Uploaded by 21b-066-se

Lecture 7 - Early Problems and Constitutional Development

advertisement
Initial Problems of Pakistan
1. Demarcation of Boundaries – Redcliffe’s Award
2. Uprooting of Muslims
i. Communal Riots
ii. Arrival of Refugees
iii. Resettlement
3. The Division of India’s Assets
iv. Canal water and trade issues
v. Military and Financial Assets
4. Integration/Accession of Indian Princely States (560+ vs. 13)
(V. P. Menon and Mountbatton)
vi. The Recalcitrance of Hyderabad/Junagadh /Kashmir
5. Administrative Problems
6. Constitutional Problems
7. Language Controversy
8. Death of Quaid-e-Azam
New State, Political History, and Constitution:
The problems in setting up the new state and Constitution
making. Issues were:
•Structure of federation,
•Representation,
•Language,
•Electoral system,
•Islamic state, and
•Parliamentary or Presidential system.
History of Constitution making:
• Workings of two Constituent Assemblies.
• One Unit Scheme
• Constitution made in Feb 1956
• Constitution of 1962, 1973
• Features of the Constitutions
• Experiment with different systems, parliamentary and presidential.
• Political History: 1947-1971 and 1972-to the Present.
Important political events 1945 – 1946
1. Aftermaths of the World War II
2. Simla Conference 1945 by Lord Wavell
3. Dialogue between Mr. Jinnah and Mr. Abul Kalam Azad
(differences increased)
4. Extremely clear stance of ML: It is the SOLE representative of
Muslims; where as Congress raised the slogan of
independence of undivided India
5. Elections Feb, 1947: ML won




Punjab: 79 out of 86 Muslim seats
Bengal 113 out of 119 Muslim seats
Sindh 28 out of 35 Muslim seats
NWFP 17 out of 38 Muslim seats
Important political events 1945 – 1946
6. The Cabinet Mission: March 1946
• British Labour government (Maulana Abul Kalam Azad as the
president of the Congress stressed to establish federal government
and Jinnah repeated the Two Nation Theory as a universal reality).
7. Second Simla Conference (May 15, 1946)
• ML wished two legislative assemblies while anti-ML political
parties favored strong centre under the undivided India.
8. Interim Government
9. The Objectives Resolution (1949)
• the first constitutional document that proved to be the ‘foundation’
of the constitutional developments in Pakistan.
• It provided parameters and sublime principles to the legislators.
• It was moved by Liaquat Ali Khan on March 12, 1949.
10. Constituent Assembly
The Constituent Assembly (1947-54)
It was an assembly consisting of 69 members. Later it increased to 79 after the
1947 when some states joined Pakistan and then increase in the population.
Governor General and President of Consittuent Assembly was Muhammad Ali
Jinnah and his Deputy President was MoulviTameez Uddin
How and why CA was dissolved?
After the death of Mr. Jinnah, President of CA was Moulvi Tameez uddin and
GG Khwaja Nizam Uddin. Both were parallel heads of the state.
3rd GG of CA was Ghulam Muhammad still Moulvi Tameez Uddin was President
1954 Mr. Ghulam Muhammad said we still don’t’ have any Islamic constitution
so I will dissolve CA. He used to make rules by his own self. In the Indian Act of
1935, GG was given right to disqualify any Government officer whom he finds
incapable of serving
Acting GG was Iskandar Mirza of Ghulam Muhammad who then became first
President of Pakistan
The First Constituent Assembly (1947-54)
The first Constituent Assembly came into existence under Indian
Independence Act 1947
The members from the districts that became part of Pakistan were
declared members of the Constituent Assembly.
The Key Issue:
•What kinds of institutions and processes have to be created to translate
the notion of supremacy of the Qur’an and the Sunnah
• The Constituent Assembly adopted a middle course and a modernist
perspective.
• Spirit of Islamic principles and values, modern notions of governance,
representation and administration were amalgamated.
•Islamic provisions would be taken up when we discuss the constitutions.
Features of the Objectives Resolution
1. Sovereignty over the entire universe belongs to Almighty Allah alone.
2. The authority which He has delegated to the state of Pakistan through its people
for being exercised within the limits prescribed by Him is a sacred trust.
3. Constitution will be framed for sovereign, independent state of Pakistan.
4. The state shall exercise its power through the representatives of the people.
5. Principles of Democracy, freedom, equality, tolerance and social justice as
enunciated by Islam will be fully observed.
6. Muslims shall be enabled to organize their lives in accordance with the teachings
and requirements of Islam as set out in the Quran and the Sunnah.
7. Minorities to have freedom to freely profess and practice their religions and
develop their cultures.
8. Provisions for safeguarding the legitimate interests of minorities, backward and
depressed classes.
9. Pakistan shall be a Federation with autonomous units. State’s sovereignty and
territorial integrity will be protected.
10. People of Pakistan should prosper and attain their rightful place in the
comity of nations and make contribution towards international peace and progress
and happiness of humanity.
Back
Download