Chapter 4 initially besides military assets and office record
etc was due to be shifted from India to Pakistan. HISTORY OF PAKISTAN But Pakistan was deprived of her full assets due In the history of Asia, the establishment of to the negative attitude of Indian Government. Pakistan on 14" August 1947, remind such Because of these things, the Government of that struggle which aimed not only to get rid of the time was perplexed. long British slavery but the establishment of a An important issue for the new state was that of new Islamic country in Indo-Pak; Sub-Continent. 1st April 1948, when Indian Government closed In the history of world, the establishment of the head works of Pakistan canals without any Pakistan on 14 August 1947 is considered to be prior information which destroyed crops in the important event due to the following three Punjab. Supply of water was restored after causes. interim agreement but Pakistan approached the United Nations for the permanent solution and at 1. Establishment of Pakistan by last with the help of World Bank, the Indus Basin constitutional and political efforts. treaty was brought between the two countries in 2. Liberation from British slavery. 1960. As per agreement the eastern rivers i.e 3. Establishment of a new state with the Sutlaj, Bias and Ravi came into the share of India name of Pakistan in the British India. while three western rivers i.e Chenab, Jehlum and Indus were given to Pakistan. The canal water dispute was solved enough with this Initial Problems: agreement. The history of this new born country should be After the establishment of Pakistan, the most scrutinized, keeping in view the above important issue was constitution making for the mentioned three causes. Pakistan faced different new country because constitution is the sum of Administrative, political, economic and social those laws, rules and regulations through which problems from the very first day. The problems administration of the state and business of the were long listed but this new established country Government is running and rights and duties of faced hardships in the achievement of her aims the citizens are determined) In absence of the due to the following important issues. constitution, system of the state cannot run for much time. Therefore, after the establishment of Pakistan the British Government of India Act 1. State and the Administrative 1935 and Act of 1947 with certain amendments Problems. was adopted in the country as an interim Hindu Muslim riots were started in the different constitution and making of new constitution was parts of India with the establishment of Pakistan entrusted to the constituent assembly. First due to which people from all walks of life faced session of the constituent assembly of Pakistan confusion As a result of these disorders, great was held in Karachi on 11° August 1947, under number of Muslims migrated from Indian the President ship of Jugindher Nath Mandal territories to Pakistan, whereas lakhs of Hindus This constituent assembly consisted of the and Sikhs migrated to India. Such a huge shifting members elected in 1946 election. This assembly of population created many problems for elected Quaid e Azam as its president Pakistani Government. Because most of the unanimously. According to the independence act clerks, officers, doctors, teachers and experts of 1947, the constituent assembly had two other departments were migrated to India. The responsibilities. country faced deficiency of technical people in different walks of life and this was not an easy 1. Setting up a constitution for the job for Government to overcome the deficiency. country. Karachi was designated as the capital of 2. Legislation as a federal legislature. Pakistan. Due to non availability of Government Quaid e Azam gave an outline for constitution buildings, offices of the federal Government were making in his speech on 11 August 1947. He in set up in military barracks. Necessary equipment his address told to avoid the curse of influence. and office record was not available for running nepotism, corruption, Idlerity, hoarding and these offices. profiteering and strongly opposed, racial, lingual, According to the division of assets by British regional, religious hatred and prejudice. He told Government between Pakistan and India, Rs.75 that all the citizens will have the equal political crore came as the share of Pakistan. But rights but unluckily Quaid e Azam died before unluckily only Rs.20 Crore were paid to Pakistan 2 making constitution for the country and the given to Pakistan in partition were backward in constitution making process became slow. agriculture except some districts. 2. Refugees Problem There was lack of Industries in these areas. Political crises and arrival of the refugees further The second great problem to the new disturbed the situation. But Government with Government and people of Pakistan was the great responsibility controlled the critical rehabilitation of the refugees. According to an economic conditions and gave the country estimate of the Government of Pakistan 6.5 stability. million refugees migrated to Pakistan as a result of exchange of population out of which 5.2 million came from eastern Punjab and her states, ROLE OF QUAID-E-AZAM AND LIAQAT ALI likewise 0.36 million came from Delhi and the KHAN IN THE STABILITY OF THE remaining from Northern India and other parts. COUNTRY About 0.5 million Muslims were either assassinated on the way or kidnapped. While on The first Governor General of Pakistan Quaid e other side 5.5 million Sikhs and Hindus migrated Azam and Prime Minister Liaqat Ali Khan not from Pakistan. only made constitutional efforts in the freedom movement and for the establishment of Pakistan 268,000 Non-Muslims migrated from K.P to but also made the country stable by working India which 20,000 refugees migrated from India hard day and night. But serving the country for rehabilitated in K.P. Therefore, the population of one year and 25 days the Father of the Nation, Pakistan increased by 1,000,000 persons with the Quaid e Azam Muhammad Ali Jinnah, died on arrival of refugees. The permanent rehabilitation 11 September 1948. During the little period of of refugees was not an easy job for Pakistan. one year Quaid e Azam joint with Liaqat Ali Provision of food, residence, medical aid and job Khan taken such steps, through which many etc. all were necessary to these people problems of the Government of Pakistan were The Government in spite of her limited overcome. resources, housed the refugees in temporary Some guiding principles highlighted by Quaid e camps and arrangements were made to the best Azam are the following;- for their boarding and lodging. Apart from these problems some social problems were also 1. For the rehabilitation of refugees he not created with the arrival of refugees. only persuaded the people to be patient but also took practical steps for their 3. Geographic and Defense Problems settlement. Geographically, Pakistan has great importance 2. Keeping in view the problem of the safety because it is located In such part of the world of the country more important, great part where it is connected with China and India on of the Budget was specified for the one side and on the other side with Afghanistan defense of the country. He tried to solve and Iran. In addition Pakistan is located on the the disputes with India and Afghanistan Junction of central Asia and south Asia thus its peacefully, importance increases further 3. Quaid e Azam in his address on 15" June 1948 advised the people to avoid the Pakistan was worried for the defense of her provincial and racial prejudice. He boundaries from the very first day. Because there instructed the civil servants to perform was not only the distance of 1600 km between duties as servant of the people, adopt east and west Pakistan but there was India such attitude that the people may feel that between the two parts. Pakistan was not in good you are not the rulers but servant of the relations with India due to different causes. nation. Besides, Pakistan was not strong economically 4. To make strong the status of Pakistan, and militarily. Modern weapons airplanes and Quaid-e-Azam together with Liaqat Ali marine planes and other war equipment with Khan determined some guiding principles Pakistan were equal to none and the new which aimed the establishment of a Government was in constant struggle to society based on equality and social strengthen the country defense as possible. justice. 4. Economic Problems 5. Quaid-e-Azam played a vital role in inclination of young generation towards The new Government of Pakistan had to provide education. He tried to give feelings to the the economic stability to the people along with youth that the young generation is the the completion of a political sketch. The areas future of a nation. Fate of nations are 3 decided due to them. He insisted upon 1. Geographical location may not be the young people to give attention only ignored. and only to education and to avoid the 2. Decision of accession should be agitation politics and work for the according to the will of the people. prosperity and existence of the country. Looking towards British India, the waves of As mentioned earlier that Pakistan came into Independence came over in Kashmir also and a existence on the world Map on 14" August 1947. series of meetings and processions were started Quaid-e-Azam and Liaqat Ali Khan made against Maharaja. At that time people of Kashmir Pakistan member of the United Nations for her had been divided into two political parties one all introduction and identity and within a few Jammu and Kashmir Muslim Conference under months, bilateral relations were established with the leadership of Sardar Ibrahim and Chaudri many countries. The Important point regarding Ghulam Abbas and the other, all Jammu and foreign policy of the new country was that there Kashmir National Conference under the will be friendly relations on equality basis with leadership of Sheikh Abdullah were struggling the countries In general and with neighbors and politically. Muslim countries in special. Maharaja Hari Singh signed a Standstill Agreement with Pakistan but India refused such an agreement and freedom movement was ACCESSION OF THE STATES started in Kashmir which Maharaja failed to (Before partition there were about 560 princely crush and sought the aid from India. The British states in British India but according to the June Governor General of India Lord Mount Batten on 1947 plan besides other things, these states were the request of Maharaja sent Army to Srinagar given an option to live independent or to accede but this was also cleared that the future of the with either one of the two states, Pakistan or state will be decided by the people of the state. India) Under this principle Bahawalpur, Makran, On 22 October 1947, people from tribal areas Qallat, and States of K.P Province acceded to adjacent to frontier province reached Kashmir to Pakistan. In addition, the states of Junagarh and help the Kashmiris On First November Quaid-e- Manawader decided accession to Pakistan. But Azam held talks with Mount Baton but failed In Indian Government in November, 1948 entered the meantime the Indian Government took her forces in these states and took it over by military possession in the State, in order to force. The ruler was compelled to take refuge in maintain the possession; the Indian Government Karachi. The Indian Government gave reason for herself brought the issue to Security Council The that the people of these states wanted to join Security Council passed two resolutions on 12" India. August 1948 and on 5 January 1949, which were accepted by both Pakistan and Indian Hyderabad was a prosperous and densely Governments Following are the main points of populated state of India. Its population was those resolutions consisted of Hindu majority but its ruler, who held the title of Nizam, was a Muslim. The Nizam a. War may be stopped was inclined to make Hyderabad an independent immediately and a cease fire state. He requested the Viceroy to give the state line may be drawn between the status of a Dominion (an independent state, held Kashmir and Azad and the British Crown to appoint her Governor Kashmir under the supervision General) but he did not agree. India blockaded of a United Nations the State, entered the troops in Hyderabad and Commission. State was annexed in India by force, b. Both the Governments may withdraw their troops from In addition, the important state was that of Kashmir. Jammu and Kashmir, her population was 4.00 c. A referendum may be managed million according to the Census of 1941 and her under the supervision of the 1000 km long boarder is connected with United Nations Pakistan. Besides, all the rivers of Kashmir flow down in Pakistan and many of the routes of the According to the United Nations Resolutions, the state are connected with Pakistan. Though under fire was ceased but the issue of Kashmir the Indian partition plan of 3rd June 1947, these remained not only a tension between Pakistan states were given the option that they can and India but also the cause of several wars. accede to India or Pakistan or can live There had been several wars between the two independent also. But along with these options countries. It is necessary to solve the problem of they will be abide by two things. Kashmir through Dialogue keeping in view the 4 wishes of Kashimri people for the peace and 2. Power of the state shall be exercised prosperity in the region. through the elected representatives of the people 3. Islamic Principles of democracy, freedom, ACCESSION OF TRIBAL AREAS tolerance and social justice will be observed. After the 3 June, plan the tribal areas of K.P 4. The Muslims of Pakistan will be enabled Province declared accession with Pakistan in to order their lives according to the their traditional Jirgas, Quaid-e-Azam teaching of Islam. Muhammad Ali Jinnah on the first opportunity, 5. Minorities will be given due freedom to visited different areas of Pakistan to create lead their lives according to their religion patriotism among the people and can acquire and culture. their services for the new Government. In this 6. All fundamental human rights will be connection he came to Peshawar also. In guaranteed Independence of judiciary Peshawar during his address to tribal Jirga, he shall be fully secured. ordered the withdrawal of forces from tribal 7. Federal system of Government shall be areas, to maintain solidarity with Pakistan among established in the country in which the tribal people and state of confidence on each provinces shall be give autonomy with other, Quaid-e Azam ordered to with draw forces such limitations as may be prescribed. especially from North and South Waziristan. Due to the steps taken by Quaid-e-Azam, the tribal people felt pleasure for the first time and they IMPORTANCE OF OBJECTIVE also felt that after the departure of British there is RESOLUTION clear difference between the policies and thinking of the Government of Pakistan and that After the creation of Pakistan the approval of the Government gave them hands of love and objective resolution has the status of a significant brotherhood to make them her own. In addition, step in the history of the country. Its importance Quaid-e-Azam formed the Ministry of State and is due to the fact that it remains the basis of all Frontier Regions to give attention to the welfare the successive constitutions framed later on The of the people objective resolution remained a part of all the constitutions as a preamble. This was made the basic part of Pakistan constitution of 1973 by OBJECTIVE RESOLUTION (1949) amendment in 1985
This resolution was passed by then Prime
Minister Liaqat Ali Khan from the constituent Constitutional Development assembly on 12 March 1949. Objectives resolution has got a fundamental status in the After the approval of objective resolution the Constitution making history of Pakistan. Islam next process was to make a constitution on the has been declared as the ideological base for the basis of these objectives. In order to accelerate Constitution of Pakistan. Because of the facts the process of constitution making, different that when the Muslims of sub-continent were committees were formed. One of the committees struggling for the freedom, they had demanded was named as Basic principles committee. This such a state where they could lead their lives committee submitted recommendations one according to the golden principles of Islam. after another but were rejected. Where they could safeguard their cultural Later on Governor General Ghulam Muhammad heritage accurately. Therefore, after the creation appointed Muhammad Ali Bogra, as new Prime of Pakistan, it was desirable that we should Minister in place of Khawaja Nazimuddin. The declare Islam as the basis of our state policies. new Prime Minister gave a new (Muhammad All Main Points of Objective Resolution Bogra formula, which is called a Muhammad Ali Bogra formula. This was acceptable to both east 1. Objective resolution states that and west Pakistan. But Governor General sovereignty all over the universe belongs Ghulam Muhammad dissolved the assembly to to Almighty Allah. The powers which prolong his powers. Almighty Allah has bestowed on the people of Pakistan are being exercised In June 1955 the second constituent assembly within the limits prescribed by them is a came into being. The decision made by this sacred trust. assembly was the formation of one unit. The four provinces of western part were amalgamated into one province called the West Pakistan 5 Accordingly the Eastern Bengal was named East 3. It was mentioned in constitution that no Pakistan. laws shall be enacted against the Quran and Sunnah and all existing laws shall be brought in conformity with Quran and CONSTITUTION OF 1956 Sunnah 4. According to the constitution, the evils of The constituent assembly accelerated the Riba, adultery, gambling and drink must process of constitution making under the be eradicated. guidance of new Prime Minister Chaudhri 5. Proper arrangement for Zakat and Auqaf Muhammad Ali At last the first constitution of were promised in the constitution. the country was enforced on 23 March 1956. 6. Pakistan shall be a welfare state where government will provide better working condition for labours, free medical and SALIENT FEATURES OF THE education and provision of bread, cloth CONSTITUTION OF 1956 and shelter. Following are the important points of the 7. It was mentioned in the constitution to constitution of 1956. establish friendly relation with Muslim countries. 1. Constitution conferred equal basic rights 8. It was promised in the constitution to to all citizens. These rights include right protect the rights of minorities and grant to safety of life and property, freedom of the religious freedom. expression, freedom of gathering and right to serve. 2. All the adult citizens were given the right Iskandar Mirza who dethroned Guhlam to vote. Muhammad and a Governor General on 16 3. In the constitution there was a provision October 1955, was actually representing two of establishment of National Economic strong institutions of Pakistan i.e. army and council and National Commission. bureaucracy With the enforcement of new Federal and Provincial Governments constitution he became president but he were given representation in these two removed four Prime Ministers one by one in two institutions. years. With the removal of 4th Prime Minister 4. The constitution established a federal Feroz Khan Noon, Iskander Mirza imposed system of Government. Separate list of martial law in the country and constitution of powers for centre and Provinces was 1956 was abrogated. given. In addition such a list was given on which both centre and provinces could make legislation. GENERAL AYUB KHAN AND MARTIAL 5. It was decided in the constitution to adopt LAW OF 1958 parliamentary system but such powers were given to the president which The first President of Pakistan Iskander Mirza negated the principles of the supremacy only for his personal interest abrogated the of the parliament President had power to constitution of 1956. He promulgated martial law dissolve the assembly in the country on 7 October 1958 and the army 6. For amendment in the constitution two Chief General Ayub Khan was appointed as chief third (2/3) majority in the National martial law administrator. But only 20 days later Assembly was mentioned necessary. General Ayub Khan forced Iskander Mirza to resign the office of President and was exiled. He himself assumed the power and political system Islamic Provisions of 1956 Constitution was abolished on 27th October 1958, accordingly 1. The preamble of the constitution declare that sovereignty over the entire universe belongs to Almightily Allah and the Causes of Promulgation of Martial Law in authority to be exercised by the people of Pakistan: Pakistan within the limits prescribed by Him is a sacred trust. Martial law was promulgated in Pakistan on 7th 2. The name of the country will be "Islamic October 1958 due to the following causes Republic of Pakistan" according to the 1. Worst Economic condition of the constitution, the head of the state will country necessarily be a Muslim. 6 Political stability is necessary for economic The effect of political and economic stability of the county which was becoming bad mismanagement in the country was creating in the country day by day. 'Pakistan is an sharply the feelings of strangeness. Provincial agricultural country' was the high claim of prejudice was enhancing. Distance between the Government but even food items were also both parts of the country further spread over. imported which on the one side was very costly Therefore, the people wished for a solid change and on the other side there were draw backs in which may cause for the democracy, equality, the process of distribution and worries were economic and social happiness of the people. found in the people due to this. Besides 5. Miscellaneous Problems smuggling, black marketing and hoarding were also at the peak. Smuggling in the country had Along with the weaknesses in political adopted the shape of a business while smugglers institutions in the country, the sense of were supported by effective? people. Karachi responsibility was missing in the politician's role was the then capital of Pakistan where every and bureaucracy. They preferred their own kind of corruption was at the peak. interests on the national and public interests. Besides, the role of the important pillar of the 2. Political Disorder Government ice. Judiciary was also not Right from the time when Pakistan came into commendable. In addition the, pending problems being, people together with political leaders of the country for example, the rehabilitation of made efforts to move the 'country towards refugees, canal water dispute and the Kashmir development but up to 1957 political conditions issue remained unsolved and no one tried for of the country had been. much deteriorated and their solution. In these circumstances, Iskander the position of political differences was that Mirza abolished the constitution and different ministries of the Government were not promulgated martial law in the country which functioning satisfactorily. Prime Ministers in the badly shocked the democratic process. country were changing every day and the rulers were postponing election in the country for their own interest. Muslim league, the founding party Reforms of the Ayub Khan Regime of Pakistan' faced defeat in the election of 1954 Ayub Khan while taken over the charge of in East Pakistan. Instead of people, the Pakistan Government announced reforms for the Republican Party formed with the blessing of development and prosperity of the country. Main Iskander Mirza was active in struggle for power. reforms were the following. There was nominal parliamentary system in the country but the prime minister had no status. 1. Agricultural Reforms. Politicians were exploiting the poor people by 2. Economic Reforms. verbal claims of Islam and democracy. This state of affairs was creating the condition of tension in both parts east and west Pakistan. And at last the 1. Agricultural Reforms result of such political mismanagement came in Since Pakistan is basically an agricultural the shape of martial law. country. Therefore, the new Government formed 3. Worst Trade Conditions a commission on 31" October 1958 which gave a report to the Government on the solution of Like political and economic conditions, trade agricultural problems and its improvement in condition was also hopeless enough. Profiteering January 1959. The Government acted upon at and adulteration in food stuff had been common. once and the following reforms were imposed. Demand for our goods and raw materials in the world market was near to finish and the ruling 1. Government finished all the feuds. class did not take any steps for its improvement. 2. Limit of possession for any person Pakistani currency was devalued and for the was determined as 500 acres canal completion of all developmental projects, irrigated and 1000 acres raw Pakistan remained dependent on western irrigated land. In addition, the countries. In addition industrial development farmer can keep with him 150 was in a very slow motion. Strikes, lockouts and acres for gardens. industrial conflicts were the daily routine 3. Rights of the peasants were safe matters. As a result the people become guarded. Forced labour from the distrustful from the rulers. tillers was strongly prohibited. 4. The area of land with the farmer 4. Social Defects beyond limit was taken into custody by the Government and 7 they were given in return the General Muhammad Ayub Khan thought that government Bonds. parliamentary system of democracy remained 5. In land consolidation, the unsuccessful to solve the problems of the people revolutionary steps were also of Pakistan. In his opinion, parliamentary system taken. Small pieces of land were of democracy was not suitable for the countries consolidated and made able for like Pakistan because on one side there was lack the modern cultivation. of political awareness and on the other side there was poverty, ignorance and illiteracy Though there were some defects in the land reforms of Government but for the time Ayub Khan enforced the Basic Democracies b e i n g th e a g ri c u lt u ral ref o rm s b rou g h t System in October, 1959 to introduce a new improvement in the economy. The peasants and Political System in the Country. This was such a the poor class rights were admitted. Farmers and system of Local Government which started from peasants were given tube wells and tractors on downward and went upward. It had four stages easy loans. These steps were named by the Ayub i.e. Union Council, Thana/Tehsil Council, Khan governme nt as Green Revolut ion . District Council, Divisional and provincial Council. 2. The Economic Reforms The Main Aims of this System were the Ayub Khan took such initiatives for the economic following:- development in Pakistan. In some circles, the decade of 1960 was called the decade of 1. To provide opportunities for development. For the setup of new industries, development at local or basic level. the Government adopted a comprehensive plan. 2. To provide training to the public Not only the dead industries were redeveloped, representatives by the Bureaucracy. but new industries were installed also. During 3. To make agree all Public this period the economic development can be representatives and relevant offices to estimated from the second five year work together. developmental plan. As a result of reforms of Ayub Khan the development in the country is as. According to this system, on the lower level, in 1. National income increased by 30 urban or rural areas where population consists of percent. 1000-people, they can elect their representatives 2. Exports increased by 7 percent of a Union Council. Union Council was struggling annually. for the development of area, development of 3. Industrial sector progressed by Agriculture and rule of law. Union Council used more than 40 percent. to receive local tax on certain goods. The 4. In agriculture sector development activities and procedure of election was was more than 15 percent. During criticized due to the reason that all the works of that period the indigenous Union Council were controlled by the Deputy industries were insisted to use Commissioner and all the representatives of the more local raw materials, so that Union Council were indebted to those decisions. for an exchange could be saved. Benefit of this system was that, the public representatives were aware of their problems at the local level and opportunities were available Pakistan Industrial Development for the solution of problems. The interesting Corporation thing was that the Basic Democracies members, Pakistan industrial development corporation who were 80000 in number later on increased to (P.I.D.C) was established in 1949. In order to 120000, were not only used at the basic level but make it more dynamic two parts were made of it in 1960, the Union Council representatives so that new conditions improve more. During elected Ayub Khan as a President of Pakistan. that time work was started on big dams for And later on, under the constitution of 1962, all example, Mangla dam and Turbela Dam etc. the B.D. Members adopted the status of an Government took many initiatives to develop the Electoral College and thus the BD Members used cottage industries so that, in addition to the to elect President and members of National and urban areas the rural areas may not left behind in Provincial Assemblies. This election procedure development race. was greatly criticized because the members of National and Provincial Assemblies elected in System of Basic Democracies this manner could not be called the actual public (Political Reforms) representatives as it was easy to put official 8 pressure on 80000-members, Government used therefore, he framed another constitutional the BD-members for the personal aims without committee. The framed constitution of that any doubt. As a result, the BD-Scheme could not committee was imposed by Ayub Khan through become a democratic system. Instead of political an ordinance on 1 March, 1962. In this way training of people at the lower level and social second constitution was enforced in the country reform, this system became a cause of further after the interim period of three years and nine tension. Educated and intellectuals considered m o n t h . this system as a source of keeping in power the LIENT FEATURES OF COSTITUTION OF 1962 ruling party i.e. Convention Muslim League or (Constitutional Reforms) Ayub Khan. Therefore, the people disliked this system and hence with the decline of Ayub Khan, this system was abolished. Following are the salient features of 1962 Constitution. MUSLIM FAMILY LAW ORDINANCE 1. The original constitution did not contain a (SOCIAL REFORMS) list of fundamental rights but later on a list of fundamental rights was included in the One of the important initiatives and reforms constitution. during the Ayub Khan’s regime was the Muslim 2. Presidential system was introduced in the Family Law Ordinance. It was enforced in the country under the constitution. shape of an ordinance in 1961. Its main points 3. Election to the office of the President will are the following:- be for five years term. 1. Entry of Marriage was made compulsory in 4. The constitution declared the country one Union Council. federation consisted of the two Provinces 2. Willingness of the first wife was necessary for i.e. East and West Pakistan. second marriage for any male. 5. Both Urdu and Bengali were declared the 3. Traditional method of divorce of three times National languages of Pakistan, while together was abandoned in the law for English was given the status of official divorce and it was given a legal shape. language. 4. Arbitration Councils were established at the 6. Independence and autonomy of judiciary Union Council level with the following was guaranteed. A uni-cameral legislature functions:- was provided i.e. National Assembly of A. To make patch-up between wife and Pakistan. Total members of Assembly husband in case of divorce. were 156, equally distributed among East B. Man may be given permission of and West Pakistan. Out of these 6 seats second marriage when consent of first were specified for females. wife is taken and he can support her. 7. Election to the office of the President as C. To determine the responsibility of well as Members of National and supporting the wife and children. Provincial Assemblies will be made by D. Females were provided more legal Electoral College of B.D. Members. safety with this ordinance. E. Imam and Khateeb were appointed as Registrar for entry of marriage in the Islamic Provision of 1962 Constitution Union Council.. Where this ordinance was welcomed, some 1. The head of state, president, must be people criticized italso Muslim. 2. It was mentioned in the constitution to enable the Muslim of Pakistan, CONSTITUTION OF 1962 individually and collectively to accord President Ay ub Khan formed a their lives according to the teachings of Constitutional Commission which was headed by Quran Majeed and Sunnah. Justice Shahab-ud-Din. This Commission kept in 3. It was mentioned in the constitution that mind past and present of the country and no law may be legislated against Quran submitted different constitutional and Sunnah and all existing laws shall be recommendations to the Government in 1961. brought in conformity with Quran and B u t i n t e re s t i n g i s th a t m aj o r i t y o f th e Sunnah. recommendations of this commission were not 4. It was mentioned in the constitution to acceptable to president Ayub Khan himself, make proper arrangement for the 9 compulsory education of Quran and in Kashmir and simultaneously started shelling Sunnah. from Artillery on the border of Pakistan and 5. Pakistan shall be a welfare state where Kashmir near Gujrat. In response, Pakistani proper steps must be initiated to provide forces crossed the cease fire line near Jammu better working condition to labours, free and started activities. To decrease this pressure, medical facilities and education facilities India attacked the Pakistani borders in the area and ensure of bread, cloth and shelter. of Sialkot, Qasoor and Lahore at night on 6 6. According to the constitution the evils of September, 1965. President Ayub Khan on 6 Riba, adultery, gambling and drink must September 1965 while addressing the nation be eradicated. properly announced the war with India, Pak- 7. It was promised in the constitution to India war spread over the different areas of West make proper arrangement for Zakat, Pakistan i.e. Sindh, Punjab and Kashmir. In this Auqaf and Mosque. war of 17-days Army, Air and Naval forces of both the countries took part. For the cease fire, According to the constitution the friendly where former Soviet Union offered “arbitration relation shall be established with Muslim states. to both the countries, the United Nations played her role. At last, a proper cease fire was made on 23 September, 1965. On the arbitration’ of ELECTION OF 1965 ‘Soviet Union, an accord was signed between the With the imposition of constitution of 1962, then prime Minister of India Lal Bahadur different political parties of Pakistan started their Shahstri and President of Pakistan Ayub Khan, at activities. Old leaders of the Muslim League Tashkent (a city of Uzbekistan). Tashkent called the party convention. One of the Conference continued from 4th January to 10th important leader was Chaudhri Khaleeq-uz- January 1966. Tashkent accord consisted of s Zaman. Convention elected Ayub Khan as points. In those points besides other things, president of Muslim League but this decision was stress was given to solve the Mutual disputes not acceptable to all members of the Muslim between both the countries through dialogue. League. In reaction Mian Mumtaz Daultana called meeting of Party Council in Dhaka and thus Muslims League divided into two parts. One MOVEMENT FOR DEMOCRACY AND was called Convention Muslim League and the DECLINE OF AYUB KHAN other was Council Muslim League. In The Pak-India war of 1965 weakened the presidential election Ayub Khan had competition country economically on one hand and on the with Miss Fatima Jinnah the sister of Qauid-e- other hand this sense was developed in the East Azam. All the opposition parties were supporting Pakistan that during the war, no satisfactory Fatima Jinnah. Besides, Council Muslim League, arrangements were made by the central Jummat-e-Islami, Awami League, National government for the defense of East Pakistan. Awami Party etc were included in these parties. Therefore, they started political movement for In this election governors of East and West provincial autonomy under the leadership of Pakistan openly used BD-members, the Sheikh Mujeeb-ur-Rehman. In West Pakistan, Government Machinery in favour of Ayub Khan Zulfiqar Ali Bhutto formed his own political party and against Fatima Jinnah. Due to all these with the name of Pakistan People’s Party in illegal and immoral trickery, Fatima Jinnah 1967, which launched a movement and gained defeated the election against Ayub Khan and popularity against Ayub Khan. Meanwhile, the Ayub Khan was declared successful. Effects of student’s agitation spread in both the parts of these elections on the future of Pakistan were country. In addition n peasants, labourers, not framed well. lawyers and government servants joined movement for democracy against the government. Ayub Khan also convened Round PAK-INDIA WAR, 1965 Table Conference for dialogue with political The year of 1965 in the history of Pakistan has parties but this try was unsuccessful and at last fame for struggle of democratic powers and Pak- Ayub Khan had to leave the office. He entrusted India War. This year in April in the area of Run- authority to the Army Chief General Agha Katch, there was a great border war between the Muhammad Yahya Khan on 25th March, 1969. forces of Pakistan and “ India. Pak; Army got vacated all those areas from Indian Army occupied by them. Indian Government blamed ERA OF GENERAL YAHYA KHAN(1969- that Pakistani raiders are busy in Secret activities 1971) 10 General Yahya Khan ruled the country from 25 Tribal Areas had 7 general seats and 1 specified March, 1969, to 20 December, 1971. Martial law seats. Government not only held talks with political The procedure of election was also mentioned in parties but also abolished the one unit and the LFO that what type of people can take part in reinstated the old provinces. For the first time election. Further that new elected assembly will Balochistan, was given the status of a Province have to make constitution for the country within 120 days from the first session. In case of failure, the assembly will be dismissed automatically. And method of adult franchise was introduced in The policy of state for new constitution was also the country. In order to remove worries, found in given in the LFO which was impossible to ignore. the people, Yahya Khan also made industrial and President was also empowered to reject the educational reforms. Inspite of all these things, constitution in violation of the determined he was facing a constitutional crisis. The principles of the LFO, otherwise, the assembly constitution of 1962 was made by Ayub Khan but will be dismissed automatically. President had that had been annulled by the Government of the authority to return constitution to assembly Yahya Khan, under compulsion gave a formula for review. These presidential decisions could called the Legal Frame Work Order on 29th not be challenged in courts. March 1970. This constitutional draft was prepared by a committee. After hard work which was constituted for this purpose. GENERAL ELECTION OF 1970 Elections of 1970 are one of the memorable الدلو works of the General Yahya Khan. General elections were held in December 1970, Polling for the National Assembly was held on 7 Important points of the Legal frame work order December and for Provincial Assembly on 17 were:- December. For the first time 63 small and major parties in the country took part in elections on 1. Islamic ideology will be safeguarded in the basis of adult franchise. Among the major the future constitution. parties were Pakistan People's Party, Awami 2. The Islamic Republic of Pakistan will be League, Muslim League. National Party, Jumat- federal Government which will consist of e-Islami and Jamiat-e-Ulama Islam. They gave all parts of the country. program and manifesto before the people, but as 3. In the constitution safety will be given to per result of election, in East Pakistan Awami fundamental rights, adult franchise and league won 167 seats out of 169 seats and in freedom of judiciary. West Pakistan People's Party won 87 seats out of 4. In the constitution maximum provincial 138. Pakistan People's Party failed to take any autonomy will be given, however the seat in East Pakistan and Awami League did not centre will be strong. take any seat in West Pakistan. In West Pakistan, 5. It was decided that equal opportunities Pakistan People's Party got success in Punjab will be provided to all citizens of the and Sindh, while in K.P and Balochistan, National country for taking part in national life. In a Awami Party and Jamiat-e-Ulama Islam were short period through legislation, succeeded. economic inequalities will be finished from all parts of Pakistan. Instead of transferring the power to the wining parties the military Government started evasion. According to L.F.O, There will be 313 seats of This not only brought mistrust but also created a the National Assembly. Out of which 13 seats state of tension among both major parties of the will be specified for females. In addition, female country. In East Pakistan, strong protest was can take part in election on general seats too. started against the attitude of government. Division of Seats in National assembly was:- The people of East Pakistan fully demanded that East Pakistan had 162 general seats and 7 keeping in view the democratic norms, powers specified seats. may be transferred to the party having majority. Punjab had 82 general seats and 3 specified Military rulers got benefit of the mutual seats. confrontation of the politicians and gave length to their rules. They not only deployed Army to Sindh had 27 general seats and 1 specified seat. crush the movement of Civil Disobedience in Khyber Pakhtunkhwa (NWFP) had 18 general East Pakistan for the sake of the defense of the seats and 1 specified seats. 11 country but also arrested Sheikh Mujib-ur- especially the ratio of poverty in East Pakistan Rehman, the president of Awami League. was very higher due to different causes. Bengalis were of the opinion that their economic Taking advantage of this political and backwardness will be finished with the constitutional crisis, India Interfered militarily establishment of Pakistan but their dreams through different means in East Pakistan. The remained incomplete. Besides, there was conditions in East Pakistan became worst. As a displeasure due to the undemocratic attitude of result, India by force separated East Pakistan, the politicians of West Pakistan. At last the six power in West Pakistan was entrusted to Zulfiqar point formula of Sheikh Mujib-ur-Rehman Ali Bhutto. became very popular among the people. Mujib- ur-Rehman told the people of East Pakistan that without provincial autonomy, the progress of CAUSES OF THE FALL OF EAST PAKISTAN East Pakistan is impossible. At last after the Separation of East Pakistan was not only a great election of 1970, when Yanya Khan did not tragedy for Pakistan, but was a moment of transfer the power to Mujib-ur-Rehman, he sorrow for the Muslims all over the world. This substituted the demand of provincial autonomy tragic incident took place on 16 December 1971, for freedom. when East Pakistan became Bangladesh. 5. MILITARY ACTION Following were the causes of this tragedy: Political restlessness and Armed struggle of 1. PROBLEM OF GEOGRAPHICAL Awami League in East Pakistan was termed as LOCATION revolt by the government of Pakistan and took Unluckily both parts of Pakistan were at a action in East Pakistan. Many innocent citizens distance of 1600 km and India was in between along with the Armed persons were killed in the the two. This physical distance was creating military action. As a result people of East problems in defence and transportation. Pakistan became enemies of the Army. Last Governor of the East Pakistan, Dr. M.M. Malik, 2. LANGUAGE ISSUE advised President General Yahya Khan to solve After the establishment of Pakistan, only Urdu the matter through political means, but his was adopted as National language but majority proposals were not taken into account. of the East Pakistanis loved their language and 6. ROLE OF INDIA AND SUPER literature, used to speak Bengali. After POWERS independence when central government declared only Urdu as national language of Taking advantage of the internal political Pakistan, the people in East Pakistan situation of Pakistan, the then superior powers demonstrated and launched a movement in (Soviet Union and America) used to interfere in favor of Bengali. At last under compulsion, the East Pakistan through different means. India not central government declared both Urdu and only imparted military training to the escaped Bengali as national languages but now the time refugees from East Pakistan but also provided had passed. The people of East Pakistan disliked them weapons. Later on, American government the West Pakistanis and the issue of language declared that 7 American Marine Craft in Indian reached the Bengali nationalism. ocean is coming to save West Pakistan instead of East Pakistan. Thus the process of separation of 3. DEVIATION FROM DEMOCRATIC East Pakistan was secretly supported by VALUES America. During the 2 Islamic Summit New constitution was prepared in a long period Conference held in Lahore in February, 1974, of 9 years in Pakistan due to which different Pakistan properly accepted Bangladesh (The pillars of the government opposed each other. Former East Pakistan). Hardly a constitution was prepared in 1956, but 7. NEGATIVE ROLE OF HINDU the same was abolished after some time and a TEACHERS never ending military dictatorship was becoming strong in the country. Awami league, the wining After establishment of Pakistan, unfortunately, party of 1970 election was deprived of the power Bangali Muslims had always been backward in by one pretext or another. The result was the education than Hindus. The Hindu teachers were separation of East Pakistan. in majority in schools and colleges. They prepared the minds of new generations to rebel 4. ECONOMIC DESPARITY against the ideology of Pakistan. It paved the Pakistan was not economically stable as a whole way for getting separation from West Pakistan. from the very first day of independence but 12