POLITICAL AND CONSTITUTIONAL

DEVELOPMENT PHASES

1947 – 1958
CRITICISM BY RELIGIOUS SCHOLARS

 After sharp criticism by religious scholars a

basic principles committee was setup
 to basic principles committee was setup to
review the recommendations
 however the report was subject to widespread
criticism over its recommendations in East and
West Pakistan.
BASIC PRINCIPLES COMMITTEE
 Basic principles committee was formed in1949
with Liaquat Ali khan as its head.
 Its main task was to examine important
constitutional matters
 Published its first draft in 1950 which invited
strong criticism from East Pakistan.
 Liaquat Ali khan was assassinated in 1951 and
Khawaja Nazimuddin sworn in as second prime
minister.
 Khawaja Nazimuddin presented second report in
1952 , commonly known as Parity Proposal.
 Its main focus was the equal distribution of seats
between West and East .
 It was also criticized on various issues like :
 Treating West Pakistan as single province ,
disregard of numerical strength of east Pakistan
and formation of Ulema Board.
 IRRESPECTIVE OF A DEADLOCK
 Khawaja Nazimuddin was removed in 1953 and
Mohammad Ali Bogra became Prime Minister.
 He presented Bogra Formula to overcome the
constitutional deadlock.
 Sensitive issues like language problem and
representation of East and West Pakistan were
solved
 Governor General Ghulam Mohammad most
undemocratically dismissed constituent assembly
on 24 October 1954.
 Maulvi Tamiz ud Din case.
 Second constitutional assembly was formed
in1955 and under Chaudhray Muhammad Ali it
presented a new draft which was finally approved
in 1956.
1956 CONSTITUTION
 Passed on 29 February 1956 and was
promulgated on 23 March 1956.
 Consisted of 234 articles, arranged in 13
parts, short preamble in the beginning and
six schedules attached at the end ,covered
total of 94 pages.
 It was written and rigid constitution.
THE PREAMBLE
 The preamble of the constitution was the
objective resolution which was adopted
by the Constituent assembly in
March,1949..
 The state was guided by these directive
Principles of State policy but they are
not enforced and not claimed in court of
Law.
THE ISLAMIC PROVISIONS
 Pakistan was defined as an “Islamic Republic”,
wherein freedom , equality, tolerance, and social
justice as enunciated by Islam, should be fully
observed.
 Islamic provisions will be followed by the state
authorities while formulating state policies.
 Steps were to be taken to enable Muslims of
Pakistan to order their lives according with the
Holy Quran and Sunnah.
PRESIDENT
 The President was to be a Muslim.
 No law shall be enacted ,which is repugnant to the
injunction of Islam as laid down in the Holy Quran
and the Sunnah : and that the existing laws shall be
brought into conformity with such injunctions.
 Islamic Advisory Council were to be set up.
 Nothing should affect the personal laws of non-
Muslims or their status as citizens .
THE PRESIDENT
 Chief Executive and Head of State. •
 Should be a Muslim.
 Not less than 40 years of age.
 To be elected by members of National assembly
and Provincial assemblies for 5 years.
 Could be eligible for election.
 Could not continue more than two consecutive
terms.
 Could be checked by ¾ members of legislature.
 Emergency Powers . Article 191-196 for emergency
 Article 193 emergency - president could do so.
 Financial powers
 Could Summon, prorogue and Dissolve the assembly.
 Power to appoint the Prime Minister.
 Provincial Governors and Judges with consent of
Chief Justice , Auditor General and Advocate General..
 Power to release ordinances.
 Power to pardon, commute of sentences.
 Ministers, Deputies appointed by President.
 Official acts could not be challenged.
 Speaker will be acting President in case of
incapacitation or absence.
 In absence of Prime Minister, powers transferred to
President.
 Limited power to veto .
FEDERAL CAPITAL OF 1956
 Karachi
 Electoral system:
 Direct and join electoral system
 Age limit to vote not less than 21 years old
FEDERAL LEGISLATURE
 Uni-Cameral Legislature known as National
Assembly.
 150 Seats each from East and West Pakistan .
 10 women seats, 5 each from both sides.
 21 years voter age.
 25 years Candidate age.
 Member could loose his seat in case of consecutive
60 days absence.
 Speaker and deputy speaker chose from assembly
PROVISIONAL GOVERNMENT AND LEGISLATURE

 Uni– cameral legislature (assembly)

 Provincial cabinet responsible to provincial
legislature
 Governor – chief minister
PRIME MINISTER AND CABINET
 Leader of House and Head of Cabinet.
 Must enjoy the confidence of Legislature.
 Could be removed by the President.
 Real executive authority vested in the Cabinet.
 Collectively responsible to the National
Assembly.
FEDERAL STRUCTURE OF GOVERNMENT
 Comprised of two Provinces, East and West Pakistan.
 Principle of Parity to two Provinces.
 Three Lists
 1.1. Federal:- thirty subjects included Foreign
affairs, Defence , Currency ,Citizenship ,foreign and
inter-Provincial trade and
Commerce,Insurance,Industries,Postal,TelecoComm
unications,Mineral Oil and Gas.
 2.2. Provincial List:-Ninety four subjects
 Public order, Administration of
Justice ,Police ,Land , agriculture, local
governments, education, public health , sanitation ,
industries, factories, regulations of mines , forest,
electricity and other subjects of local interest.
 1.1. Concurrent List:-19 items list comprised of

certain matters, which could be given either to

center or to Provinces.
 Residuary powers were given to Provinces.
 Federal had priority over Provinces list.
 Provinces could not tax to federal property.
 Parliament was supreme decision power in case
of any conflict.
 Chief Justice could also play a role to settle the
matters.
 JUDICIARY
 Independence of Judiciary was guaranteed. •
 Supreme Court:-Headed by Chief Justice with 6
Headed by Chief Justice with 6 judges.
 To Interpret the Constitution.
 Had original as well as appellate jurisdiction. •
 Had powers to adjudicate in any Dispute between
Center and Provinces or vice versa.
 High Court:-
• Each Province had a High Court, consisted of
Chief Justice and other Judges.
• Appointed by the President of Pakistan in
consultation with the Chief Justice.
 Civil Servants could be appointed Judges.
 FUNDAMENTAL RIGHTS
 Part II laid down the fundamental rights
guaranteed to the citizens of Pakistan..
 State shall not make any law contrary to
fundamental rights.
 All citizens were equal and no one could be
deprived of life or liberty except in accordance to
law.
 Freedom of speech and expression was
guaranteed but could be restricted by law in the
interest of security of Pakistan , decency,
Morality, etc.
 Rights of freedom of assembly and freedom of
association were provided.
 Every citizen could move through out the
country, and could reside , settle , hold and
dispose off property in any part of it.
 Slavery and forced labor were prohibited.
 Religious liberties were guaranteed.
 No person could be forced to pay any special tax,
the proceeds of which were to be spent on the
propagation or maintenance of any other religion
other than his own.
 All these rights were enforceable by Supreme
Court and therefore Court was given powers to
issue directions, orders or writs of all kinds for
the enforcement of any of these rights.
 ABROGATION OF CONSTITUTION
 Constitution was
abrogated on October
7,1958 when the Martial
law was proclaimed by
General Ayub Khan.