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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
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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
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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
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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
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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.
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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
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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
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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
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