HIS 103: Emergence of Bangladesh

The Ayub Regime (1958-1969)

April 05, 2021
 The Ayub Regime
Background:
Iskandar Mirza’s intention to prolong his power made him proclaim Martial Law
throughout Pakistan on October 8, 1958. This helped Ayub Khan, the army chief, to
capture power.
On October 28, 1958, General Ayub Khan assumed the office of the President
ousting Iskandar Mirza, and took over the charge of administration of the country.
To consolidate his authority Ayub Khan secured a Mandate from the Basic Democrats
through a formal vote for enacting a new constitution for the country.
In discharging that mandate he appointed a Constitution Commission on February
17, 1960 which concluded that parliamentary system of government proved to be a
failure in Pakistan, and it recommended a presidential form of government under the
following grounds:
 The Ayub Regime
 Presidential system ensures only one person as the head of affairs
(unlike the previous system), thus, a clash of personalities can be
avoided;
 Presidential system restricts legislators exploit his/her position to his
advantage unlike the parliamentary form of government;
 Presidential system ensures greater stability (which is our prime
need);
 In presidential system, administrators are appointed from amongst
the ablest of men available, and not necessary from among the
members of parliament.
 The Ayub Regime
Basic Democracies
Basic Democracies was a local government system introduced during the Ayub regime in the early
1960s ( This is also dubbed as ‘Primary democracy’ or “buniyadi gonotantro”).
General Ayub khan, President of Pakistan, introduced the concept of basic democracy under the
Basic Democracies Order, 1959 on October 26, 1959 having made an attempt to initiate a grass-root
level democratic system.
Of course, most of the political parties of East Pakistan had different ideas about his scheme, and
considered it a bid to seize power in the hands of Ayub Khan and other vested groups.
When Ayub Khan introduced basic democracy after trashing a truly democratic constitution through
martial law, he had only one objective: To institute a system that could be guided at the will of the
rulers.
The system of Basic Democracies was initially a five-tier arrangement. They were: (i) union councils
(rural areas), town committees (urban areas); (ii) thana councils (East Pakistan), tehsil councils (West
Pakistan); (iii) district councils; (iv) divisional councils; (v) provincial development advisory council.
 Basic Democracies of Ayub Khan

Of the five councils created by the Basic Democracies Order only the union and district councils
had been given specific functions.
 The union council had been entrusted with a variety of functions such as agriculture, small
industry, community development and increased food production in the union.
 It maintained law and order through the rural police and had been given judicial powers to try
minor civil and criminal cases through its conciliation courts.
 The union councils were given the responsibility of planning and implementing rural public works
programs for construction of roads, bridges and culverts, irrigation channels and embankments.
 The union council was empowered to levy taxes, impose rates, tolls and fees.
 The most important feature of the basic democracy system was that it formed the national
electoral college consisting of 80,000 members from East and West Pakistan (40,000 from each
wing) for the elections of President, members of national assembly and of the provincial
assemblies.
 Basic Democracies of Ayub Khan
The thana/tehsil council was mostly a coordinative and supervisory body. All the
activities of union councils and town committees falling within its jurisdiction were
coordinated by it. All development plans prepared by the union councils and town
committees were coordinated by the thana council including supervision of on-going
schemes. It followed the directions of the district council and remained responsible to
it.
The district council had been entrusted with three types of functions: compulsory
(construction of public roads, culverts, bridges, maintenance of primary schools,
plantation and preservation of trees, regulation of public ferries, and improvement of
public health), optional (education, culture, socio-economic welfare) and coordinating.
The fourth tier, the divisional council, was least important functionally. It was simply
an advisory body at that level.
 Basic Democracies of Ayub Khan
Evaluation:
Apart from being the agent of local government, the basic democracies also
performed political and electoral functions to legitimize the government
through popular support and participation.
 In the referendum for presidential elections held on 14 February 1960 the
basic democrats voted for Ayub Khan.
 The only beneficiaries of the system were big landlords, industrialists, and the
civil service whose powers were greatly augmented in that period.
 The monopolization of electoral rights by the basic democrats was strongly
hated by the vast rural and urban masses, which led to mass upheaval against
Ayub in 1969.
 Basic Democracies of Ayub Khan
 The real purpose of basic democracy would be revealed, however, in the
1962 constitution introduced by Ayub Khan. Under the 1962 constitution,
the democrats elected at union level formed an electoral college to elect
the president, the National Assembly, and the provincial assemblies.
 Since then, this electoral college of basic democrats became the darling
of the regime who formed the core group of support for the government
and its rulers. The lofty ideals of grass-root democracy with a coterie of
supporters did not last long.
As a political institution it not only failed to legitimize the regime, but
also lost its legitimacy after the fall of General Ayub in 1969.
 1962 Constitution of Pakistan
Background:
 Since October 6, 1958 Pakistan experienced almost 44 months of Martial Law till June 1962.
 In the mean time General Ayub Khan introduced “basic Democracies” Order in October 1959 with an
aim to strengthen his own support base at the grass root level.
 Ayub arranged referendum on February 15, 1960 in which the 80,000 “Basic Democrats” casted their
vote. Election turn out was unbelievably 95.6%. The referendum had its own subjectivity, i.e, to
legalize Ayub’s tenure.
 On February 1, 1960, Ayub secured a Mandate from the Basic Democrats through a formal vote for
enacting a new constitution for the country.
 In discharging that mandate he appointed a Constitution Commission (Justice Shahabuddin
Commission) on February 17, 1960 which submitted its report on May 6, 1961.
 The Governor’s Conference at Rawalpindi from October 24-31, 1961 reviewed the report.
 General Ayub Khan announced the new constitution on March 1, 1962 based on the report which
came into force on June 8, 1962.
 1962 Constitution of Pakistan
Salient Features of the 1962 Constitution:
Form of Government:
 Instead of the Federal System, Presidential Form of Government was introduced for the first time through
the 1962 Constitution in which the President was the real executive and was independent of the
legislature and judiciary.
 The president would be elected indirectly by the Basic Democrats/ electoral college.
 President would hold office for fixed term of five years, and could not be removed from office by an
inverse vote, but by a special process of impeachment
 The President would nominate his Cabinet and Provincial Governors who would be responsible only to
him.
 Thus, the dominance of the executive branch vested in the President was the underlying principle of the
1962 constitution of Pakistan.
 1962 Constitution arranged a ‘government of the President, by the President and for the President’ (K B
Sayeed, 1963) in Pakistan in which the President was the “Corner-Stone”.
 1962 Constitution of Pakistan
Islamic Republic:
 The constitution of 1962 declared Pakistan as the “Islamic Republic of Pakistan”.
 Ayub considered “Islam” the only weapon (ideology) to ensure the unity and integration of
physically fragmented wings of Pakistan.
 No law or legislation would be passed which was against the spirit of the Quran and
Sunnah. An advisory council of Islamic scholars would be formed to help legislatures to
frame laws in accordance with the teachings of Islam.
Basic Democracies:
 In the 1962 Constitution a new system of basic democracies was introduce (mentioned
previously).
 The elected Basic Democrats would constitute an “Electoral College” which would elect the
President and MPs. Thus, the indirect election system was adopted in 1962 Constitution.
 1962 Constitution of Pakistan
Independence of Judiciary was diminished:
 Unlike the 1956 Constitution, the 1962 Constitution diminished the independence of the judiciary.
Under the 1962 Constitution, the authority of appointment and transfer of judges rested in the
President. Moreover, the judiciary could not declare any law/provision unconstitutional at its own.
 Moreover, both the Supreme Court and the High Courts could not start proceedings of a case on their
own. The administration of the subordinate courts was only partially under their control.
Unicameral Legislature:
 Like 1956 Constitution, the 1962 Constitution adopted single House Parliament (unicameral
legislature) both at the Center and the Provinces. The central legislature was called the National
Assembly which had 156 members (6 of which was reserved for women) equally drawn from the two
wings of Pakistan. The tenure of the Assembly was five years.
 Unlike the 1956 Constitution, the provision of provincial autonomy was denied in the 1962
Constitution. The National Assembly under the leadership of the President could legislate any law it
deemed necessary.
 1962 Constitution of Pakistan
The 1962 Constitution originally did not provide any list of fundamental
rights which was later enlisted through the First Amendment Act of
1963- almost similar to that of the 1956 Constitution.
It kept the provision that if the President was from West Pakistan, the
Speaker would be from East Pakistan (ref. F. Q. Chowdhury).
Only three candidates would be allowed to contest the presidential race!
The state language of Pakistan would be Bengali and Urdu but English
might be used for official and other purposes until arrangements for its
replacement are made.
 Ayub Regime
Anti-Ayub Student Movement 1962:
Issues:
 Arrest of Huseyn Shaheed Suhrawardy
 1962 Constitution
 The Shareef (Education) Commission's report (mid-1962)
The 1965 Presidential Elections ( January 2, 1965; two candidates, Ayub and Fatima
Jinnah; Ayub won in a very competitive election)
Indo-Pak War of 1965 (September 6, 1965 which lasted for 17 days only; issue- Kashmir, hidden issue-regain the
image of Ayub againt Fatima Jinnah, his competitor in the Presidential poll)
Widened Economic Disparity between the two wings of Pakistan
Six-Point Program of Bangabandhu.