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Constitutional Development in Pakistan from 1947 to 1956:

Creation of Pakistan in 1947 was in many ways a unique event which at the same time was bound to have
many difficulties primarily due to a consistently hostile attitude adopted by Indian leadership. The Indian
leaders continued to create difficulties for Pakistan in the hope that Pakistan would not survive for long.

One of the most uphill task for the newly created Pakistan was the framing of its comprehensive
Constitution. Both India and Pakistan at their birth adopted Government of India Act of 1935 with
essential amendments as the interim constitution i.e. Parliamentary and Federal in nature.

Quaid-e-Azam with his vast and strong background of handling legal matters took up this problem with
urgency however gravity of other issues compelled him to pay his attention to other matters which
delayed this important process of constitution making.

Liaquat Ali Khan and his Objectives Resolution of 1949:


Objectives resolution was passed on 12th March 1949 while Liaquat Ali Khan was the Prime Minister
and Khawaja Nazimuddin was the 2nd Governor General at the time. This resolution was based on
Islamic Principles, justice, equality and tolerance with an independent judiciary plus protection of
minorities.

Khawaja Nazimuddin presented report in 1952:


It was commonly known as Parity Proposal, its main focus was the equal distribution of seats between
West and East Pakistan.

1956 Constitution:
After 9 years of crisis Pakistan’s first constitution was adopted on March 2, 1956. Pakistan appeared
officially as an Islamic Republic. It could be said that the unicameral (single-chamber) National
Assembly with 300 seats evenly divided was done to cripple down the power of East Pakistan. However,
consequently, H. S. Suhrawardy became prime minister and Iskander Mirza became president.

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Initial Problems of Pakistan after Its establishment / Independence:

Pakistan came into existence on 14th august 1947. Soon after its establishment, Pakistan faced number of
problems, which are below:

1. Choice of Capital and Establishment of Government


The first problem that Pakistan had to face was to choose a capital to form a Government and to establish
a secretariat. Karachi was chosen as the capital of Pakistan.

2. The Massacre of Muslim Refugees in India


On the birth of Pakistan, Hindus and Sikhs became more furious. In a planned move, Muslims properties
were set on fire and they were compelled to leave India for Pakistan with nothing but their lives.

3. Canal Water Dispute


Most of the rivers flowing in Pakistan have their origin in India. In 1948, India stopped water supply to
Pakistani canals to damage the Pakistani agriculture.

4. Kashmir Dispute
At the time of partition 85% of the Kashmir’s total population was Muslim. The Hindu Dogra Rule, who
was secretly with the Government of India, declared Kashmir as a part of India. Pakistan has continuously

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insisted that Kashmir must get their right of self determination but due to non-cooperation of India,
Kashmir issue still remain unsolved.

5. Constitutional Problem
The constituent assembly failed to frame a constitution even in eight years. Lack of a permanent
constitution created chances of unscrupulous interference in democratic progress of Pakistan.

6. Economic Problems
When Pakistan came into existence, it mostly consisted of economically backward and underdeveloped
areas. The agricultural system was obsolete and outdated which added to the economic backwardness of
the areas forming part of Pakistan.

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Salient features of the Constitution of 1973 of Pakistan:

After taking control of the government in 1971. Z.A. Bhutto started work on a democratic constitution for
the country. And finally a new constitution was enforced in the country on 14th August 1973.

Salient features:

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

2. Islamic System
The inclusion of Islamic Provisions has given the 1973 Constitution an unprecedented Islamic character.

3. Federal System
The Constitution of 1973 has introduced a Federal system in the country.

4. Parliamentary form of Government


The 1973 Constitution proposes a Parliamentary form of Government in the country. Prime minister is the
head of the Parliamentary system.

5. Direct Method of Election


The Constitution of 1973 gives a direct method of election. The members of the National Assembly, the
Provincial Assemblies are directly elected by the people.

6. National Language
The 1973 Constitution has declared Urdu as the national language of Pakistan.

7. Independence of Judiciary
The Constitution of 1973 stresses upon the establishment of an independent judiciary.

8. Referendum
The Constitution of 1973 has authorized the President to hold Referendum on any national issue.

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Basic Principles of Pakistan Foreign Policy and Its relation with USA:

Introduction:

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No country today can think of a life independent of other nations. Every country has to develop relations
with other countries so as to meet its requirements in economical, industrial and technological fields. It is
thus necessary for every country to formulate a sound foreign policy. Pakistan is an important third world
country, in its developmental stage. It also has formulated her foreign policy keeping in mind its
geography, politics and economics.

Basic Principles of Pakistan's Foreign Policy are as below:

1. Protection of Freedom and Sovereignty: Pakistan came into being after great sacrifices of million of
Muslims. Like any other country, she also considers with deep regard the need for preservation of its
independence and does not allow any country to harm its freedom.

2. Cordial Relations with All Countries: Pakistan always tries to establish cordial and friendly relations
with all countries and in particular with Muslim countries. Although it has always moved its concern
against Israel, India and U.S.S.R capturing Palestine, Kashmir and Afghanistan respectively.

3. Non-Interference in Internal Affairs of Other Countries: Pakistan has sought to establish normal
and friendly relations with all countries especially in neighboring countries, based on universally
acknowledge the principle of national sovereignty and non-interference in the internal affairs of states.

4. Promotion of World Peace: Pakistan's policy is to promote peace among nations. It has no aggressive
designs against any country. Neither does it support any such action.

5. Implementation of U.N Charter: Pakistan's policy is to act upon United Nations (U.N) charter and to
support all moves by the UN to implement it. Pakistan has been the member of UN since the year of its
birth.

Pakistan's relations with USA:


The nature of Pakistan-US relations is not easy to analyse. It has passed through a number of different
stages. The era of Cold War between world two major power block USA and USSR was full of different
surprises for Pakistan. America found Pakistan an important ally because of her geographical location that
further helped the America increase its sphere of influence in Asia.

The Afghan War further strengthened the relationship between both countries. Though Afghan War was
in no way an American war, still America fought it with full might by providing support to Afghan
mujahideen army. At that point, Pakistan became the most important ally of America.

But History has proved that big powers don’t feel reluctant to use developing powers for their own
purposes. So USA-Pakistan relationship is no exception.

At the end of Afghan War, Pakistan was left at the mercy of God when America suddenly decided to stop
all help to Pakistan. Now it would not be wrong to say that Pakistan is moving away from America, and
has developed amicable relations with China and Russia. The priorities of Pakistan are changing because
of CPEC. Other than this, history has proved that America never felt reluctant with adopting any
measures in order to achieve its goals.

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Importance of geographical location of Pakistan:

Introduction:
Pakistan is a land of plains, mountain ranges, deserts and coastal belt. The country shares its Eastern
Border with India; Northern with china; Western include the boundaries of 'Durand Line' with
Afghanistan and 'Gold Smith Line' with Iran. The Arabian Sea has limited the South of the country. With
the total area of 9,96096 KM square, Pakistan emerges to be one of the most significant geographical
location of Asia.

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Importance of Geographical locations:
1. Pakistan's North Western Border can be used as an access to the Central Asian Republics rich in
natural resources. It's a narrow strip of Afghan Territory between Tajikistan and Pakistan which if used as
a transit route can benefit all the countries in trade.

2. Pakistan's South Western Border with Iran is of great significance in a trade with this oil-rich country.

3. Eastern Border of Pakistan with India has been quite less utilized than the potential it carries. This can
be a free trade route with India if the major conflicts between both the states are resolved.

4. Northern Border of Pakistan with China provides another important route for access of Chinese
products in Pakistan.

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Short Notes:

Objective Resolution 1949:

This resolution was passed by the First Constituent Assembly in March 1949 under the leadership of
Liaquat Ali Khan known as Objective Resolution 1949.

The salient features of the Objective Resolution are as follows:

1. Sovereignty Belongs to Allah:


The resolution clearly laid down that sovereignty over the entire universe belongs to Almighty Allah
alone and the authorities to be exercised by the people of Pakistan as a sacred trust.

2. Federal System:
Federal System of Government will be introduced in Pakistan.

3. Golden Principles of Islam:


Principles of democracy, equality, freedom and social justice as laid down by Islam shall be fully
observed.

4. Equal Rights to Citizens:


All citizens will enjoy their rights on the principle of equality.

5. Independence Judiciary:
Judiciary will be independent.

ISLAMIC PROVISIONS OF 1973 CONSTITUTION:

The following are some main Islamic provisions of 1973 constitution based on the principles of Holy
Quran and Sunnah.

1. Islamic Republic of Pakistan


Pakistan shall be known as “Islamic Republic of Pakistan”.

2. State Religion
Islam shall be the state religion of Pakistan.

3. Sovereignty Belongs to Allah

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Sovereignty over the entire Universe belongs to Almighty Allah and the authority bestowed by him on
men is a sacred trust which the people of Pakistan will exercise with the limits prescribed by Quran and
Sunnah.

4. Definition of a Muslim
The constitution also gives the definition of a Muslim. A person who believes in Tauheed or Oneness of
Allah, and in the prophet hood of Hazrat Mohammad (P.B.U.H) as the last prophet of Allah is described
as a Muslim.

5. A Muslim to be a President and Prime Minister


The constitution laid down that only Muslims shall be elected president and Prime Minister of Pakistan.
Non-Muslim could not hold these offices.

Pakistan Resolution 1940:


A resolution adopting the "Two Nation Theory" had already been passed by the provincial Muslim
League at Karachi in October 1938. The Two Nation theory stated that the Hindus and the Muslims were
two distinct nations.

It was finally at it’s annual meeting held at Lahore on March 23, 1940, that the Muslim League for the
first time categorically adopted the idea of partition of India as it’s final destination. The resolution that
came to be known as the Pakistan Resolution was moved by the Bengal’s Chief minister, A. K. Fazlul
Haq.

Jinnah’s address on this occasion gave clear expression to the basic concept underlying the resolution. He
said:

"Hindus and the Muslims belong to two different religions, philosophies, social customs and literature.
Their concepts on life and of life are different."

Congress reaction was hostile to the resolution. From then onwards, the Muslims of India, instead of
seeking alliance with the Hindu community, set on the way leading to the destination of complete
independence of the Muslims of India.

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