Sindh 9 Class Pak Studies Cha 3 Constitutional Development in the Islamic Republic of Pakistan

The constitution is defined as “a set of fundamental laws, rules, and regulations, which are necessary for running the administration system of a state with an objective that people may lead an independent, disciplined, peaceful, and happy life.” The individuals and institutions of a state together formed the government.

This government further became subject to a collection of rules, laws, and regulations to determine the powers and authority of the government, the inter-relationship between the government and the institutions and the rights of the citizens. These all are provided in a framework, which is called the Constitution. Hence, to run the affairs of the government, a constitution is required and no one could cross the limits, which are set by the constitution.

The Objectives Resolution:
The Objective Resolution is one of the most eminent documents in the constitutional history of Pakistan. It was approved on March 12, 1949. In this Resolution Islam was declared as the foundation of the constitution of Pakistan. It was also declared that all powers and sovereignty rests with Allah Almighty. The golden principles of freedom, equality, social justice, and democracy enunciated by Islam would be enforced in order to enable people to lead their lives according to the teachings of Islam. The emphasis on the enforcement of Islamic principles was laid because it was a clear objective of the Pakistan movement to achieve a separate state for the Muslims of the sub-continent. It ensured the objectives on which the future constitution of Pakistan was based. The people and the representatives will carry their duties under the restrictions given by Allah.

Salient features of Objective Resolution:
The Objective Resolution has a fundamental status in the constitution-making history of Pakistan. The salient features of objective resolution are:
1)    Sovereignty:
It is stated in the Resolution that sovereignty only belongs to Allah. Political power is a sacred trust, which shall be exercised by the representatives of the people within the limits prescribed by the Holy Quran and Sunnah.
2)    The Fundamental principles of Islam:
The principles and concepts of democracy, equality, and social justice enunciated by Islam shall be enforced within the country.
3)    Islamic way of Life:
The Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings and requirements of Islam as set out in the Quran and the Sunnah.
4)    Rights of Minorities:
Non-Muslims will be given equal rights in the state. All the minorities will have the right to live their lives according to their beliefs. They will be guaranteed to worship and perform their religious duties and build their temples.
5)    Federal Constitution:
Pakistan shall form a federation in which the federal units have autonomy within the limits prescribed by the constitution.
6)    Freedom of judiciary:
It is stated in the resolution that the basic rights of the people and judiciary of the state shall be fully independent and secured.
7)    Democratic Government:
Democracy will be implemented in the country. It means the government will be elected through the chosen representatives of the people and people will have the right to change and criticize the government.
8)    Promotion of Islamic Way of Life:
Facilities will be provided to the Muslims to enable them to model their lives by the teachings of the Quran and Sunnah, i.e. the model set by Prophet Muhammad S.A.W.

Conclusion:
Objective Resolution is the document of a great framework to achieve the goals for a better life for the people of Pakistan. After the division of the subcontinent, it was the first and initial problem for the newly created state to decide the character and the constitution of Pakistan. The Objective Resolution achieved this demand very well and enforced the laws in the guidance of Islam in the country. Moreover, it fulfils the need of an ideal Islamic State.

The process of constitution-making started with the passing of the Objective Resolution and after passing it out the Constitution Assembly set up a Basic Principle Committee for making the future constitution of Pakistan. It submitted its first report in September 1950 but all the people of the country rejected this report. After that, many reports were presented until 1954 but they were not given any importance. Therefore, the Federal Court in 1954 advised the Governor-General to form a new Constituent Assembly immediately. In this way, the Second Constitution Assembly elections were held in June 1955. The Assembly passed the One-Unit Act and it removed the greatest hurdle in the way of constitution-making. The constitution was finally passed in February 1956.

The Constitution of 1956:
The constituent assembly accelerated the process of constitution-making under the guidance of new Prime Minister Chaudhary Muhammad Ali. The Constitution of the country was prepared in less than one year. It was enforced on March 23, 1956. Therefore, it is remembered as the Constitution of 1956. The Constitution of 1956 remained in force for about two and half years when General Muhammad Ayub Khan, Commander-in-Chief of Pakistan Army took over the administration of the country by imposing Martial Law on 7 October 1958.

Salient Features of the Constitution of 1956:
The most important features of the constitution of 1956 were:
1)    The sovereignty of Allah:
The Objective Resolution was incorporated in the preamble of the Constitution. It was stated that the sovereign authority of the Universe only belongs to Allah Almighty and Pakistan was declared as the “Islamic Republic of Pakistan.”

2)    Replacement of Governor-General:
The President was replaced by the Governor-General in the constitution of 1956.
3)    The Federal system of Government:
The powers were distributed between the Centre and the two provinces of Pakistan, namely, East Pakistan and West Pakistan under the Federal system of government.
4)    Islamic Way of Life:
It was ensured to provide all opportunities to the Muslims to lead their lives according to the teachings of Islam.
5)    Relation with the Muslim Countries:
The maintenance of close relations with the Muslim countries of the world was emphasized.
6)     Muslim head of the State:
The office of the Head of the State was restricted to Muslims.
7)    Amended laws against Islam:
Any existing law contrary to the principles of Islam was to be amended.
8)    Safeguard of Minorities’ Rights:
The rights of the non-Muslim minority were given due protection.
9)    National Languages:
Urdu and Bengali were declared as the national languages of Pakistan in the constitution of 1956.

Conclusion:
The constitution of 1956 is the first constitution of Pakistan after independence. It was the first constitution in which Pakistan was proclaimed officially as the Islamic Republic of Pakistan and the Islamic way of life was mandatory. The constitution of 1956 was given the outlook of a presidential system where the President was handed immense powers over the parliament. Although, it was the first constitution of the newly created Pakistan and many politicians tried to remedy it through sincere efforts but unfortunately, it had been started by politicians for their personal interests and could not work properly.

The President of Pakistan General Agha Muhammad Yahya Khan held free and fair elections in December 1970. The Awami League won the elections of 1970 based on the Six Points Agenda. Sheikh Mujib-ur-Rehman mounted pressure to establish his government while the Pakistan Peoples’ Party opposed it strongly. In the meantime, Sheikh Mujeeb-Ur- Rehman launched the Non-Cooperation Movement in the state. He also established a parallel government with the unlawful help of India and declared Bangladesh as an independent state. Moreover, No instant and effective operation could be done in East Pakistan because of the vast distance of land as well as disconnected air communication and non-cooperation of the local people. Eventually, India succeeded in achieving its objectives and East Pakistan appeared on the map of the world with the name of Bangladesh on 16 December 1971.

Causes of Separation of East Pakistan:
East Pakistan was the right-wing of the Federation of Pakistan. This wing separated in 1971 due to internal and external reasons. Thus, Pakistan was cut into two pieces. The causes of separation of East Pakistan are:
1.    Geographical Location of East and West Pakistan:
The East and West parts of Pakistan were at a distance of 1600 km and India was in between the two parts. This physical distance not only created many difficulties in defence of both the parts but also created the problem of the means of transport. India had never accepted the division of the subcontinent and the establishment of Pakistan. It took advantage of misunderstanding and started vicious propaganda against the people of West Pakistan to misguide the people of East Pakistan.
2.    The difference in the Social Structure:
The problems of the people of both provinces were different. The officers belonging to East Pakistan were more friendly and close to the people. They tried to solve the problems of their people. On the contrary, when these officers from West Pakistan were posted in East Pakistan, they had a different attitude towards the people of the East wing. They maintained a distance from the people, which created a sense of hatred against West Pakistan. The people of East Pakistan started feeling that they were not made real partners in the administration of the government.
3.    Martial Laws:
The imposition of Martial Laws created a sense of deprivation among the people of East Pakistan. General Muhammad Ayub Khan accused the politicians that they were responsible for the failure of the parliamentary system of government whereas the public leaders believed that Martial Laws were the real obstacle in the way of the establishment of a parliamentary system of government. Thus, democracy could not flourish in the country.
4.    Language Issue:
The issue of the Bengali language played a vital role in disintegrating national unity. Urdu was regarded as the National language of Pakistan, which was opposed by the people of East Pakistan. Therefore, the demonstration was held against the government and some Bengali students lost their lives, which created hatred against West Pakistan.
5.    Provincial Autonomy:
East Pakistan was one of the five units of Pakistan but politicians of East Pakistan demanded complete provincial autonomy. This demand was not accepted until India had attacked East Pakistan in 1971.
6.    Economic Deprivation and Propaganda
Sheikh Mujib-ur-Rehman, the leader of the Awami League Party in Bengal propagated that Bengalis were economically deprived and demanded a separate economic system for East Pakistan. He presented a six-point manifesto of the Awami League and started developing secret relations with India.
7.    International Conspiracies:
About 10 million Hindus were living in East Pakistan. India stood at the back of these Hindus to protect their interests. India wanted to separate East Pakistan to strengthen the economic position of the Hindus. Many Hindus acted as spies for India. Russia was against Pakistan because Pakistan had allowed America to establish military bases in Pakistan. America was also involved in these conspiracies. It was proved because when Israel supplied American manufactured armaments to India, America did not object to it. Therefore, the separation of East Pakistan was the secret agreement of big powers.
8.    Military Action in East Pakistan:
After the general elections of December 1970, the law and order situation in East Pakistan had deteriorated. Sheikh Mujeeb-ur-Rehman announced a revolt on 23 March 1971. Even the flags of Bangladesh were hoisted and people belonging to West Pakistan and Bihari were massacred. In these circumstances, it was decided to launch military action. This created hatred among Bengalis and they also started-armed struggle.
9.    India’s Attack:
India pretended the safety of its borders to invade thousands of terrorists of Mukti Bahni in East Pakistan. India also started attacks on the Pakistan Army. On December 3, 1971, the war between Pakistan and India began. Due to the lack of support of the local people and the poor arrangements of supply of men and material, Pakistani soldiers surrendered before the Indian army on December 16, 1971, whereas the cease-fire on the West Pakistan front was declared without launching a significant attack. On December 16, 1971, East Pakistan became an independent and free state of Bangladesh.

Conclusion:
The separation of East Pakistan was a great setback to Pakistan. By 1970, the sentiments for national unity had weakened in East Pakistan to the extent that constant conflict between the two Wings dramatically erupted into mass civil disorder, which led to major conflicts. Moreover, the lack of loyal leadership further aggravated the situation and no political solution was experimented to end the crisis. That had ended the united Pakistan and Pakistan was disintegrated into two wings.

Pakistan is a gift of Almighty Allah and it was established to protect the rights and interests of Muslims. Therefore, its ideological theory is based on Islam because Islam demands its followers to create a just society, the core purpose of which is to look after the welfare and betterment of the people who constitute that society.

Islamic pattern of state demands that the relationship between the individual and the organization should neither cause stress and oppression for the individual nor allow the government to exert its authority autocratically. Islam wants to create a political, social, and economic culture based on a complete balance between the objectives of the state and the aspirations of the citizens.

Therefore, its stability and prosperity is the joint responsibility of all the citizens of Pakistan. Anti-Pakistan elements are working to damage Pakistan and harm Muslims as a nation. Under the circumstances, the responsibilities of Pakistani citizens are manifold. ToToTokeep Pakistan strong and prosperous, Pakistanis should play an important such as:

Work hard in all the spheres of national development to make the country prosperous and economically independent.
Think yourself above ethnicity and regionalism.
Manifest our love and patriotism for Pakistan in word and deed.
Educate our younger generation and spread education in every nook and corner of the country.
Try to become self-reliant and avoid seeking loans and aids from others. This would be possible through dedicated hard work.
Establish a system of government based on social justice and eradicate corruption in all its forms.
Black marketing should be eliminated properly and black marketers should be severely punished.
Young people should eschew violence of thought, word, and action.

The Indo-Pak war in 1971 resulted in the fall of East Pakistan and the establishment of Bangladesh. General Yahya khan transferred the power to Zulfiqar Ali Bhutto who became the President and Chief Martial Law Administrator. After the separation of East Pakistan, the National Assembly formed a committee to draft a permanent constitution for the country on April 7, 1972. This comprised twenty-five elected members from all the major political parties. The committee was tasked with drafting a permanent constitution for the country. The constitution Bill was first moved in the Assembly on February 2, 1973. The opposition parties boycotted the Assembly session and after the long debates, the National Assembly adopted the Bill on 12 April 1973 and declared the constitution in the country on August 14, 1973.

Salient features of the 1973 Constitution:
The salient features of the 1973 Constitution are:
1.    Preamble:
The foundation of the constitution was laid on Objectives according to which sovereignty belongs to Allah Almighty.
2.    The Name of the State:
The state was named “The Islamic Republic of Pakistan” and Islam was made the official religion of the state.
3.    Definition of a Muslim:
The definition of a Muslim was made part of the constitution and it was said, “a person who has the implicit faith in the Oneness of Allah and in the Prophethood of Holy Prophet Hazrat Muhammad (PBUH) as the last Prophet of Allah will be considered a Muslim (Musalman).”

4.    Muslim President and Prime Minister:
According to the Constitutions of 1973, both the offices of the President and Prime Minister of Pakistan were restricted to Muslims only.
5.    Federal and Parliamentary form of Government:
Federal and parliamentary form of government was introduced. The Prime Minister has delegated wide powers and the authority of the President was curtailed. Practically, the President could not pass important orders without the concurrence of the Prime Minister.
6.    Bicameral legislature:
According to the 1973 constitution, a Parliament (bicameral legislature) consisting of two houses was established for the first time i.e. upper house and lower house. The Upper House is called the Senate and the Lower House is the National Assembly.
7.    Independent judiciary:
In order to protect the rights of the people, necessary safeguards were provided to ensure the independence of the judiciary.
8.     Islamic Ideological Council:
Islamic Ideological Council was set up to guide the government in connection with Islamic principles. This is a consultative body to recommend such measures to Federal and Provincial governments enabling Muslims to lead their lives according to Islamic principles. The Council should be constituted of the experts of Islamic Shari’ah and jurisprudence. In order to bring all laws, present and prospective, in conformity with Islam, the Council should provide guidelines and make recommendations to the legislative assemblies.
Conclusion:
The 1973 constitution Emphasized the establishment of a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam