Constitutional & Political History of Pakistan (2nd Ed)

By
Hamid Khan
Chapter 01
The State of Undivided India
Earliest Muslims to travel to India →In Prophet (saw)’s time

Western Coasts of India →Certain state like Madras →Encouraged youth to convert and learn
navigation

Descendants of these converts and Arabs →Malabar Coast

Muslims Arrival in India in great numbers → 712 → Muhammad bin Qasim (MBQ)

What followed → Wave of Conquests until Delhi fell to Shahabuddin Muhammad Ghouri (SMG)
→ Delhi Sultanate: Turko-Afghan Muslim Dynasties

 Founded by Qutubuddin Aibak (QDA) → 1206

 Expanded over time over entire Subcontinent (Sub-C)
 Basically, five Afghan/Turkish Dynasties ruled Delhi till 1526
 Sultans → Ruled by Decrees (farmans)
 Sultan:
o Chief Executive
o Sole Legislator
o Chief Judge
 Hindus: Dhimmis
o Dhimmi: Persons who:
 Retain their religion
 Are Exempted from Military Service upon payment of Poll Tax
 During Judgements → Sultan preferred adherence to principles of Islamic Law
o But More or Less Sultan’s word was the Law
 Territory: Divided into Provinces (Suba) → Provincial Governors (Subedars)
The Mughals: Founders of Modern Administration
Babur → Founder → ME → 1st Mughal to rule India → Came from Turkistan → Defeated Lodhis
Reign of First Six Mughal Emperors – Babur, Humayun, Akbar, Jahangir, Shahjahan, Aurangzeb –
(1526-1707) → Known for Glory & Power of ME → Laid foundation of modern administration of
India → Introduced a system of agricultural revenue administration
Akbar (1556-1605) → Subdued entire Sub-C except extreme South → Ruled over Afg. as well →
Tried to unite Ms and Hs by adopting a policy of appeasement towards Hs → Prohibited the levy of
taxes on them & collection of Jizya (differential tax or protection tax claimed from non-Ms → Cow
Slaughter was made illegal → Founded new religion (Din-e-Illahi)
Transacting the affairs of State: Emps. apptd. Heads of various depts. → Khan-e-Saman (Imperial
Household) → Diwan (Imperial Exchequer) → Mir Bakhshi (Military Pay Dept) → Chief Qazi (the
Judiciary) → Sadrus Sadur (Religious Endowment & Charities) → Mohtasib (Censored Public
Morals)
Qazi Courts → 12 Provinces later 15 during reign of Aurangzeb → Persio-Arabic rules of governance
mixed with elements & institutions of Hindu Empires of Yore
Aurangzeb (1658-1707) → Last of the great Mughals → Tried to rule strictly in accordance with the
tenets of Islam → Re-introduced Jizya but it was made clear that the obj was to allow non-Ms to buy
exemption from mil service → One of the achievements: Detailed compilation of Muslim Laws
known as Fatwa-e- Alamgiri
After death of Aurangzeb → ME fell into decay → Survived until 1857 but ineffective
1739 → Delhi: Sacked by Nadir Shah (invader from Persia)
Marathas became a power → Crushed by Ahmad Shah Abdali → 1761 → 3 rd battle of Panipat
British, French Portuguese, Dutch → Fought for dom. of Sub-C → British prevailed
In weakened ME → Successor States in Bengal, Oudh, Rohilkand, Hyderabad, Mysore → M Rulers
→ Punjab → Dom by Sikhs
British East India Company → Dealt with them one by one → However Rulers of Mysore: Hyder Ali
& Tipu Sultan put up a stiff resistance → Kept British at bay → By mid-19 th century BEIC dom.
Indian Sub-C → 1857: Last attempt at throwing off British yoke failed when Company’s forces
fought back and suppressed the mutiny of Indian Soldiers AKA War of Independence
Last of Mughal Emps. → Bahadur Shah Zafar → Formally Deposed
Simultaneously → BIEC’s rule came to an end → India became a colony of the British Crown
No written constitution from 1206 to 1857 → Monarchy like govts → Eldest son: expected successor
to Sultan/Emperor → No fixed rule regarding succession → Usually a fratricidal war decided who got
to be Emperor
Day-to-day Adm. Carried out through Governors/Qazis. → Judgments given at diff levels by Head of
family, village, caste, court, governor of province, minister, king → Brief Litigation, Swift Execution
British Expansionism in India: