https://www.youtube.com/watch?

v=LXW7mHp9j4E&t=850s

1947

Internal issues:
- Redcliff awards- Manipulation of allocation, lead to conflicts in geographic and water issues
- Financial issue- India had to 750mn to PK and India didn’t give a share of 75% to us
- Refugee Influx- No mechanism to deal migration b/w indo-pak migration.
- No administration, political parties, constitution, industries (PK had no as such industries- Most
industral zones were Calcutta and others except a lil bit in Punjab).

External issues:
- Kashimir in 47-48: India annexated. It was important for both muslim majority and geographic sig
due to water.
- Afghan: Durand line disputed, which was draw agreement between British and Afghan- Afghan
refused to recognize this new state of Pakistan and claimed to have KPK as Pashtunistan. Led to
Afghans sent in KPK and led to insurgency and movement of Pashtunistan

Solution: “Make strategic alliances for security purposes” -> Rise of Armed forces
Led to investing in armed forces and their increase in dominance as compared to political sphere.

New countries have such problems- American revolution faced such problems, French revolution
had same too.

Constitutent Assembly:
Tasked with making constitutent assembly to make constitution, make implementation, do
elections.
Took 9 years to make constitution (1st in 1956!)

Controversies while making constitution-

What’s the religion of country?
What’s the form of Govt? Parlim or Presidential?
What should be the representation in parliament? Based on population or equal rep
What’s the place of minorities in election? Separate electorate or Joint electorate
What’s the distribution of power? Central or Provincial more
What’s the national language?

Religion-
Either theocratic or secular state?
Contraryary interpretations from Jinnah’s statement. With death of Jinnah, it increased

Liaquat Ali Khan passed OBJECTIVES RESOLUTION of 7 March 1949 to deal with this:
Soverignity belongs to Allah
Leader follows Allah
Liberty for non-minorities right. Protecting their rights
PK as federal sys of Govt
PK will have independent judiciary

Tried to do win win for all parties. But started a debate:

Minorities: Jinnah didn’t make such resolution. Also, it’s the role of constituent assembly why
Liaquat doing it. Also, give enough time to study it as minorities don’t know islamic provisions.
Religion is of people not the state. Liaquat and propents replied: They don’t want state like west
which is filled with social evils and others. Need of balanced democracy. And not a radical state but
balanced state.

1956 and 1962 and 1973 Constitution- Objectives resolution has importance of Preamble in all. But
in Zia made it as a FUNDAMENTAL of constitution in 1985.

Islamist groups used Objective Resolutions to fulfill their objective- 1953’s protest against Qadiyanis
in Lahore and Punjab. Justice Munir’s remarks on keeping religion as individual matter but not in
state.

Basic Principle Committee under Objectives Resolution-

Some members of constitutent assembly and others-> To discuss basics principles of constitution. It
created two reports interim and final report (Both rejected). Third bogra formula was accepted.

Power Sharing

Dyanmics: East and West (9 admin units).

Provincial autonomy involves devolution of power for better. However, proponents of provincial
autonomy had their own interests. Political parties at that time were at provincial levels. Provinces
being dominated by Feudals who wanted provincial autonomy.

Urdu speaking elites wanted centeral power.

Military started dominating with enternal conflict. While Punjabis and Pashtun dominating, still are.
Punjab’s political elites converged military and wanted centeral power.

Bureaucracy were undeveloped. Center gave power to bureaucrats to develop administration.

Bureaucrats also wanted centeral power.

East PK’s wanted provincial autonomy: Capital in Khi, bureaucracy and military already dominant
with west.

Presidentital or Parlimantry

Jinnah wanted Presidential system. B/c parlimantry may dominate by feudalism

After death of Jinnah, factions supported Parlimantry sys and instituted in 56 constitution

Distribution of Seats in Parliament

East was 56% of PK. And rest in West. Proportion was, east was dominating.
West was 84% of territory. And suggested not the proportion why?
1. 9 Administrative units v 1 Admin units. The domination of territory
2. In 56%, 25% is of non-muslim and if they come in power, it’ll create muslim-hindu conflict. (East’s
response- Assembly is representation of ppl not geography + Muslims may always supersede even if
non-muslims combine. Logical.)

First report of Basic Constituent Assembly

1. Federal form of Govt (Top center bottom provin),

2. Parliamentry form of Govt,
3. Bicameral legislative (Upper and lower house. Legislative house with upper house as sennate or
house of state and house of people) at centers and Provinces have unicameral (Only ex and
legislative). Further, lower house has proportional wise representation and upper house has equal
representation.
4. Joint session to resolve conflict between upper and lower house + both lower and upper house
will elect head of state. Today too senate and assemblies meet to slectect head of state/ president
5. Head of state/ President will apoint PM. Giving power to head of state. And can be non-muslim.
6. Head state and all members of parliament immunituty from court.
7. Language of Urdu.

Opposition
1. East issue with why not proptional rep at upper house
2. Islam has accountability of khalifa why give them immunity
3. Provincial leaders: All powers have head of state. Give power to provinces.
4. Question on urdu as language

Final report of Basic Constituent Assembly- Khuwaja Nazimuddin report

Changes made
1. Lower house will have equal representation. With 200 east and 200 west PK. (East criticized for
equal rep in lower house even)
2. Non-muslims have separate electorate.
3. Made center strong
4. Head of state must be muslim
5. All answerable to judiciary
6. Board of ulemas to supervise policies

Opposition:
1. East PK on equal rep on lower house.
2. Language still Urdu. Make Bengali.
3. Non-muslims wanted joint electorate because separate electorates mean unequality of making
citizens as second class. Why non-muslim can’t be head of state?
4. Ulemas- Why board chosen by head of state?

Mohammad Ali Bogra- Bureaucrat and PM

Bogra formula to sovle issues

1. Make both as language, urdu and bengali

2. Make 4 admin units (Punjab, Sindh, Baloch, NWFP) + 1 East Pakistan- = 5 units with 10 seats of
each unit in upper house. Lower house with total 300 seats with 165 for east and 135 for west.
Both equal 175 for each. Lol equlaity overall in terms of seats xD.
Lower house has east PK majority while upper house has west PK; hence requires collaboration
Joint session to resolve lower and upper house issues.

Language Controversy

Urdu is spoken by 6%, why nationalise it? Even west didn’t speak urdu. Only elites spoke urdu.
Jinnah said this Urdu-Hindi controversy became controversy of demanding PK. Bengali not conviced
by either Jinnah or Nazimuddin.

All these reasons served at root for delay in constition.

1954-

Constituent assembly working with Governor Genral Ghulam Mohammad. Final draft of constitutent
assembly:

1. Took away some powers of Governor General. Some powers under 1935 Govt India Act
(Amended) -> “Provisional Constitutional Order” (PCO) gave these powers to Governor:
a. Public Representative Office Disqualification Act (PRODA)- Governor general may disqualify any
legislative, bureaucrat, general for some trouble. It was a non-democratic power; hence, constituent
assembly decided to reduce powers under it.

Ghulam Mohammad’s repsonse: Dissolved constitutent assembly for lack of work in making
constitution.
Made new PM (Bogra) and cabinet.

Maulvi Tameezuddin Case (1954)

First constituent’s President was Maulvi Tameezuddin: Filed appeal against Governor General in
Sindh High Court. SHC sided with Tameezuddin and resumed constitutent assembly.

Governor General appealed federeal court: “Doctrine of Necessity” to dissolve assembly. So dissolve.

It was first development- > Where democracy got hurt due to his personal reason which was later
endorsed by Federal court. It was later used by all marital laws!

Second Constituent Assembly (1955)

New PM: Chaudry Mohammad Ali

Already military and bureaucracy were dominating. To center power, “One unit scehme” was
introduced to make west one unit.

1956 Constitution

President Iskandar Mirza

Similar to earlier just

1. Replaced Governor general with President
2. Discarded bicameral sys and used unicameral with equal representation of east and west

7 Oct 1958- Iskandar Mirza placed Martial law

24 Oct 1958 Ayub Khan overtook Iskandar Mirza

Dossol Case-
Ayub (r 1958-69)

Three eras of each martial law phases-

Phase 1- Collatorizaition of political parties, bureaucracy, judiciary and media
Phase 2- Strengthing of Military rule
Phase 3- Co-option

Phase 1-
Political party act banned parties.
PODO act- Misconduct may lead to dismiss public office holders.+ EBDO- Dismissal of elective bodies
PPO act- Curtailed media

Phase 2-
Basic Democratic Order (BDO) in 1959- Elections in 60 to be based on independent people not the
political party basis. Later, presidential referendum for his president
1962 Constitution- Presidential form of Govt for Ayub’s power.
Milibus- Military in business in form of social organization. Case in point- Fauji foundation
Land reforms
Military in Economy

GDP growth at that time 5.8% (For whole 11 yrs avg) v recent 4.8%