09 Constitutional Development 1949-56

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Constitutional

Development in
Pakistan

1949-1956
Prepared by: ARSHI NAUREEN
Basic Principles Committee

Federalism

Franchise
Basic Principles
Committee
24 Members

Fundamental Rights

Board of Talimat-e-
Islamia

Judiciary
BASIC PRINCIPLES COMMITTEE’S FIRST REPORT
The Committee presented its Report to the Constituent Assembly on 28th September 1950.
1: The Objectives Resolution to be included in the Constitution as the directive principles.
2: Bicameral Legislature: There would be two houses of the parliament.
Upper House: (House of Units) Equal representation for all the five federating units.
Lower House: (House of People) Representation of five federating units on the basis of
Population.
Central Assembly
(Two Houses)

UPPER HOUSE LOWER HOUSE


Equal representation of five Representation of five units on
units Population Basis
 Both the Houses would enjoy the equal powers.
BASIC PRINCIPLES COMMITTEE’S FIRST REPORT

3: PRESIDENT
 The Head of State will be elected by joint session of parliament for five years (Two terms only).
 President was not answerable to anyone regarding his powers.
 Might be a Muslim or non-Muslim.
 Assisted by the Prime Minister (PM) and Cabinet.
 Parliament may impeach him by 2/3 majority.
 He was given the power to abrogate the constitution.

4: Cabinet will responsible to both the Houses.

5: No mention of national language


BASIC PRINCIPLES COMMITTEE’S FIRST REPORT
Criticism on 1st Report
This report was severely criticized throughout the country.
 The religious group objected that the report contained nothing about Islamization.
 Over-centralization: Concentration of powers in central Government. Strong center with
vast powers in financial matters.
 On the question of representation, the East Pakistan protested that their majority had been
denied by the Report because both the Houses were given equal powers. So the domination
of West Pakistan was intolerable for the Eastern wing.
 The Eastern Pakistanis condemned the proposal of making Urdu as official language.
Assassination of Liaqat Ali Khan

 Liaqat Ali Khan assassinated in a public session in Rawalpindi on 16th


October 1951.
 Khawaja Nazimuddin became second
Prime Minister of Pakistan.
Basic Principle Committee’s Second Report
BPC presented its 2nd report in Constituent Assembly on 22nd December, 1952.
Recommendations:
Head of the State would be Muslim.
Bicameral legislature with equal representation to East and West wings in both houses

Central Assembly
(Two Houses)

UPPER HOUSE (120 Seats) LOWER HOUSE (400 Seats)


Equal representation of East and Equal Representation of East and
West Pakistan West Pakistan
EP : 60 Seats EP : 200 Seats
WP : 60 Seats WP : 200 Seats
Basic Principle Committee’s Second Report

 No law would be made in violation of Islamic principles.


 Advisory Board of five Islamic scholars was founded.
 Silent on national language.

Reaction to Second Report:


• The report was decidedly an improvement over the previous one. But the politicians
avoided to agree on a constitution, due to unknown reasons.

• Law and Order situation deteriorated due to Anti-Ahmiddiyya riots in Punjab.


• Governor-General Ghulam Muhammad used the situation in his favor and dismissed Kh.
Nazimuddin from premiership for his inability to check the riots.
• In the same month, he summoned Muhammad Ali Bogra, the then Pakistan's ambassador to United
States and appointed him the prime minister in place of Khawaja Nazimuddin.

Malik Ghulam Khwaja MUHAMMAD


Muhammad Nazimuddin ALI BOGRA
Muhammad Ali Bogra Formula
Prime Minister Muhammad Ali Bogra presented his proposals to the constituent Assembly on 7 th
October 1953. Regarding the representation Bogra Formula proposed:

Bicameral
Legislature

Upper House
Lower House
Total seats
Total seats 300
50

East Pakistan West Pakistan East Pakistan West Pakistan


10 seats 40 seats 165 135

175 175
Muhammad Ali Bogra Formula

 Urdu and Bengali were suggested as National Languages.

 A Drafting Committee was appointed to prepare the draft Constitution by


January 1st, 1955.
Dissolution of 1st Constitutional Assembly

 On October 24, 1954 Malik Ghulam Muhammad surprised everyone and dissolved the
Constituent Assembly which proved a fatal blow to democratic process.
 Maulvi Tameez-ud-Din Khan, then Speaker of the Assembly challenged the dissolution
order in Sindh High Court, which decided in the favor of the applicant.
 The Federal Government went in appeal in the Federal Court, which accepted the
appeal by set-a siding the order of Sindh High Court.

 The Government was advised to conduct elections of the Constituent Assembly.


Second Constitutional assembly of Pakistan

• The second Constituent Assembly of Pakistan


was created on 28th May 1955 under Governor
General's Order No.12 of 1955.
•  The Electoral College for this Assembly was the
Provincial Assemblies of respective Provinces. 
• The strength of this Assembly was 80 Members,
half each from East Pakistan and West Pakistan.
• Ch. Muhammad Ali became the new Prime CH. MUHAMMAD ALI
Minister Of Pakistan on 12th August 1955. Aug 1955 - Sep 1956
FORMATION of ONE UNIT
 The presence of Four provinces in West Pakistan has complicated
the issue of representation of West Pakistan in Central Assembly.
 Keeping in view the administrative difficulties the Government
of Pakistan decided that all the four provinces and states of West
Pakistan should be merged into ONE UNIT.
 The idea of ‘One Unit System’ was conceived by Malik Ghulam,
the then Governor General of Pakistan.
 The drafting of ONE UNIT bill was completed by Prime Minister
Mohammad Ali Bogra who had made the first official
announcement on 22 November 1954.
 The National Assembly of Pakistan passed a bill merging of all
West Pakistan into a single province on 30 September 1955, and
finally, it was implemented on 14 October 1955.
Reasons of Formation ONE UNIT

Earlier in 1954, Prime Minister Mohammad Ali Bogra praised the idea and said, “There will be no
Bengalis, no Punjabis, no Sindhis, no Pathan, no Balochis, no Bahawalpuris, no Khairpuris. The
disappearance of these groups will strengthen the integrity of Pakistan”.

Iskander Mirza who put forward the bill in the Assembly also gave following reasons;
 It would end the curse of provincial prejudices.
 It would allow the development of backward areas.
 It would reduce administrative expenses.
 It would make it easier to draw up a new constitution.
 It would give East and West Pakistan maximum autonomy.
ONE UNIT

 As a follow up of the plan after the general election of 1955, the


four provinces
and Tribal areas were merged in the western wing.

 West Pakistan was composed of twelve divisions, and the


provincial capital was established at Lahore.

 The province of East Bengal, now Bangladesh, was renamed as


East Pakistan with the provincial capital at Dacca.
EVALUATION of ONE UNIT SCHEME
Most of the objectives mentioned as a cause of the “One Unit” were not met.
 The One Unit policy was regarded as an administrative reform that would reduce expenditure and help to eliminate racial and
parochial prejudices. However the expenditures were not controlled and limited.

 Remote areas of the country were ignored, and some local problems emerged with high intensity.

 The people of different provinces of West Pakistan protested against this new scheme and insisted on the separate, distinct identities
of regional cultures of the provinces. The demand for the restoration of small provinces came up through various movements.
 In East Pakistan, many political parties and groups questioned the principle of parity between the two wings and perceived that the
whole of West Pakistan is together against East Pakistan. These facts increased the sense of alienation among them.
 The ‘One Unit Scheme’ sustained the highly centralized and bureaucratic political order that suffered from a legitimacy crisis in the
NWFP and Sindh. Some leaders of Baluchistan, too, opposed the ‘One Unit Scheme.’
 Overall, ‘One Unit’ created more problems internally in West Pakistan, even the disparity between West and the East was neither
removed nor was any other issue was resolved.

one unit system remained to enforce from 1955 to 1970.

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