THE CONSTITUTIONAL

DEVELOPMENT IN PAKISTAN
BETWEEN 1947 AND 1956

IRFAN WAHEED USMANI

THE OUTLINE(I)
(I)Introduction: The Constitutional Development between
1947 and 1956 ( Imp Milestones).
(II)The Passing of the Objectives Resolution and its
significance for Constitutional Development
(III) The Establishment of the Basic Principles
Committee(BPC): The Background and the Two BPC Reports
(IV) Bogra Formula
(V) The establishment of One-Unit
(VI) The 1956 Constitution
(VII) Summing Up
INTRODUCTION: THE CONSTITUTIONAL
DEVELOPMENT BETWEEN 1947 AND 1956:
(ONE STARTS INTRODUCTION: (I) SIG.;(II)
CONTROVERSY

(I)The importance of the period: right after the ceartion of Pak what
country desperately need was framing of the new constitution.
And the authorities/govt. was supremely aware of the need.
(II) The task of constitution-making proved to be arduous as it
involved long-series of experimentation(?: steps) for the
promulgation of the country’s first constitution in 1956.
The controversies and differences over the constitution-making led
to / caused delay in the process of the constitution-framing.
(III) The steps or initiatives for constitution making had profound
impact on the future course of the constitutional development in
Pakistan and in certain ways led to the establishment of dominance
of the non-political forces. military hegemonic system.
THE CHALLENGING NATURE
OF THE TASK: P.64…
RAFIQUE AFZAL:
How to run the state? Constitution; therefore, the consensus
over the constitution-making proved an arduous task..
Main challenges: the decision about the basis on which the
constitution should be framed: (i) population;(ii) territory;(iii)
parity.
The main problem was that the consensus eluded on the
issues.
(I)THE FIRST STEP TOWARDS CONSTITUTION
MAKING: THE PASSING OF THE OBJECTIVES
RESOLUTION AND ITS SIGNIFICANCE FOR
CONSTITUTIONAL DEVELOPMENT

It laid down the basic principles upon which the future

constitution of the country was to be framed.
Provide brief overview of the principles: see from previous
slides
(II) THE ESTABLISHMENT OF THE BASIC
PRINCIPLES COMMITTEE(BPC):THE
BACKGROUND AND THE TWO BPC REPORTS

(I)The BPC was established on the same day right after the
passing of the OBJ resolution: 12 March 1949
What was the task it was assigned? Or did it have to
perform? : To decide upon the principles upon which the
future constitution would be framed.
(II) It drafted or prepared two reports.
The First report is called the Interim Report: September 1950
The reaction
The second report is called the First report: November 1952
(II A) THE INTERIM REPORT BASIC
PRINCIPLES COMMITTEE(BPC):
SEPTEMBER 1950 (I)

The Establishment of the Basic Principles Committee(BPC):

The Background
After the passing of the Objectives resolution:
When did it present its first report? 7 September 1950.. P.68.
( Rafique Afzal p.68)
Why is it called Interim Report?
Reasons: p.68… The reasons for far. ( Rafique Afzal’s Book)
Various crucial issues were yet to be decided: (I) Franchise—
the Franchise committee had not finished its report; (II) the
nature of the degree of Islamization process was to be
decided_ as Taalimeemmat-e Islamia Board had not finalized its
report; (III) the final decision on the nature of the electorate
was also awaited, etc.
(○):THE MAIN FEATURES
OF THE INTERIM REPORT
(I)The incorporation of the Objectives Resolution as the directive principle
of state policy. ( Risayati policy key rehanama usul).

(II)The Bicameral system equal: representation to both units

House of Units(Upper House) and House of People(Lower House)
Lower House directly elected
The composition and size of the houses were not indicated… (reason:p.69).
(III)Equal power to both Houses (parity).
(IV_The matters to be decided in the joint session: election and removal of
Head of state; the budget; the money bills, and motions of confidence
the main purpose
(V)The mode/pattern of the distribution of power:
Listing System: 3 lists of subjects.
○LISTING SYSTEM: 3 LISTS
OF SUBJECT: RAFIQUE
AFZAL 69
The Federal List Provincial List Concurrent List
67 subjects: mention 35 items;
the names of 5—7
( Defence; Foreign
Affairs; Foreign Trade;
Foreign loans;
Communications;
Banking and
Insurance, and;
Industry..
○: REACTION OF DIFFERENT SHADES OF
PUBLIC OPINION: THE THREE MAIN
REACTIONS.

(I)The Religious Parties had serious objections and

reservations. They opposed it vehemently. They had
reservations about the degree of Islamism: Rafique Afzal, pp.69
—70.
They Found Islamic principles as disappointing.
Ulema wanted to see 22 points incorporated into the
Constitution…
(II) Bengalis/East Pakistan: Rafique Afzal..p.69. ( they objected
to the principle of Parity. They wanted a powerful Lower House)
The concerns about the federal formula:
(III) The reaction from Punjab: Fears of Bengali domination
Hamid Khan, p.66:
○: WHY IT HAS TO BE
WITHDRAWN?
Main fears of Punjabi:
(IIB): THE FIRST BPC
REPORT
(I)The First Report of the BPC: November 1952.
(II)Its Main Features
(III)The Reaction of the Political Circles
(IV) The Critique of the Report
OUT LINE(III): BOGRA
FORMULA
The Bogra Formula(1953)
Background
Main Features
Why is it regarded as a compromise formula?
OUTLINE(IV): ONE
UNIT
The Establishment of the One Unit
Introduction
Background
Underlying Motives
The Main Features
Reaction of the shades of public opinion
Analysis
Critique
The Causes of Failure
Summing Up
▪(IIB)THE FIRST REPORT OF THE BPC
(SEPTEMBER 1950)… ITS MAIN
FEATURES (I)

(I)Reconstruction of the Federal Formula within the

framework of East-West Parity. P.102
520: 260 West Pakistan and 260 East Pakistan
Further details of the parity formula:p.103

(II) The Bicameral House: the distribution of seats ( 400

Lower House: (II) 120 Upper House
(III) The Powers of Houses: The Lower House had real
power(areas/domains,p.103): the budget, the money bills,
and motions of confidence;
The Upper House is merely a recommending body:
○THE FEDERAL FORMULA AND
THE DISTRIBUTION OF SEATS:
UPPER HOUSE 60;
East Pak West Pakistan
Upper House: 60 Upper House: 60
Lower House: 200 Lower House: 200
It was consolidated bloc West Pakistan’s representation was
spread over or divided into 9 steps
and territories :
Punjab
Sind
NWFP
Tribal Areas
Bahawalpur
Baluchistan
Baluchistan States
Khairpur State
Karachi (Capital)
○IT CONTAINED SUBSTANTIAL ISLAMIC PROVISIONS:
THE OBJR AS PREAMBLE;THE STEPS IT
RECOMMENDED,AND;IMPORTANT CLAUSES.. PP.104.

(IV) As many Islamic provisions as possible:

(I)The obj r was to the preamble of the constitution; Its
principles were to guide the state….
(II) An organization was to be established which was to
instruct the people in AL Amr Bil Maruf wa nahi an nil munkir
(III) The head of state was to set up a board of not more than
five persons well versed in Islamic law to advise him on the
validity of the bill or any thereof from the Islamic viewpoint.
The head of the state could approve or reject the bill.
In case of any difference of opinion among the members of the
board, a similar procedure was recommended for the units..
○REACTION:PP.104—
105 (RAFIQUE AFZAL)
The Punjabi Leaders The Religious Elite/ Opposition
Circles
Found its federal They considered its More vehement in
formula defective: Islamic character in denunciation of the
adequate federal formula:
Their particular Equal powers to the
concern: both/ two houses
THE CRITIQUE OF
HAMID KHAN (P.71)…
CRITIQUE:
It failed to satisfy both Bengalis and Punjabis:
(I) Bengalis had reservations about the federal formula. They
believed they should be accorded representation according
to their population size, meaning they wanted their own
representation.
(II) The Punjabis feared Bengali domination, but this could
not be allayed.
They feared the consolidated bloc of Bengalis would entice
the support of smaller provinces and states of West
Pakistan to establish their dominance over Bengalis
(III)NOW THE GOVERNMENT TRIES TO RESOLVE THE
CHECKERED ISSUE OF CONSTITUTION-MAKING BY DEVISING
A CONSENSUAL SOLUTION THROUGH THE BOGRA
FORMULA(1953)(I)

Background:
Against the backdrop of the failure of the two PBC Reports
…
Apprehensions of West Pakistan regarding the dominance of
Bengalis
The reservations of Bengalis about systematic maneuvers of
containment of the majority
The differences over the degree of Islamiscity of the
constitution
Language controversy
When did he present the formula: 7 October 1953
(○): MAIN FEATURES:119
—120 RAFIQUE AFZAL
(I) Reduced the nine units to four: details (I) Punjab; (II) Sindh and Khairpur; (III)
NWFP, Frontier states and Tribal areas, and (IV) Baluchistan states union,
Bahawalpur and Karachi
(II) Parity to East and West Pakistan in combined Houses:
East Pakistan: 10 +165=175 ( 30 more seats to East Pakistan in the lower House)
( Maintained the dominance of East Pakistan in the Lower House by according it
more representation)
West Pakistan: 40+135=175 (30 more seats to west Pakistan in the Upper House)
[ To allay the fears of Bengali domination, it accorded more representation to units
of west Pakistan in the upper house).
(III) Each House had equal power in all important matters.( Difference with the first
report. More powerful upper House, a kind of concession to West Pakistan
because it had more representation)
(IV) Further safeguards to allay the fears of one zone dominating over the others:
brief detailsꟷp.120
(V) Two languages: Urdu and Bangla ( Accorded Bangla status at par with Urdu.
The acceptance of the demand of E Pakistan).
○WHY IS IT REGARDED AS A
COMPROMISE FORMULA?

(I) Parity
(II)Conscious efforts to ally apprehensions of both Bangalis
and Punjabis
(III) Efforts to address the fears of West Pakistan of Bengali
domination
(IV)Equal power to both the Houses
(V)Representation to Bengalis based on population in the
Lower House…
(VI) An attempt to resolve the language controversy:
THE ESTABLISHMENT OF
THE ONE UNIT :
(IV) ONE UNIT:
OUTLINE
The Establishment of the One Unit
Introduction
Background
Underlying Motives
The Main Features
Reaction of the shades of public opinion
Analysis
Critique
The Causes of Failure
Summing Up
INTRODUCTION
IF THE ISSUE OF ONE UNIT IS TO BE NARRATED A PART OF LARGER

QUESTION OF THE CONSTITUTIONAL DEVELOPMENT

An attempt was made to resolve the crisis of federalism

though a parity solution
BACKGROUND:
WHO WERE THE MAIN
SUPPORTERS OF ONE
UNIT?
(I) MBO: Ayub Khan, Iskander Miza, Ghulam Mohammad,
Ch.M.Ali: ( Gang of Four)
(II) Punjabi landed aristocracy: Feroze Khan Noon and
Mumtaz Daultana
UNDERLYING MOTIVES : DESIRE
TO CREATE ADMINISTRATIVE
UNIFORMITY:
UNDERLYING
MOTIVES
UNDERLYING MOTIVES:
IN A NUT SHELL
The motives that the authors of The point of view of its critics
the Scheme Ascribed: pp.156—
157.
Check the centrifugal forces: To resolve the issue of Federalism
( markz gruraz rujhanat to rokey according to the whims of the
ga) Bureaucracy and Military.
Strengthen federation They devised the scheme to allay
Reduce the administrative costs the fears of Bengali domination in a
/expenditure constitutional way.
Administrative efficiency
It would help to resolve the menace
of provincialism
○THE MAIN FEATURES

(I)Bicameral Legislature
(II) It attempted to establish parity between the East and the
West Pakistan
(III) The principle of parity in both Houses
(V) Size of the Houses
(V) Powers …
(I)BICAMERAL
LEGISLATURE
(II) IT ATTEMPTED TO ESTABLISH
PARITY BETWEEN THE EAST AND
THE WEST PAKISTAN

(I)The Bengali representation was reduced to 50 percent from

the actual representation of 56 in the lower House
(II) The West Pakistan’s representation was increased to 50
so as to bring it in parity with the East Pakistan. Where it size
in population was 44 percent.
(III) THE THREE PROVINCES AND STATES
IN THE WEST PAKISTAN WERE
AMALGAMATED INTO ONE UNIT.
(I) Punjab; (II) Sindh; (III) NWFP,
and; (IV) states in west Pakistan
The previous attempts to allay
the fears of west Pakistan
(I) BPC the First report West
Pakistan Units 9:
(II) Bogra Formula reduced to (4)
(III) THE PRINCIPLE OF
PARITY IN BOTH HOUSES
(V) SIZE OF THE HOUSES

(V) Powers …
(VI) POWERS
REACTION OF THE SHADES
OF PUBLIC OPINION
It was hailed by pro-eatbishemet Politicians of West Pakistan
Quite naturally, the MBO was itself the very progenitor of the idea.
It sought to resolve the issue as per its own whims and desires.
How could it oppose it?
The opposition came from (I) Bengalis, (II) the nationalist leader of
Pakistan, and (III) Leftist parties, which had different conceptions
of feudalism and democracy.
The Establishment of the One-Unit Front was the earliest
manifestation of the joining or alliance of anti-one forces.
The opposition consolidated into the growth of opposition
alliances or parties: (I) The establishment of Pakistan National
Party in 1956 in West Pakistan; (II) 1957 the establishment of NAP.
It represented the largest conglomeration of the nationalist forces.
○ANALYSIS
The analysis of its positive and negative features + and its critique
THE CAUSES OF
FAILURE
(I)It was not a consensus solution to the crisis of federalism.
Rather, it was based on and obliquely influenced by the
wishes and desires of the larger provinces as well as the
smaller provinces.
(II) It caused co
SUMMING UP

Board Main issue The main The

principles that caused emphasis of apprehensi
were delay in the the ons of
devised constitution establishme Bengali
making nt was to domination
were the neutralize and to ally
fears of the Bengali the fears
West domination the
Pakistan of though the establishme
Bengali formula of nt of west
Domination parity and Pakistan led
though to failure of
creating the efforts
political and of
administrati constitution
ve unity in -making
the West
Pakistan