Constitutional Development

Independence Act of 1947 India and Pak were given independent status Two separate Governor Generals were being appointed by the British Crown. The Act delegated the power of law making with the framing of constitutions to the respective legislatures of each states, The Act of India was to be declared as an interim constitution for both dominions. The legislative assemblies of the both states wered authorized to make necessary alterations and adjustments in this act Therefore the British sovereignty came to an end on 15th August 1947.

Interim constitution

Under article 8 of the independent Act, 1935 Act of India was adopted as the interim constitution of Pakistan, Certain features of this act was being flowed by the maker of new constitution in Pak. 1. Federal structure 2. Pattern of Division of powers 3. role of Chief Executive 4. Method of voting etc

First Constituent Assembly

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The first constituent assembly elected Quaide-Azam as first president and after his death Maulana Tameez-ud-Din became the president of assembly. There were 2 task assigned to the assembly initially 1. framing of the new constitution 2. to enact laws as Federal legislature. Total strength of the assembly is 69,later raised to 79, moreover some new seats have been created to allocate Bahawalpur, Balouchistan and tribal areas. Only two political parties were prominent in assembly , congress and Muslim league. Total number of ML in assembly were 59, the opposition was very slim but different factions in ML existed in assembly.

Objective Resolution
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It was moved by Liaquat Ali khan in the Assembly, who was the Prime Minister at that time. It contains the objectives & important features of the future constitution of Pakistan. Sovereignty belongs to Almighty Allah. The powers have been delegated to the people of Pakistan by him within the limits prescribed by him. Federal structure of the state in which the autonomy would be secured to the provinces. Fundamental rights, justice and fair play, protection of rights and interests of religious minorities would be secure. Independence of Judiciary This resolution provided ideological foundations to the future constitution-making. It was approved by the assembly on 12th March 1949.

Formation of Committees
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After passing the Objective resolution, the committes was formed with the name ‘Basic principle committee’ The prime function this committee was to prepare a draft of the constitution in the light of the Objective Resolution. The total number of members to this committees was 24. This committee formed three sub-committees a) Sub-committee on Federal & Provincial constitution & distribution of powers. b) Sub-Committee on Franchise c) Sub-committee of judiciary( the committees of Islamic scholar to advise the framers of the constitution was also been made) The interim report of BPC was submitted in September 1950 and final Report in 1952.

Reports of BPC First report Criticism
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Parliamentary system Cabinet accountable to the parliament. The same pattern would be followed in province with chief minister and governor Unicameral provincial assemblies. Repository powers were given to the provinces Rigid constitution Two houses of central Assembly Five years term President elected by parliament for 5 years Upper house on the basis of parity among all provinces Lower chamber will be popular one President removal would take place by 2/3 majority.

All detaits has not been provided Hostility of pro-Islamic element for not inducting so much of islamization. East wing was annoyed as the report undermined their proper representation. To make Urdu as an official language was condemned.

Second Report

Criticism

2 chambers,120 members in upper house, 400 seats of lower house President should be Muslim

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East Pakistan got more representation so they were happy. Parochial forces emerged Factions in PML The report was postponed in the meanwhile cabinet was dismissed.

Muhammad Ali Bogra Formula
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Bicameral legislature, both houses will share equal representation Upper house with altogether 50 seats, 10 for Punjab and East Pak each, rest 30 to the 3 equal regions of west Pak. 300 members for lower chamber The supreme court will check the validity of laws according to the Shariah. Report was approved on 21 September 1954 but governor general again dissolved the assembly.

Some other steps towards the first constitution
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Dissolution of first constituent assembly Second constituent assembly West Pakistan as one unit Formulation of new constitution Finally the constitution was promulgated in 1956, which was the first constitution of Pakistan after getting independence.

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