s Awami League and refused to obey the orders of Central Government. Mujib, who was asked to come
to Islamabad when summoned by President Yahya, he declared in Paltan Medan of Dhaka to implement six points
as whole. On 23rd March, 1971 the massacre of West Pakistanis and Biharis staying in East Pakistan
started. Bhutto-Mujib talks to settle political problems had failed. President Yahya ordered military action and
appointed Tikka Khan as the military governor of East Pakistan. The general public in East Pakistan terribly
suffered resulting in increasing hatred.

Climax of Indian Interference: The air link between East and West Pakistan was cut off when India refused to
allow Pakistani planes of flying over Indian soil as a result of hijacking of "Ganga Plane" of India, which was also
a part of Indian conspiracy. America and Russia were also in favour of separation of East Pakistan due to their
DOGAR’S TESTMASTER 65 Islamic Studies

Anti-China policies and supported Sheikh Mujib's intentions. The Indo-Russian military pact was also made in
1971, which supported India in its military designs. Indra Gandhi, the Indian Prime Minister made a tour of
Western Europe and America and mobilized public opinion against Pakistan. Thus she paved the way for her
military action in East Pakistan. India first sent saboteurs in East Pakistan in the name of Mukti Bahini, and
later, entered its regular troops there on 21st November I 971. The Pakistani forces cut off from West
Pakistan, and also having no air cover, had to surrender on 17th December 1971. Thus East Pakistan was
separated.

Effects of Separation:

1. Pakistan lost 56% of its population as a result of separation of East Pakistan. It was no longer remained
the largest Muslim state of the world.
2. Peoples Party came into power in West Pakistan.
3. 90,000 troops and the people of West Pakistan staying in East Pakistan were made prisoners of war
(POWs), and to get them released was a problem of the new government.
4. The general public of East Pakistan terribly suffered as a result of the fall of Dhaka. The people loyal to
Pakistan were killed by Indian forces. The poor Bengali women were carried to Indian markets and Bihari
areas were bombarded by Indian troops. The industrial plants and machines were carried to India and thus
Muslims of Bengal once again were fallen prey to Hindu imperialism.
5. The National image of Pakistan greatly suffered and the people of Pakistan had to undergo the feeling of
anxiety and frustration. The intrigues got encouraged and Pakistan passed into a critical phase of its
existence.

Role of Military in Politics

The military bureaucracy oligarchy occupied a dominant position and has been in effective command of state
power ever since the creation of the Pakistan. These included inexperienced and inadequate administrative staff, a
massive refugee problem, poor economic resources, regional conflicts, the decline of the Muslim League and the
advent of coalitional politics and unstable governments. This ultimately led to the collapse of the parliamentary
system, the utter failure on the part of the political leadership to provide a functioning civilian government by
developing a consensus on the rules of polity, and the total indifference of the elites towards the masses and their
problems. The basic causes of repeated military intervention in the politics of Pakistan, which turned the polity
into a praetorian state, are explained in the following.

1. Untimely Demise of the Quaid-i-Azam: Like many third-world countries, Pakistan was born a fragile
nation-state. It was burdened with ideological and ethnic cleavages, and created amidst administrative
chaos. The nationalist movement that culminated in the creation of Pakistan in August 1947, although
populist in character, cohered singularity around Mohammad Ali Jinnah's determination, sense of
purpose, and faith in democratic constitutionalism. These were generally recognized as some of the
attributes of Jinnah's leadership. The first year of Independence was marked by heavy dependence on the
charismatic personality of Jinnah; he was Governor-General and President of the Constituent Assembly.
DOGAR’S TESTMASTER 66 Islamic Studies

He had charismatic appeal, stature and unrivalled prestige that commanded and compelled unquestioned
acceptance of his leadership all over Pakistan. However, he died on 11 September 1948, leaving behind
an enduring political vacuum.

2. Constitution Making Dilemma 1947-56: Constitution making in Pakistan was delayed for about nine
years. The two most important factors which delayed constitution making in Pakistan were the differences
between Punjabi dominated West Pakistani elite, and East Pakistani. East Pakistan demanded maximum
provincial autonomy, whereas the West wing favoured a strong centre. The second most important issue
was the quantum of representation: the East wing demanded universal adult franchise as Bengal
constituted about 54% of the total population. Unfortunately, the West wing elite were not ready to
concede this demand. The conflict created a huge political and constitutional problem in Pakistan at its
very inception. The conflict between East and West Pakistan highlighted the distribution of powers
between the federal and the provincial governments. This problem was not peculiar to Pakistan: it had to
be faced in framing any federal constitution. A crucial aspect of the federal state is the distribution of
powers between the federal authority and the federating units. A federal constitution attempts to reconcile
the apparently irreconcilable claims of national sovereignty and state autonomy.

3. Political Instability: The decline of civilian institutions in Pakistan was set in motion primarily as a
result of the serious crisis of political leadership within a couple of years of Independence. After Jinnah,
Liaquat Ali Khan's assassination resulted in the conversion of the office of the Governor General into an
instrument of bureaucratic intervention. From 1951 to 1958, Pakistan had only two Governors-General
and one Commander-in-Chief while seven Prime Ministers toppled one after the other. Bureaucratic
intervention, preemption and opposition among the political leaders made a sham of the parliament and
the cabinet government. The façade of "parliamentary politics" persisted but in reality the focus of
power had shifted to the bureaucratic and military institutions. Liaquat Ali Khan's shadowy
assassination left the ambitious bureaucracy in total command. A strong nexus was also formed between
the civil bureaucracy and the military. It is not surprising that in Pakistan's first two decades, 'the locus of
power centered on the civil services rather than the political leadership, whom it dominated, or the army
with which it closely collaborated. As the political forces fragmented and political institutions declined,
the bureaucratic elite gained the upper hand and dominated policy making.

4. Failure of Political Leadership: Theoretically, the test of leadership is to lead the country and the nation
out of a crisis situation. The dynamic leadership of Jinnah is a witness to this reality. Muslims of the
subcontinent under the leadership of Jinnah successfully fought the forces of British imperialism and
Hindu nationalism culminating in the creation of Pakistan. After the death of Jinnah his political
successors badly failed to create consensus politics. The second line leadership could not translate the
political achievements of Jinnah into a vibrant, moderate and forward-looking democratic polity.
Factionalism, provincialism and power politics marred the first decade of Independence. Pakistan
had seven Prime Ministers and eight cabinets during 1947-58. The ruling parties sustained power by
using state support and powerful apparatus in a highly biased manner. The situation was not much
DOGAR’S TESTMASTER 67 Islamic Studies

different at the provincial level where different political parties and leaders engaged in struggle for power
in violation of parliamentary norms.

5. Interference of the Heads of State: In a parliamentary democracy, the head of state has no room for
political maneuvering. The office of the head of state is nominal and non-partisan. Simply speaking, the
head of the state has no political role to perform as such. In violation of well-established parliamentary
theory, Ghulam Muhammad and Iskander Mirza violated this norm and actively maneuvered, politics not
withstanding legal tradition and the dreadful consequences of their actions. The head of state (Governor
General 1947-57, President 1956-58) gradually assumed effective power and manipulated the divided
political leaders and weak political parties. He was directly involved in making and breaking governments
at the federal and provincial levels. The `active involvement of the head of state in day-to-day politics
further fragmented the political forces and undermined the democratic process.

6. Role of Judiciary: The greatest political development in modern times has been the substitution of
medieval absolute monarchies by popular democracy under the philosophical assertion of popular
sovereignty. Democracy means self-government or in the words of Abraham Lincoln "government of the
people for the people by the people." One of the distinctive characters of democracy is the concept of
limited government. It means that the powers of the executive are well defined by the constitution and
they operate within the legal parameters provided therein. As opposed to monarchies and dictatorships
democracy exists for the welfare of the people. All the democratic constitutions of the world provide a list
of the fundamental rights of the people which are recognized.

7. Homogeneity of Pakistan Army: In Pakistan, the army is the ultimate arbiter in the affairs of the state.
Through most of Pakistan's history, the military has remained the central
focus of power. For half of its existence, Pakistan has been under military DO YOU KNOW
rule or military dominated governance. The rest of the time, the army has still
maintained a significant influence in politics. In this context an astute scholar Only three Army Chiefs
aptly comments, the army and bureaucracy have been the self-appointed in Pakistan's history
came from outside of the
guardians of the Pakistani state since independence. Political parties and Punjab and NWFP.
constitutions have come and gone or been transformed, but these twin These were;
unelected institutions have remained the pillars of the state.’ General Mohammad
Musa,
The military's strength in Pakistan is also a result of its strong ethnic and General Mirza Aslam
Beg,
regional cohesion. The Punjab provides the majority of officers, followed by
and General Pervez
the North West Frontier Province and Tribal Areas. The Army officer cadre Musharraf.
and other ranks are predominantly Punjabis and Pakhtuns. The officers of
these two ethnic groups have not only developed strong mutual ties but have also established links with
the civilian bureaucratic elite, most of whom have a similar ethnic background. The Punjabi-Pakhtun
composition of the Army has been a major source of grievance for Sindhis and the Baloch, who are
underrepresented in the Army. This ethnic imbalance has enhanced the military's efficacy in politics.
DOGAR’S TESTMASTER 68 Islamic Studies

8. Provincialism: The geographical separation of East and West Pakistan produced not only administrative,
physical but social, economic and political problems as well. Distance made communication irregular and
expensive. Misunderstandings arose easily and were difficult to dispel. Since the capital was in the West
wing, East Pakistan felt neglected. Differences in languages and cultures were obstacles in the way of
national integration. In a public speech in Dacca, on March 21, 1948, the Quaid-i-Azam made an
impassioned appeal for national consolidation. He warned against the provincialism waved by the
language controversy that raised its head in the East Bengal only a few months after the establishment of
Pakistan.

9. Factionalism: When Pakistan came into existence it had no well-developed party organization which had
a significant bearing on the process of state formation in Pakistan. According to Rafique Afzal, Pakistan
has not been able to steer its way to a stable, consensus-based political culture leading to national
harmony. This has been due to the absence of national political parties. The Muslim League (ML), which
took credit for the creation of Pakistan, has never been able to transform itself from a nationalist
movement to a national party that could lead the nation on the path to democracy, constitutionalism and
planned economic development.

10. Absence of Land Reforms: Large landholdings or feudalism are medieval hangovers and inherently
opposed to democracy. Landlordism and democracy cannot go together hand in hand because they are the
antithesis of each other. Landlords are a privileged class, with vested interests to serve through politics
and are status quo oriented. They are averse to change. Democracy exists for the welfare of all without
discrimination. This is a paradox in the sense that both cannot coexist under one political system. Europe
and North America abolished large landholdings to allow democracy. India followed suit in the first
decade of her independence. Neither Ayub Khan nor Bhutto nor any other ruler in Pakistan was earnest in
the abolition of huge landholdings, as landlords are the most powerful indigenous class in Pakistan.
Electoral politics being highly biased towards rural areas, landlords predominate in the political landscape
of Pakistan. The bureaucracy and the army also mainly come from that class. By virtue of that class status
of bureaucrats and military officers, the big landlord lobby is directly and deeply entrenched in the
Pakistani state.

11. Absence of Independent Election Commission: Another factor which involved the army's influence in
Pakistan was that the country had no democratic elections for eleven years after Independence, and
democratic values had scarcely struck roots. An independent and powerful election commission is the
guarantor of free, fair and multi-party based elections. Taking only two examples from the democratic list
of the world, America and India are the references in point. The election commissions in these two
countries are very powerful and prevent any sort of rigging, whether pre-poll or otherwise during
elections by the contemporary executive (ruling party) or anyone else. The election commission in
Pakistan has always been the favorite of the ruling party. Unlike India, both pre-poll and during the
polling day rigging more or less with certain exceptions have become a permanent feature of Pakistan's
politics.
DOGAR’S TESTMASTER 69 Islamic Studies

12. International Factor: After WW II, the whole world divided into bipolarity, Capitalist bloc led by the
United States and Communist bloc led by USSR. This phase was characterized by ideological, military
and political confrontations between both blocs. Due to its strategic location, Pakistan was more
important for America in this race. The United States address Pakistani political stakeholders to achieve
its interests. The military and civil establishment gets importance that strengthened the military leadership
homogeneity.

Conclusion: In short, Pakistan inherited the well-established tradition of supremacy of civil-political over
military institution under British political theory. Within a few years of her independence, Pakistan encountered
the ever growing influence of military into politics. Ultimately, unlike India, Pakistan degenerated into a
praetorian state with dreadful political, social and economic fallouts. This process of militarization of Pakistan
owes its transformation to multiple variables as have been discussed. No single factor can be cited as the sole
cause; rather, a cluster of causes led to the intervention of military into politics in Pakistan.

Commonalities among Army Rulers of Pakistan

Pakistan has faced four time martial law in its history. First time, President Iskander Mirza abrogated the
Constitution on October 7, 1958 with the help of Commander in-Chief of the Armed Forces Muhammad Ayub
Khan, who took over the government and imposed martial law in the country on October 27, 1958. The second
occasion was when General Yahya Khan declared martial law in March, 1969. The 3rd martial law was declared
by the General Muhammad Zia-ul-Haq when he overthrew Bhutto Government on July 5, 1977. On October 12,
1999, Prime Minister Muhammad Nawaz Sharif was dissolved and the Army took control once again. But no
martial law was imposed. General Pervez Musharraf took the title of Chief Executive until the President Rafiq
Tarar resigned and General Musharraf became President of Pakistan.

Muhammad Ayub Khan Regime

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the
country. This was the first of many military regimes to the Pakistan's history. With this step, the Constitution of
1956 was abrogated, ministers were dismissed, Central and Provincial Assemblies were dissolved and all political
activities were banned. General Muhammad Ayub Khan, the then Commander in-Chief of the armed forces,
became the Chief Martial Law Administrator. The parliamentary system in Pakistan came to end. Within three
weeks of assuming charge on October 27, 1958, Iskander Mirza was ousted by General Ayub Khan, who then
declared himself President. Corruption was become so prevalent within the national and civic systems of
administration that Ayub Khan was welcomed as a national hero by the people. Soon after entering to power,
the new military government promised that they would carry out reforms in the entire government structure and
would cleanse the administration of the rampant corruption. A thorough screening process of all government
servants was conducted and service records were closely scrutinized. Public servants were tried for misconduct by
tribunals consisting of retired judges of the Supreme Court or High Court. If charges were proven, disciplinary
action such as dismissal or compulsory retirement of the public servant could take place. A public servant could
also be disqualified from holding any public office for 15 years. About 3,000 officials were dismissed and many
DOGAR’S TESTMASTER 70 Islamic Studies

others were reduced in rank as a result of these measures. The rest of the government servants were provided with
an incentive to working hard.

Similarly, a law called the Elective Bodies Disqualification Order, popularly known as E. B. D. O. was
promulgated for the disqualification of politicians. Under this law, a person could be disqualified from being a
member of any elective body till December 31, 1966. Under this harsh law, several politicians like
Suhrawardy and Qayyum Khan were disqualified. The E. B. D. O., particularly its application, was severely
criticized in the legal and political circles throughout Pakistan.

After taking over, Ayub Khan focused on the long-standing question of land reforms in West Pakistan. The land
reforms included the reduction of land ceiling to 1,000 acres for non-irrigated land and 500 acres for irrigated land
and with ownership rights granted to the tenants. The land in excess of these limits was taken over by the
government to be distributed amongst the deserving persons.

Ayub Khan also introduced a comprehensive scheme of local government, popularly known as Basic
Democracies. This scheme was enforced through the Basic Democracies Order on October 27, 1959. Basic
Democracies was a pyramidal plan enabling the people to directly elect to Local Council men they knew, who
would in turn elect the upper tier of the administration. Altogether there were 80,000 Basic Democrats elected. To
lend legitimacy to his rule, Ayub Khan used the Basic Democrats as an electoral college, holding a referendum to
seek a mandate to continue in office as President and to have the authority to frame the future Constitution of
Pakistan. The referendum held on February 14, 1960, asked the voters "if they had confidence in President Field
Marshal Muhammad Ayub Khan, Hilal-i-Jurat?" With the results of the referendum, Ayub Khan was elected not
only as President of Pakistan for five years, but also got the mandate to give Pakistan a Constitution of his choice.

Ayub Khan set up a Constitution Commission which was not only given the responsibility to make
recommendations on the future Constitution, but was also to examine the causes of failure of parliamentary
government in Pakistan. The report of the Constitution Commission was presented to Ayub Khan on May 6,
1961. Ayub Khan was not satisfied by the findings. The 1962 Constitution was very different from the
recommendation of the Constitution Commission, as Ayub Khan favored a presidential form of government. The
1962 Constitution was promulgated on March 1. This ended the three-and-a-half-year Martial Law regime of
Ayub Khan. A civilian constitutional government under Ayub Khan replaced his previous military regime.

The Tashkent Declaration signed by the Indian Prime Minister Lal Bahadur Shastri and the Pakistani President
Muhammad Ayub Khan was not at all approved by the general public, and was regarded as submission to India
and humiliation for the nation. Politicians were already unhappy with Ayub Khan whose Government was
celebrating the decade of various reforms. He fell victim to the then Foreign Minister, Zulfiqar Ali Bhutto, who
exploited the whole situation. He resigned from office, and established a party of his own, Pakistan People’s
Party, announced to "defeat the great dictator with the power of the people". As a result, he and others were
arrested.
DOGAR’S TESTMASTER 71 Islamic Studies

Muhammad Yahya Khan Regime

Ayub Khan tried his best to handle the situation by releasing a number of political prisoners, including the most
popular leader of East Pakistan, Sheikh Mujib-ur-Rahman. He held a Round Table Conference in Rawalpindi with
all the well-known political leaders in March 1969, but it proved to be a stalemate, with the result that Ayub Khan
was forced to hand over power to General Muhammad Yahya Khan, on March 25, 1969. Pakistan was now under
the grip of another Martial Law. Being deeply aware of the explosive political situation in the country, General
Yahya Khan set in motion moves to transfer power to the elected representatives of the people and announced that
the general elections would be held on October 5, 1970. General Yahya Khan set in motion moves to transfer
power to the elected representatives of the people and announced that the general elections would be held on
October 5, 1970. On March 30, 1970 through an Ordinance, he presented an interim constitution. The Legal
Framework Order was actually a formula according to which the forthcoming elections were to be
organized. It goes to the credit of Yahya Khan that the first General Elections in the history of Pakistan were held
during his regime. His other important step was to dismiss the concept of West Pakistan as one unit in July, 1970.

General Muhammad Zia-ul-Haq Regime

Elections were held on March 7, 1977. The Pakistan People’s Party won these elections, but was accused by their
opponents, Pakistan National Alliance, of rigging the elections. On March 14, 1977, the Alliance started a series
of nationwide protests. Talks between the Alliance and Bhutto government were held in June 1977 and an
agreement was reached, but it could not be implemented. But on July 5, 1977, the Chief of Army Staff, General
Muhammad Zia-ul-Haq, imposed Martial Law and the elections were postponed. General Zia-ul-Haq announced
holding of elections within 90 days. A conference of political leaders was held in February 1978, but a year later,
in 1979, General Zia-ul-Haq declared political parties to be defunct and certain political leaders were disqualified.
Under General Zia's Martial Law, there was steady economic growth favoring the private sector, and efforts were
made to Islamize the political, legal and economic structures. Pakistan gained the status of Most Favored Nation
from the United States following the Soviet invasion of Afghanistan in December 1979. Massive volumes of
military equipment and aid were donated to Pakistan to help the four million Afghan refugees who crossed into
Baluchistan and North West Frontier Province. On February 6, 1981, Movement for Restoration of
Democracy was established to return democracy in Pakistan. A provisional Constitution was enforced on
March 23, 1981, as the Constitution of 1973 had been suspended with the imposition of Martial Law. Finally,
after the nomination of Muhammad Khan Junejo as Prime Minister of Pakistan on March 20, 1985, Junejo
fulfilled his promise of lifting the Martial Law and the restoration of the fundamental rights, but at the price of
enforcement of the Eighth Amendment and the validation of the Revival of the Constitutional Order.

General Pervez Musharraf Regime

After the Kargil War, Prime Minister Nawaz Sharif was already on bad terms with Chief of Army Staff General
Pervez Musharraf. On 12 October 1999, Chief of Army Staff and Chairman of the Joint Chiefs of Staff
Committee General Pervez Musharraf overthrew elected Prime Minister Nawaz Sharif and his elected
government. Sharif replaced Musharraf with Inter-Services Intelligence Director-General Lieutenant-General
Ziauddin Butt as Chief of Army Staff while Musharraf was on route from Sri Lanka to Karachi, Pakistan. Sharif
DOGAR’S TESTMASTER 72 Islamic Studies

ordered the commercial airline not to land in Pakistan airspace, although supposedly the airplane did not have a
sufficient fuel to do so. The Pakistan Army learned of the order and seized the control tower at the Karachi airport
in order to allow the plane to land, and beginning the coup d'état. They designated Musharraf as Chief
Executive, suspended the federal and provincial Parliaments, and suspended the Constitution, although
they left Muhammad Rafiq Tarar in office as President. Soon after taking over the country, emergency was
declared in the country.

Following is the text of the Proclamation of Emergency declared by Musharraf:

“In pursuance of deliberations and decisions of Chiefs of Staff of the Armed Forces and Corps Commanders of
Pakistan Army, I General Pervez Musharraf, Chairman Joint Chiefs of Staff Committee and Chief of Army Staff,
proclaim emergency throughout Pakistan and assume the office of the Chief Executive of the Islamic Republic of
Pakistan”.

a) The constitution of the Islamic Republic of Pakistan shall remain in abeyance

b) The President of Pakistan shall continue in office
c) The National Assembly, the Provincial Assemblies and Senate shall stand suspended
d) The Chairman and Deputy Chairman of the Senate, the Speaker and Deputy Speaker of the National
Assembly and the Provincial Assemblies shall stand suspended
e) The Prime Minister, the federal ministers, ministers of state, advisers to the prime minister, parliamentary
secretaries, the provincial governors, the provincial chief ministers, the provincial ministers and the
advisers to the chief ministers shall cease to hold office.
f) The whole of Pakistan will come under the control of the Armed Forces of Pakistan.
g) Subject as aforesaid, all courts in existence immediately before the commencement of this Order, shall
continue to function and to exercise their respective powers and jurisdiction provided that the Supreme
Court or High Courts and any other court shall not have the powers to make any order against the Chief
Executive or any person exercising powers or jurisdiction under his authority;
h) The Fundamental Rights conferred by Chapter I of Part II of the Constitution, not in conflict with the
Proclamation of Emergency or any Order made there under from time to time, shall continue to be in
force.
i) The President shall act on, and in accordance with the advice of the Chief Executive;
j) The Governor of the Province shall act on, and in accordance with the instructions of the Chief Executive.
k) No Court, Tribunal or other authority shall call or permit to be called in question the proclamation of
Emergency of 14th day of October, 1999 or any Order made in pursuance thereof.
l) No judgment, decree, writ, order or process whatsoever shall be made or issued by any court or tribunal
against the Chief Executive or any authority designated by the Chief Executive.

On 1 December 1999, a five-member bench of Supreme Court was constituted to hear these appeals. The bench
headed by Chief Justice Saeed-uz-Zaman Siddiqui and had Justice Mohammad Bashir Jahangiri, Justice Nasir
Aslam Zahid, Justice Abdur Rehman Khan and Justice Wajeeh-ud-Din Ahmed as other members. On 12 May
2000, the Supreme Court of Pakistan declared the coup to be legal and justified, but also ordered that the
DOGAR’S TESTMASTER 73 Islamic Studies

army rule in Pakistan be limited to three years. This led Musharraf to hold a national referendum on 30 April
2002. 98% of the voters favored Musharraf and this extended his Presidential term for another five years. Many
groups criticized the referendum as extremely falsified. The first elections under Musharraf administration were
held in October 2002 and Mir Zafarullah Khan Jamali became Prime Minister. Jamali premiership was
followed by Chaudhry Shujaat Hussain and Shaukat Aziz. While the government was supposed to be run by the
elected Prime Minister, there was a common understanding that important decisions were made by the President
General Pervaiz Musharraf.

On November 3, 2007, President General Pervez Musharraf declared the state of emergency in the country which
is claimed to be equivalent to the state of Martial Law as the constitution of Pakistan of 1973, was suspended. The
Chief Justices of Pakistan, Justice Iftikhar Mohammad Chaudhry was fired and declared nonfunctional on
allegations of misuse of office. This order was received with dismay by many sections of the Pakistani society.
On November 12, 2007, President General Pervez Musharraf issued some amendments in the Military Act, which
gave the Armed forces some additional powers.

Civil Society Movement Against Musharraf: Popular movements against dictatorship naturally gain momentum
when large sections of the society join them, but normally oppositional political parties and their leaders lead
them. In Pakistan however, the anti-Musharraf movement developed spontaneously among the lawyers in early
March 2007 and gradually, human rights and women rights non-government organizations (NGOs) joined it,
while the main political parties remained aloof till sometimes in late October 2007.

In a broad sense, a modern society is established by three components: one, the state and its institutions; two, the
political society comprising political parties and their affiliates, and three, a civil society which comprises
autonomous and voluntary organizations that are distinct from state institutions and political organizations. One
can include, among them, independent newspapers, television and radio channels, trade unions, chambers of
commerce, various interest groups, religious organizations, NGOs and charitable institutions, among others. The
assumption is that, if all three function according to the rules of the game, they complement each other and,
therefore, establish a democratic dispensation where power is not concentrated massively with only one
component.

However, in totalitarian and authoritarian regimes, the political opposition is usually

repressed and, therefore, challenges to the power of the state have to emanate in a

Colonial Target
civil society. Classically, in the absence of any meaningful oppositional political
The Khan of Kalat was party, the Roman Catholic Church and the anti-communist trade union leaders at
forced to lease Quetta to Gdansk became the leaders of the movement for democracy against the dictatorship
the British, which was of the ruling Communist Party. Equally, because of the ruthless suppression of the
keen to prevent the
expansion of the Russian political opposition in Iran, only the Shia clergy could mobilize mass opposition to
Empire. the Shah of Iran. In this latter case, instead of the civil society establishing
democracy, a theocratic dictatorship was installed. Therefore, there is no direct one-to-one relationship between a
civil society-led movement against dictatorship and the Triumph of democracy. It can even result in a much worse
type of autocratic rule.
DOGAR’S TESTMASTER 74 Islamic Studies

In light of such theoretical considerations, if we now examine the Pakistan situation, we find that Musharraf's
government was generally considered an authoritarian regime as he had come to power by overthrowing the
elected government of Mr. Nawaz Sharif in October 1999. Mr. Musharraf tried to promote his regime as a
progressive one in opposition to the Islamists, claiming that he wanted to introduce a moderate and democratic
version of Islam. However, he began to face mounting opposition, including terrorist attacks and assassination
attempts by extremist Muslims, after he decided that Pakistan should join the United States-led "war on terror" in
the aftermath of the 9/11 terrorist attacks.

During that period, some left leaning parties and civil society actors such as liberal newspapers and human rights
and women rights NGOs tended to support Mr. Musharraf because they considered him a counter weight to
militant and violent Islamism. Over time, however, they became less and less convinced that he wanted seriously
to promote a moderate version of Islam consistent with democracy and human rights. Instead, he was seen as an
opportunist who could not take a clear stand against the Islamists.

It was widely believed that Justice Chaudhry had told President Musharraf that he could not contest elections
while remaining in uniform. Moreover, he took up several habeas corpus cases of Pakistani citizens, mainly
critical journalists and political activists, abducted by the security forces, ordering that the detained individuals
should be produced in court.

It was also not surprisingly that the lawyers were the first who took to the streets to protest the public humiliation
meted out to the senior most member of the legal fraternity. Pakistani newspapers and television channels also
became involved in ventilating condemnation of the highhanded behaviour of the Musharraf regime. Over the
months, demonstrations and protest actions continued in the premises of the courts despite violent assaults by the
police and security agencies.

The two main opposition political parties, the PPP and the Pakistan Muslim League-N were initially hesitant to
take part in that movement and it was the lawyers who continued their protests. Both Ms Bhutto and Mr. Sharif
were at that time, living in exile and they were not sure what benefit could be drawn by jumping head-on into
such a movement. Both followed a highly personal type of leadership model and, therefore, were wary of a mass
movement bringing forth new leaders. In any event, Justice Chaudhry was re-instated on 10 July 2008 by a
Supreme Court Bench. However, that did not mean that the standoff between Musharraf and him ended. Rather,
Justice Chaudhry embarked upon judicial activism that clearly sought confrontation with Musharraf. Meanwhile,
calls for Musharraf to step down and for a caretaker government to hold free and fair elections were being made
by many people and the mass media. The crisis deepened dramatically when Ms Bhutto (18 October 2007) and
Mr. Sharif (27 November 2007) returned to Pakistan. Musharraf had been under intense pressure from the
United States and Saudi Arabia, respectively, to allow them to return. Their arrival
set in motion not only popular rallies but also bomb blasts. DO YOU KNOW
Former Western
General elections were due on 8 January 2008, but on 27 December 2007, Ms Balochistan is now
Bhutto was assassinated after she had addressed a public meeting. That brought called Sistan, one of the
forth countrywide protests, which, in some cases, turned violent. For a while, it 31 provinces of Iran,
administrative capital in
seemed that a civil war could start. The Pakistan Election Commission postponed
Zahedan bordering with
Pakistan and
Afghanistan. The
province is the largest
province of Iran.
DOGAR’S TESTMASTER 75 Islamic Studies

the elections till 18 February 2008. On 22 January 2008, some unusual members of the civil society, 100 ex-
servicemen, including the highest level officers from the army, navy and air force, issued a statement demanding
that Musharraf should step down and democracy be restored in Pakistan. It was clear that Musharraf's popularity
had dropped drastically and his support base was fast eroding. Yet he persisted in remaining President.

The 18 February 2008 general elections proved to be a massive protest vote against authoritarianism. The PPP
and the PML-N emerged as the main winners. On 22 March 2008, Mr. Gilani was nominated as the PPP
candidate for Prime Minister. He was elected Prime Minister on 24 March 2008. PM ordered the release of
Chaudhry from house arrest. Initially, both the PPP and PML-N and other smaller parties formed a coalition
government, but later the PML-N withdrew because both could not agree on how to deal with the problem of the
deposed judges and the future position of Musharraf who continued to be the President of Pakistan.

Thus while an elected government had come into being, the main demand of the lawyers that the deposed chief
justice and other judges should be restituted was not achieved. Under the circumstance, the lawyers decided to
continue agitating until they had achieved their objective. Consequently, a long march took place when lawyers
from all parts of Pakistan converged in Islamabad on 11 June 2008. Although the PPP-led government allowed
the protestors to carry out their protest, the deadlock between the PPP and the PML-N over how to resolve the
issue of restoration of judges and the constitutional role of then, President Musharraf remained intact. In fact,
Aitzaz Ahsan had to face considerable criticism for calling off the agitation without getting the deposed judges
restored to their jobs. On March 12, 2009 Lawyers' Movement start another long march for the restoration of the
judges. The government of Pakistan refused to reinstate the judges and declared section 144 in effect in three of
the four provinces. This long march was led by the leadership of Mian Muhammad Nawaz Sharif. The
participants of the march broke the blockade in Lahore and continued to march the federal capital. When this
march reached at Gujranwala, night between 15 and 16 March 2009, the Prime Minister of Pakistan restored
Iftikhar Muhammad Chaudhry as Chief Justice of Pakistan through an executive order.

Thus we can see that the Pakistan civil society, more specifically the lawyers, played an effective role in setting in
motion a popular struggle against authoritarianism, but after an elected government came to power, its ability to
compel it to follow its agenda of restoring the deposed judges weakened. The reason for this is that, if political
parties with mass followings, especially those in power, as the PPP is in Pakistan, do not support civil society
democratic initiatives, then the civil society alone cannot achieve such goals. Thus ironically, during periods of
dictatorship, the scope for the civil society to take up political initiatives enlarge if political parties are blocked,
but if a democratic government enjoying mass support is in power and the political parties are not willing to throw
their full support behind the demands of civil society actors for specific issues such as the restoration of the
judges.