Political and Constitutional History

of Pakistan
BIRTH OF A NATION AND DEATH OF JINNAH
Group Members
Amna Khawar 1725132002
Khadija Sagheer 1725132016
Sabahat Shahid 1725132033
Birth of a Nation (Pakistan)

 Pakistan emerged in 1947 from British India, which was

partitioned into two dominions, India and Pakistan
 On 14 August 1947, Pakistan achieved independence one day
prior to India
 India was partitioned and an East and West Pakistan was created
from Muslim majority areas
 After Pakistan came into being, there was formed a constituent
assembly
 The purpose was to write the first constitution of Pakistan
and serve as it’s first parliament
 The constituent assembly founded on August 11, 1947 and
having 69 seats Ideology of Pakistan
Jinnah and Constituent Assembly
 Jinnah was not only the governor-General and President of
constituent assembly, but the architect and founder of Pakistan
 He clearly spelt out two main functions of constituent
assembly:-
1. Functioning as a federal legislature of Pak
2. Framing the future constitution of Pak
 Jinnah delivered his memorable presidential address on 11Aug,
1947 which has the following points:-
1. Was maintenance of law & order
2. Protection of life, property and religious beliefs of citizens
3. He called bribery and corruption ‘a poison’
4. He identified black-marketing, nepotism & jobbery as evils Quaid-e-Azam speech on 11 Aug,1947
which had to be stamped out
5. He called upon the majority and minority communities in Pak
6. He declared all citizens of Pak, regardless of color, creed or
caste, would enjoy equal rights.
The Interim Constitution: Adaptation of
Government of India Act,1935
 Government of India Act 1935 with certain adaptations changed into Indian Independence Act,
1947
 This provisional constitution became the working constitution of Pakistan& The Pakistan(Provisional
constitution) order, 1947 established the Federation of Pakistan which includes:-
1. The four provinces of East Bengal
2. West Punjab
3. Sindh and NWFP
4. The capital of the federation, Karachi
5. Such Indian states that might accede to the Federation
The Interim Constitution: Adaptation of
Government of India Act,1935
Adaptation of Government of indian Act, 1935
 Under the original act of 1935; Governor General position was unique, he has the widest
discretionary powers and special responsibilities
 These discretionary powers and special responsibilities were restricted through an amendment in
the Indian Independence Act,1947
 under Section 8(c) of the Indian Independence Act of 1947, the power the Governor to act at
his discretion or to exercise his individual judgement lapsed from 15Aug, 1947
 The powers and functions of the central legislature under the Government of India Act 1935, were
conferred on the constituent assembly
 The Constituent Assembly could however amend the Indian Independence Act 1947 and no
act of British Parliament could be to extended Pakistan without legislation by Constituent
Assembly
The Interim Constitution: Adaptation of
Government of India Act,1935
Powers of Governor General Of Pakistan
 Under the Government of Indian Act 1935 as adapted in Pakistan, Governor General
continued to enjoy wide and substantial powers
 He was the executive head of the State and some of key appointments were to made
by Governor General
 Such as appointment of prime minister, federal ministers, principal military officers,
Governors of provinces, Chief Justice and many other important officials
 The Governor General had the power to summon and terminate the legislature First Governor General of
Pakistan
 General had enormous powers of control over the provincial Governments
 No discretionary powers were left to Governor General under Act adapted in Pak
The Interim Constitution: Adaptation of
Government of India Act,1935
Constituent Assembly
 The original plan of one constituent assembly had to be discarded because of the difference between
Hindus and Muslims
 Two Constituent Assemblies were created one for India and other for the new dominion of Pakistan
 The inaugural session of the Constituent Assembly of Pakistan was held in Karachi from 10 to 14 Aug,
1947
 Jogendra Nath Mandal a member of minority community from East Pakistan elected as temporary
chairman on the first day of session
 Jinnah was subsequently elected unopposed as President of the Constituent Assembly on 11 August
 The constituent assembly originally consisted of 69 members; subsequently, its strength was raised to 74
 States of Bhawalpur, Khairpur & Balochistan and the tribal areas were given additional seats on their
accession to Pakistan
The Interim Constitution: Adaptation of
Government of India Act,1935
Members of the Constituent Assembly
 There were only two parties in the Constituent Assembly the Muslim
League and Congress
 Muslim League had 59 seats in the Constituent Assembly
 Members from East Pakistan were mostly from middle class while
from West Pakistan included several Landlords
 The only Muslims in the constituent Assembly who were not Muslim
leaguers were Abdul Ghaffar Khan and A.K. Fazlul Haq
 Members were mostly the principal associates of Jinnah in the
movement of Pakistan; Liaqua Ali khan, Khawaja Nazimuddin, Omar Members of Constituent
Assembly 1947
Hayat khan, Muhammad Hussain, I.H. Qureshi
Basic principles and other important
committees
Basic Principles committee
 The constituent assembly set up several committees and sub committees for framing of constitution
 Basic Principles Committee appointed on 12 March,1949 when Objective Resolution was passed
 It task was to report in accordance with Objective Resolution on the main Principles of future
constitution
 It consisted on 24 members & it has 3 sub-committees
1. Sub-committee on federal and provincial constitution
2. Sub-committee on Franchise
3. Sub-committee on judiciary
 Sub-committees were further allowed to tour various parts of Pakistan to take evidence
 Its interim report presented on 7 Sep, 1950 and final report on Dec 1952
Basic principles and other important
committees
Other important committees
 Committee on Fundamental Rights of the Citizens
 Committee on Matter relating to Minorities
 Set up in the inaugural session on 12 august, 1947
 The interim report presented in1950 and final report in1959
 Matters relating to Minorities took time because of complicity of task
 State Negotiating Committee; deal with the representation of Princely State
which had acceded to Pakistan
 Tribal Area Negotiating Committee; deal with matters relating to tribal areas
Basic principles and other important
committees
Federal and Provisional Constitution
 The Interim constitution provided a parliamentary form of government headed by
Prime Minister
 Under the section 8(1) of Act of 1947, the powers and function of federal legislature
were to be exercised by the Constituent assembly which hold regular sessions
 It was a unicameral legislature presided over by a speaker and deputy speaker
 Each province headed by Governor appointed by Governor General
 Parliamentary form of government also provided for provinces
 The provincial legislature had a life span of 5 years unless dissolved earlier and also
unicameral
Basic principles and other important
committees
Judicial Constitution
 The Interim Constitution provided for a federal court consist on Chief
Justice of Pak and six puisne Judges
 All are appointed by governor general
 For appointment as judge of federal court person had to be judge of
high court for at least 5 years
 Two High courts were constituted under Interim Constitution
1. Dhaka high court
2. Lahore high court
Partition of Punjab
 The mostly Muslim western part of the province became
Pakistan's Punjab province
 The mostly Hindu and Sikh eastern part became India’s
East Punjab state
 Many Hindus and Sikhs lived in the west, and many
Muslims lived in the east
 Partition saw many people displaced and much inter-
communal violence
 The newly formed governments had not anticipated, and
were completely unequipped for, a two-way migration
 Sir Francis Mudie, the governor of West Punjab, estimated
that 500,000 Muslims died trying to enter his province
The Kashmir issue

Background:(India and Pakistan became independent and partition

happened)
 Wanted to stay neutral 1947
 Political party national conference
 Founder(sheikh Abdullah) struggling against maharaja for self rule
→wanted democracy
 Parliament has all powers ←king constitutional head
1947event
 In Kashmir Muslims 77%← Muhammad Ali Jinnah argued →Hindus 23%
 Princely state should join Pakistan
 Maharaja did not want He signed standstill agreement with Pakistan(continue
thing like trade & communication)
 There was rebellion in pooch area against state policy &army
 Pakistan support tribal Pushtoon fighter from NWFP (22 october1947)
Kashmir conflict

 Maharaja asked Indian government for help

 Indian government said ,if you want help you want to accede to
india, then we can give you military help
 Maharaja signed instrument of accession on 26 Oct 1947
 Pakistan rejected this accession signed under duress(pressure) by
unpopular
 Sheikh Abdullah also agreed with this agreement
Kashmir issue

 Lord mount-batten
 Jawaharlal Nehru
 Redcliff
 Redcliff award
 Rajaa Hari Singh
Kashmir issue

72 years old issue

80lac people
9 lac soldiers
British create this issue
 Uprising
Captivating story on Kashmir issue

 total 565 states (Kashmir was largest among them)

 Self determination
 Kashmir(Muslim 77% ,Hindus 20%, Sikh and Buddhist 3%)
 Raja Hari Singh
 Weapons
 Help from India
 27 Oct, 1947
 Raja Hari Singh disappear
 Indian army Kashmir
 Quaid-e-Azam felt we are subject to injustice due to Kashmir
 Quid-e-Azam penalize Nehru
Three process resolution

 Pakistan was asked to withdraw its nationals from Kashmir

 India was asked to progressively reduce force to minimum level to
maintain law and order
 India was asked to appoint a referendum administrator nominated by
UN who would conduct free election
Division of Kashmir

 Kashmir divided into three parts:

1. Northern area (Azad Kashmir)
2. Ladakh (Jammu Kashmir)
3. Srinagar Valley
 13aug 1948
 UN security council resolution(final plebiscite)
 LOC final
 Process of appeasement and Negotiation
 Ayyub khan 1965
Factors of United Nations

 Pakistan economically weak

 India economically western block
Quaid-e- Azam Muhammad Ali Jinnah

 Early Life of Jinnah

 Life Style and Nature of Jinnah
 Political Career of Jinnah
 Isolation from Congress Leadership
 Communalist Jinnah 
 Independent Pakistan
 Death and Legacy