CONSTITUTIONAL DEVELOPMENT IN PAKISTAN

NOOR SHAMS-UD-DIN SHAMS AKHSS KURAGH

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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 ADMINISTRATIVE LAW

CRIMINAL LAW CIVIL LAW

1ST CONSTITUENT ASSEMBLY

10 TO 14 AUGUST INAGURAL SESSION (Mr. JN Mandal)

MEMBERS: 69……….74… (ML 59) FUNCTIONS

TO PREPARE CONSTITUTION TO ACT AS CENTRAL LAGISLATURE

OBJECTIVES RESOLUTION (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

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: 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

INCORPORATION OF OR AS DIRECTIVE PRINCIPLE IN THE CONS

PROVINCIAL GOVT CM AND GOVERNOR…. UNICAMERAL LEG

LEGISLATURE BICAMERAL…. HOUSE OF UNIT AND HOUSE OF PEOPLE NO DETAIL AS COM ON FRANCHISE REPORT WAS AWAITING

HEAD OF STATE– 5 YEARS TERM– ELECTED BY BOTH HOUSES IN JOINT SESSION– NOT MEMBER OF EITHER HOUSE

HEAD OF GOVT TO B APPOINTED BY HOS……

URDU AS NAIONAL LANGUAGE

AFTERMATH OF THE 1ST REPORT

REACTION– LESS PRO AUTONOMY– URDU AS NAT. LANG– LESS ISLAMIC IN

NATURE– AGAINST THE SPIRIT

OF DEMOCRACY (PRINCIPLE OF PARITY)

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

OR AS PREAMBLE IN THE PROPOSE CONSTITUTION HEAD OF STATE

5 YEAR TERM MUST B A MUSLIM ELECTED IN JOINT SESSION

HEAD OF GOVT APPOINTED BY HOS HELPED BY COUNCIL OF MINISTERS (BOSS OF THE CABINET) RESPONSIBLE TO HOP ONLY

FEDERAL LAGISLATURE BICAMERAL…

– HOUSE OF UNIT…120 MEMBER (60 EAST PAK AND 60 WEST PAK)– HOUSE OF PEOPLE…400 MEMBERS DIRECT ELECTION (200 EACH PART)

PROVINCIAL GOVT CM, GOVERNOR, UNICAMERAL LEGISLATURE

JUDICIARY– CJ PLUS 2 TO 6 JUDGES IN SC– HC FOR EACH PROVINCE

POLITICAL DDEVELOPMENTS

1951 ELECTIONS IN PUNJAB 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

“…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)

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

07/10/1953 PRESENTED TO CA 06/10/1954 ADOPTED BY CA

MAIN POINTS– BICAMERALISIM

HOUSE OF PEOPLE– 300 STRENGTH– 165 EAST PAKISTAN– REST TO WEST PAKISTAN

HOUSE OF UNITS– 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

CAUSES:– 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

AFTERMATH 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

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

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

WRITTEN FEDRALISIM UNICAMERALISM

– NA (150 PLUS 150 MEMBERS)

PARLIAMENTRY FORM OF GOVT NATIONAL LANGUAGES INDEPENDENT JUDICIARY ISLAMIC PROVISIONS

CHANGE IN GOVT

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

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

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:

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