CONSTITUTIONAL
DEVELOPMENT IN PAKISTAN
NOOR SHAMS-UD-DIN SHAMS
AKHSS KURAGH
???
 WHAT
IS CONSTITUTION?
 WHAT DO WE MEAN BY
CONSTITUTIONAL
DEVELOPMENT?
 WHAT IS THE IMPORTANCE OF
CONSTITUTION?
LAW
INTERNATIONAL LAW
NATI0NAL LAW
COMMON LAW
CONSTITUTIONAL LAW
PRIVATE LAW
PUBLIC LAW
GENERAL LAW
CRIMINAL LAW
ADMINISTRATIVE LAW
CIVIL LAW
1ST CONSTITUENT ASSEMBLY
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10 TO 14 AUGUST INAGURAL SESSION
(Mr. JN Mandal)
MEMBERS: 69……….74… (ML 59)
FUNCTIONS
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TO PREPARE CONSTITUTION
TO ACT AS CENTRAL LAGISLATURE
OBJECTIVES RESOLUTION
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(12/03/1949)
SOVEREIGNTY BELONGS TO ALLAH
DELEGATED TO PEOPLES…EXE BY THEIR CHOOSEN
REPS WITHEN THE LIMIT OF ALLAH AS SECRAD TRUST
OF HIM
PRICIPLE OF DEMOCRACY ,FREEDOM, EQULITY,
TOLERANCE AND SOCIAL JUSTICE AS ENUNCIATE BY
ISLAM SHALL B FULLY OBSERVED.
GOVT ‘LL PLAIN GROUND FOR MUSLIMS TO PASS THEIR
LIVES ACCORDING TO ISLAM.
FREEDOM TO MINORITIES.
INDEPENDENCE OF JUDICIARY.
BASIC PRINCIPLES’ COMMITTEE
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TO WORK OUT THE DETAILS OF THE
CONSTITUTION ON THE PRINCIPLES AS LAID
DOWN IN OR.
24 MEMBERS ND CAN CO-OPT 10 FROM
OUTSIDE AS WELL
BPC ESTABLISHED:
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SUB COM ON FEDRAL ND PROVINCIAL CONSTITUTION
SUB COM ON FRANCHISE
SUB COM ON JUDICIARY
TALMAT-E-ISLAMI COMMITTEE
INTERIM REPORT OF BPC 07/09/1950
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INCORPORATION OF OR AS DIRECTIVE PRINCIPLE IN THE
CONS
PROVINCIAL GOVT
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LEGISLATURE
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CM AND GOVERNOR…. UNICAMERAL LEG
BICAMERAL…. HOUSE OF UNIT AND HOUSE OF PEOPLE
NO DETAIL AS COM ON FRANCHISE REPORT WAS AWAITING
HEAD OF STATE
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5 YEARS TERM
ELECTED BY BOTH HOUSES IN JOINT SESSION
NOT MEMBER OF EITHER HOUSE
HEAD OF GOVT
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TO B APPOINTED BY HOS……
URDU AS NAIONAL LANGUAGE
AFTERMATH OF THE 1ST REPORT
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REACTION
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LESS PRO AUTONOMY
URDU AS NAT. LANG
LESS ISLAMIC IN
NATURE
AGAINST THE SPIRIT
OF DEMOCRACY
(PRINCIPLE OF
PARITY)
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GOVT’S RESPONSE
–
LAK WITHDREW THE
REPORT AND
PROMISED DESIRED
CHANGE AND TO
RESUBMIT
POLITICAL DEVELOPMENT
–
16 OCT 1951
KH NAZIM PM
MALIK G.MOHD GG
–
2ND REPORT 22/12/1952
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OR AS PREAMBLE IN THE PROPOSE CONSTITUTION
HEAD OF STATE
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HEAD OF GOVT
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5 YEAR TERM
MUST B A MUSLIM
ELECTED IN JOINT SESSION
APPOINTED BY HOS
HELPED BY COUNCIL OF MINISTERS (BOSS OF THE CABINET)
RESPONSIBLE TO HOP ONLY
FEDERAL LAGISLATURE
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BICAMERAL…
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PROVINCIAL GOVT
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HOUSE OF UNIT…120 MEMBER (60 EAST PAK AND 60 WEST PAK)
HOUSE OF PEOPLE…400 MEMBERS DIRECT ELECTION (200 EACH PART)
CM, GOVERNOR, UNICAMERAL LEGISLATURE
JUDICIARY
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CJ PLUS 2 TO 6 JUDGES IN SC
HC FOR EACH PROVINCE
POLITICAL DDEVELOPMENTS
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1951 ELECTIONS IN PUNJAB
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MUMTAZ DAWLATANA OF ML BECUM CM SUPORED BY
MAJLIS AHRAR AND JUI PAK
FOOD SHORTAGE AND AHMADIA MOVEMENT
6TH MARCH 1953 MARTIAL LAW IN PUNJAB
BY PRETENDING THE WORST SITUATION MALIK
GHULAM MOHD DISSOLVE KH NAZIMUDDIN’S
GOVT ON 17TH APRIL 1953
M.ALI BOGRA BECOME PM OF PAKISTAN
THE MUNIR REPORT 10/04/1954
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“…THE NET RESULT OF ALL THIS IS THAT
NEITHER SHIAS NOR SUNNIS NOR DEOBANDIS,
NOR AHLE HADITHS NOR BARELVIS ARE
MUSLIMS AND ANY CHANGE FROM ONE VIEW TO
THE OTHER MUST BE ACCOMPLISHED IN AN
ISLAIC STATE WITH THE PENALTY OF DEATH
IF THE GOVT OF THE STATE IS IN THE
HANDS OF THE PARTY WHICH CONSIDER THE
OTHER PARTY TO BE KAFIR. AND IT DOES
NOT REQUIRE MUCH IMAGINATION TO JUDGE
OF THE CONSEQUENCES OF THIS DOCTRINE
WHEN IT IS REMEMBERED THAT NO TWO ULEMA
HAVE AGREED BEFORE US AS TO THE
DEFINITION OF A MUSLIM.
MUNIR REPORT… (CONTNUD)
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KEEPING IN VIEW THE SEVERAL DEFINITIONS
OF A MUSLIM GIVEN BY THE ULEMA, NEED WE
MAKE ANY COMMENT EXCEPT THAT NO TWO
LEARNED DIVINE ARE AGREED ON THIS
FUNDAMENTAL. IF WE ATTEMPT OUR OWN
DEFINITION AS EACH LEARNED DIVINE HAS
DONE AND THAT DEFINITION DIFERS FROM THAT
GIVEN BY ALL OTHERS , WE UNANIMOUSLY GO
OUT OF THE FOLD OF ISLAM. AND IF WE ADOPT
THE DEFINITION GIVEN BY ANY ONE OF THE
ULEMA, WE REMAINS MUSLIMS ACCORDING TO THE
VIEW OF THAT ALIM BUT KAFIR ACCORDING TO
THE DEFINITION OF EVERYONE ELSE…”
BOGRA FORMULA
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07/10/1953 PRESENTED TO CA
06/10/1954 ADOPTED BY CA
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MAIN POINTS
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BICAMERALISIM
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HOUSE OF PEOPLE
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HOUSE OF UNITS
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300 STRENGTH
165 EAST PAKISTAN
REST TO WEST PAKISTAN
50 MEMBERS EQUALY DIVIDED B/W THE FIVE PROVINCES
INDIRECT ELECTION
2 ADDITIONAL SEATS FOR WOMEN
EQUAL POWERS
OFFICIAL LANGUAGE… URDU AND BENGALI
DISSOLUTION OF THE COSTITUENT ASSEMBLY
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CAUSES:
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20 SEP 1954 CA REPEALED PRODA
AMENDMENT OF SECTION 9,10,10A,10B OF
GOVT OF INDIA ACT 1935 (UNDER PROCESS)
24 OCTOBER 1954 MALIK GHULAM MOHD
DISSOLVED CA
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AFTERMATH
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MOLVI TAMIZ CASE…. DECISIONS OF SHC AND SC 21/3/1955 …223A ACT
1935 NOT SIGNED BY GG GIVING POWERS TO SC TO INTERFERE AND
ASK GG TO FORM NEW CA
NEW COSTITUENT ASSEMBLY
POLITICAL DEVELOPMENTS
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NEW CA… NO PARTY IN MAJ
11 AUGUST 1955 BOGRA RESIGNED
CH.MUHAMMAD ALI PM
07 AUGUST 1955 ISKANDAR MIRZA
ACTING GG
30 SEP 1955 ONE UNIT
06 OCTOBER 1955 GHULM MOHD
RESIGNED ND I.MIRZA BECUM GG
CONSTITUTION OF 1956
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8/01/1956 DRAFT CONST PRESENTED TO
THE COUNTRY
29/02/1956 ADOPTED
23/03/1956 ENFORCED
234 ARTICLES, 13 PARTS, 6 SHEDULES
SALIENT FEATURES OF THE
CONSTITUTION
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WRITTEN
FEDRALISIM
UNICAMERALISM
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NA (150 PLUS 150 MEMBERS)
PARLIAMENTRY FORM OF GOVT
NATIONAL LANGUAGES
INDEPENDENT JUDICIARY
ISLAMIC PROVISIONS
CHANGE IN GOVT
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8TH SEPTEMBER 1956 M.ALI RESIGNED
AND HUSAIN SHAHEED SAHARWARDY
BECUM PM
10TH OCTOBER 1957 H.S.SAHARWARDY
RESIGNED…I.I.CHANDRIGAR PM
16TH DECEMBER 1957 II CHANDRIGAR
RESIGNED AND MALIK F.NOON PM
7TH OCTOBER 1958 MARTIAL LAW BY
GEN.AYUB KHAN
AYUB ERA 7/10/58 TO 25/03/69
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24 OCT AYUB PM
27 OCT OUSTED I MIRZA
27 OCT 1959 BD ORDINANCE
14 FEB 1960 PRESIDENTIAL ELECTIONS
1ST MARCH 1962 CONSTITUTION ENFORCED
2ND JANUARY 1965 PRESIDENTIAL ELECTIONS
6—23 SEP WAR WITH INDIA
4—10 JANUARY 1966 TASHKANT DECLARATION
25 NOV 1968 PDM FORMED
25 MARCH 1969 AYUB RESIGNED
YAHYA ERA 25/03/69 TO 20/12/1971
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1ST APRIL 1969 YAHAYA BECUM PRESIDENT
4TH APRIL IMPLEMENTED PCO
28 NOV 1969 ABOLISHED ONE UNIT SYSTEM
25/03/1970 ISSUED LFO
7 AND 17 DEC GEN.ELECTIONS FOR NA AND PAs
EAST PAKISTAN CRISIS:
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ELECTION RESULTS AND MUJIB’S SIX POINTS
13 FEB DATE FOR NA SESSION 3RD MARCH POSTPONED ON 2ND
MARCH
REACTION OF AWAMI LEAGUE 1ST WEEK OF MARCH
25TH MARCH MILITARY ACTION IN BENGAL
DEC INDIA’S ROLE
16 DEC SURRENDER BY PAK ARMY
20 DEC YAHYA QUIT
BHUTTO REGIME 20/12/1971 TO 5TH
JULY 1977