ASSIGNMENT No.1Course: (4667) Political and Constitutional Development in Pakistan-I Semester: Autumn, 2022
ASSIGNMENT No. 1
Course: Political and
Constitutional Development in Pakistan-I (4667)
Semester: Autumn, 2022
Q.1 Critically analyze the circumstances that created the language
problem in Pakistan. How this problem was tackled? Discuss in detail.
ANSWER:
The language issue has been one of the most
contentious issues in the political, legal and constitutional history of
Pakistan since its inception. Particularly Bengalis and Sindhis have been very
conscious, sensitive and proud about their languages. And they have enough
reasons to be so as, according to noted linguist and historian Dr Tarique
Rahman, when Urdu and Hindi were being promoted under the state patronage in
the Indian subcontinent, the two languages that faced the onslaught
successfully were Bengali and Sindhi.
There is no denying the fact that it was the
language issue in East Bengal that ultimately led to the breakup of Pakistan.
Recently demands for the recognition and promotion of Punjabi language have
started becoming vociferous.
So it is time the all - important issue of
language is addressed with due care and importance and the status of different
languages be recognised in accordance with historical facts and universal
standards.
The perception of Urdu being the national language and
'others' being regional languages needs to be changed. One may ask as which
nation Urdu is the national language of? If the answer is Pakistani nation,
then another important question comes to the mind what happened to the idea of
'Muslim nation'? If this is the country of Muslim nation, then Arabic, not
Urdu, should be the national language. So it makes things very complex. The
simple and factual position is that Pakistan is not a nation but a multi -
national country consisting of Sindhi, Baloch, Pakhtoon, Punjabi and Seraiki
nations. Hence the languages of these constituent units/nations (using the
termnology of 1940 resolution) should be recognised as the national languages
while Urdu may be considered as the lingua franca.
As far as Sindhi is concerned, many Sindhis feel offended
when their language is called a' regional language'. Isn't it an irony that in
India Sindhi is recognised as one of the national languages but in Pakistan,
for whose creation the Sindh Assembly passed the resolution, it is relegated to
the status of 'regional language' or 'other language'?
On the question of romanising Sindhi, I agree with Mr.
Nizamani's view that Sindhi should continue to be written in Arabic script. But
at the same time I would suggest that we should not close the doors for a
healthy debate and the windows for new ideas.
However I vehemently disagree with Mr Nizamani that
religion happens to be the lasting force behind the development of a language.
Can anyone say that Bengalis are the Muslims of lesser degree despite the fact
that their language is not written in the Arabic script?
Similar is the case with the Sindhi language. No one can
say that the role of those Sindhis belonging to Hindu religion in the progress
and promotion of Sindhi language is, in any case, inferior to that of any other
Sindhi? In fact without the services of scholars like Dr Gurbakhshani and
Bherumal Mehrchand Advani, the Sindhi language would not have been what it is
today.
The Bengali language movement was a
political movement in former East Bengal (renamed East Pakistan in 1952)
advocating the recognition of the Bengali language as
an official
language of the then-Dominion
of Pakistan in order to allow its use in government affairs,
the continuation of its use as a medium of education, its use in media,
currency and stamps, and to maintain its writing in the Bengali script.
When the Dominion of Pakistan was formed after the
separation of the Indian subcontinent in 1947 when the British left, it was
composed of various ethnic and linguistic groups, with the geographically
non-contiguous East Bengal province having a mainly Bengali population. In
1948, the Government of the Dominion of Pakistan ordained as part
of Islamization and Arabization of East Pakistan or East Bengal that Urdu will be the sole national language,
alternately Bengali writing in Arabic script or Roman script (Romanisation
of Bengali) or Arabic as the state
language of the whole of Pakistan was also proposed,[4][5][6][7][3] sparking
extensive protests among the Bengali-speaking majority of East Bengal. Facing
rising sectarian tensions and mass discontent with the new law, the government
outlawed public meetings and rallies. The students of the University
of Dhaka and other political activists defied the law and
organised a protest on 21 February 1952. The movement reached its climax when
police killed student demonstrators on that day. The deaths provoked widespread
civil unrest. After years of conflict, the central government relented and
granted official status to the Bengali language in 1956.
The Language Movement catalysed the assertion of Bengali
national identity in East Bengal and later East Pakistan, and became a
forerunner to Bengali nationalist movements, including the 6-Point Movement and
subsequently the Bangladesh
Liberation War and the Bengali Language Implementation Act, 1987. In Bangladesh, 21
February (Ekushey February) is observed as Language
Movement Day, a national holiday. The Shaheed
Minar monument was constructed near Dhaka Medical College in
memory of the movement and its victims. In 1999, UNESCO declared 21
February as International Mother Language Day, in tribute to the
Language Movement and the ethno-linguistic rights of people around the world.
Q.2 Define the process of formation of first constituent assembly of
Pakistan and analyze the functions of this assembly during 1947-1954.
Answer:
The First Constituent Assembly of Pakistan came into
existence under the Indian Independence Act 1947, at the time of independence.
Its roots went back to 1946 when elections for the constituent assembly of
United India were held to decide the destiny of the All India Muslim League.
The first meeting of the constituent assembly of united India was held on 19th December
1946, but Muslim League boycotted it since they demanded a separate constituent
assembly for Pakistan. With the acceptance of the 3rd June
plan, a separate constituent assembly was formulated for Pakistan.
The inaugural session of the first constituent assembly
of Pakistan was held in Karachi in August 1947. Mr. J.N. Mandal was elected as
temporary chairman of the Constituent Assembly of Pakistan. Subsequently,
Jinnah was elected as the president of the Constituent Assembly of Pakistan, on
11th August 1947 and Maulvi Tamizuddin Khan as its Deputy
President. The Constituent Assembly of Pakistan functioned from 1947 to 1954
and involved two major parties—the Muslim League representing all Muslims
except for a few and The Congress Party representing the twelve million Hindus
in Pakistan.
There were 69 members in the constituent assembly; this
number was increased to 79 later to give representation to princely states and
refugees. The mode of elections was based on separate electorates. There was a
clear majority of Muslim League in the Constituent Assembly of Pakistan, with
60 members out of the total 79. The second major party was Pakistan National
Congress with 11 members; and the third party was the Azad Group with 3
members, a number which later decreased to 1. The Constituent Assembly of
Pakistan was not able to work properly because its seats remained empty and
some members migrated to India. Members of the Constituent Assembly of Pakistan
were simultaneously allowed to take seats of Provincial assembly or they can be
Chief Ministers or members of Central or Provincial Cabinet.
Under the Indian Independence Act Constituent Assembly of
Pakistan was given two tasks – to prepare a Constitution and to act as the
federal legislature. The functions of the central legislature under the
Government of India Act 1935 were granted to the Constituent Assembly. As a
constitution-making body, it was completely independent. The Constituent
Assembly of Pakistan could amend the independence act by a simple majority and
pass laws; moreover, no law could be made without its approval. Every bill that
was passed needed to be signed by the President of the Constituent Assembly of
Pakistan.
Though there was no opposition in the Constituent
Assembly there were groups that were critical of the League. On the left was
Iftikharuddin a former congressman and a communist. On right were the religious
critics like Maulana Shabir Ahmad Osmani.
The first constituent assembly set up several committees
to carry out its tasks. Most important of these was the Basic Principles
Committee; it was assigned the task to report per the Objectives Resolution on
the main principles by which the constitution of Pakistan was to be framed.
Basic Principles Committee set up three sub-committees and a special committee
named Talimaat-i-Islamia which
consisted of scholars to advise on the religious matters arising out of
Objectives Resolution. Basic Principles Committee submitted its interim report
in September 1950 and the final report in December 1952.
Another important committee of the Constituent Assembly
was on the ‘Fundamental Rights of the Citizens of Pakistan’ and on ‘Matters
Relating to Minorities’. It divided itself into two sections, one dealing with
fundamental rights and the other with matters relating to minorities. The
interim report of this committee was adopted by Constituent Assembly in 1950
and the final report in 1954.
Other committees of the constituent assembly were the
State Negotiating Committee, which dealt with the question of representation of
princely states, and the Tribal Areas Negotiating Committee, dealing with
matters related to tribal areas.
The progress of the first Constituent Assembly of
Pakistan can be summed up as follows:
- 12 March
1949 – Objectives Resolution passed by the Constituent Assembly on aims
and objectives of the future constitution. This report was well received
by the citizens of Pakistan.
- 7
September 1950 – the interim report of the Basic Principles Committee was
presented to the constituent assembly. This step however marked the
beginning of the decline in the popularity of the Constituent Assembly of Pakistan.
This report was criticized mainly by East Pakistan.
- 6 October
1950 – interim report of the Committee on Fundamental Rights of the
Citizens of Pakistan matters relating to Minorities was adopted by
Constituent Assembly of Pakistan. This report got a comparatively better
response.
- 22
December 1952 – the final report of the Basic Principles Committee was
presented. This report was also criticized, because of opposition in
Punjab.
- 7 October
1953 – Constitutional impasse was over and formation of the federal
legislature was resolved by the ‘Muhammad Ali Formula’. This report was
widely welcomed and helped the Constituent Assembly regain popularity.
- 21
September 1954 – the Basic Principles Committees’ revised Report was
approved by the Constituent Assembly of Pakistan.
The final sketch of the
constitution was prepared and the Constituent Assembly was near to the
completion of its purpose. But at this point, the Constituent Assembly was
suspended by Governor-General Ghulam Muhammad, on 24th October
1954. He stated that the Constituent Assembly had lost the confidence of the
people; this ruined the efforts of the first Constituent Assembly of Pakistan
which had been working towards formulating a viable constitution for seven
years.
Q.3 Discuss the reasons of unification of West Pakistan. How this
unification was approved from different Provincial Assemblies? Explain in
detail.
Answer:
Even after eight years of existence, Pakistan was without
a constitution. The main reason was believed to be the fact that there were two
unequal wings of Pakistan separated from each other by more than a thousand
miles. To diminish the differences between the two regions, the Government of
Pakistan decided that all the four provinces and states of West Pakistan should
be merged into one unit.
To this end, Prime Minister Muhammad Ali made the first
official announcement on November 22, 1954, enumerating the benefits of having
one unit or province. On September 30, 1955, the Assembly passed the bill
merging 310,000 square miles into a single province, with Lahore as its
provincial capital. West Pakistan had formerly comprised three Governor’s
provinces, one Chief Commissioner’s province, a number of states that had
acceded to Pakistan, and the tribal areas. Geographically, they formed a
homogenous block with easy communication, but with marked linguistic and ethnic
distinctions. The result of the new bill was to unify these various units into
one province to be known as West Pakistan.
The Bill was hailed as a measure of administrative
rationalization as it was likely to reduce the administrative expenditure. It
was claimed that one unit of West Pakistan would eliminate the curse of
provincial prejudices. The problem of representation of various units in the
proposed Federal Legislature had been a big hurdle in the way of making a
Constitution and it was said that with the removal of this hurdle, the
formation of the Constitution would now speed up.
Dr. Khan Sahib was appointed as the first Chief Minister
of the One Unit, while Mushtaq Ahmad Gurmani was appointed as the first
Governor of West Pakistan. Dr. Khan Sahib’s Ministry, however, came to an end
when the President himself took over the administration. Subsequently, Sardar
Abdur Rashid and Muzzaffar Ali Qazilbash were appointed Chief Ministers of that
province in succession.
While the One Unit scheme in West Pakistan could be
supported on various grounds, the method of its establishment was not free from
criticism. The government wanted to introduce the One Unit Scheme by an
executive decree, which it could not do. So the Central Government dismissed
the Ministry in Punjab, Sindh and N. W. F. P. One Unit continued until General
Yahya Khan dissolved it on July 1, 1970.
This follows 44 Pakistan Muslim League-Quaid
(PML-Q) ministers of the provincial assembly (MPAs) seeking
separate seats in the
Punjab Assembly in a meeting with the assembly’s speaker earlier
last week.
The breakaway group of the PML-Q sides with the
treasury in the assembly and has sought the speaker’s approval to sit
on separate seats.
The group, which claims to have over 40 members
on board, has chosen Tahir Ali Javed, a former provincial health minister
as their leader.
The move came after the ruling PML-N felt the
need to strengthen the treasury in case the coalition PPP partners decide to
quit the government.
Political observers feel that if this
group decides to side with the treasury, a prolonged legal battle on who really
represents PML-Q may ensue.
Q.4 What were the reasons of collapse of the Parliamentary system in
Pakistan during the 1956-1958? Whether this collapse created the way for
military rule. Discuss in detail.
Answer:
The parliamentary system outlined in the 1956
constitution required disciplined political parties, which did not exist. The
Muslim League--the one political party that had appeared capable of developing
into a national democratic party--continued to decline in prestige. In West
Pakistan, Sindh and the North-West Frontier Province resented the political and
economic dominance accorded Punjab and were hostile to the "One Unit
Plan" introduced by the Constituent Assembly the year before. The One Unit
Plan merged the western provinces of Balochistan, the NorthWest Frontier
Province, Punjab, and Sindh into a single administrative unit named West
Pakistan, which in the new Legislative Assembly was to have parity with the
more populous province of East Pakistan.
In 1956 Suhrawardy formed a coalition cabinet at the
center that included the Awami League and the newly formed Republican Party of
the West Wing, which had broken off from the Muslim League. Suhrawardy was
highly respected in East Pakistan, but he had no measurable political strength
in West Pakistan. By taking a strong position in favor of the One Unit Plan, he
lost support in Sindh, the North-West Frontier Province, and Balochistan.
Societal violence and ethnic unrest further complicated
the growth and functioning of parliamentary government. In West Pakistan, chief
minister Khan Sahib was assassinated. In the North-West Frontier Province, Khan
Sahib's brother, Khan Abdul Ghaffar Khan, of the National Awami Party, turned
his back on national politics and said he would work for the attainment of a
separate homeland for the Pakhtuns. And in Balochistan, the khan of Kalat again
declared his independence, but the Pakistan Army restored Pakistani control.
On October 7, 1958, President Mirza, with the support of
the army, suspended the 1956 constitution, imposed martial law, and canceled
the elections scheduled for January 1959. Mirza was also supported by the civil
service bureaucracy, which harbored deep suspicions of politicians.
Nonetheless, on October 27 Mirza was ousted and sent into lifetime exile in
London. General Ayub Khan, the army commander in chief, assumed control of a
military government.
Democracy failed exceptionally
quickly after independence because Pakistan possessed a weak and fragmented
political party that was unable to resolve key governing conflicts. In the wake
of intensifying political instability, the civilian bureaucracy and military
assumed governing power in 1958. Since its independence, Pakistan's democratic
system has fluctuated between civilian and military governments at various
times throughout its political history; mainly due to political instability,
civil-military conflicts, political corruption, and the periodic blows against
the state by the military establishment against weak civilian governments,
resulting in the enforcement of Martial Law across the country (occurring in
1958, 1977 and 1999, and led by Chief Martial Law Administrator-Generals Ayub
Khan, Zia-ul-Haq and Pervez Musharraf respectively).
Democracy in Pakistan, however,
imperfect has never been allowed to function. Until 2013, Pakistan did not
experience even one democratic transfer of power from one democratically
elected government that had completed its tenure, to another. All of its
previous democratic transitions have been aborted by military coups.
Pakistan has been ruled by both
democratic and military governments. The first decade was marred with political
unrest and instability, with frequent collapses of civilian democratic
governments that eventually led to the 1958 military coup. Since 1947 till
present, Pakistan has been governed by several of both right-wing conservative
governments and left-wing socialistic oriented governments, while neither
far-right nor far-left had failed to achieve enough majority to claim the
exclusive mandate.
From 1947 to 1958 as many as seven
Prime Ministers of Pakistan either resigned or were ousted. This political
instability paved the way for Pakistan’s first military take over. On October
7, 1958 Pakistan’s civilian and first President Iskander Mirza in collaboration
with General Mohammad Ayub Khan abrogated Pakistan’s constitution and declared
Martial Law. General Ayub Khan was the president from 1958 to 1969, and General
Yahya Khan from 1969 to 1971; while the Chief Justice Habib Khan Marvath was
elected first Chairman Senate of Pakistan.
Civilian yet socialist-oriented
autocratic rule continued from 1972 to 1977 under Zulfikar Ali Bhutto, but he
was deposed by General Zia-Ul-Haq. General Zia was killed in a plane crash in 1988,
after which Benazir Bhutto, daughter of Zulfikar Ali Bhutto, was elected as the
Prime Minister of Pakistan. She was the youngest woman ever to be elected the
Head of Government and the first woman to be elected as the Head of Government
of a Muslim country. Her government was followed by that of Nawaz Sharif, and
the two leaders alternated until the military coup by General Pervez Musharraf
in 1999. From the resignation of President Rafiq Tarar in 2001, to his own
resignation in 2008, Musharraf was the President of Pakistan. In 2008, Asif Ali
Zardari was elected president and the current president is Mamnoon Hussain
elected in 2013.
Officially a federal republic,
Pakistan has had a long history of alternating periods of electoral democracy
and authoritarian military government. However, a majority of Pakistan's Heads
of the State and Heads of the Government have been elected civilian leaders.
Q.5 Critically analyze the causes of the delay of constitution making
process in Pakistan during 1947-1956.
Answer:
British partitioned India into two
independent states of Pakistan and India on 14-15th August 1947 in light of
the Indian Independence Act 1947.
The act provided the new states would adopt the Government of India Act, 1935 as
an interim constitution until they framed their own.
India managed to frame and promulgate its own
constitution in 1950, within three years of the independence. On the contrary,
it took nine long years for Pakistan to adopt and enforce its
constitution.
The main factors responsible for this long delay
in the constitution-making of Pakistan were as follows:
Immediate problems
With its establishment, Pakistan had to face
more pressing issues that required immediate redressal. The immediate problems
included an influx of refugees, canal water dispute, Kashmir war, India’s
denial in giving Pakistan’s share of financial and military assets, etc.
1. Refugee problem
With Partition, millions of Muslim refugees
flooded into Pakistan to escape the ruthless persecution and massacre in
different parts of India. Their accommodation, shelter, clothing, food,
medication had to be ensured before long-term measures were taken for their
permanent settlement.
2. Canal water dispute
On April 1, 1948, India blocked river water
coming from Kashmir through Indian territory. This act of India put the very
survival of Pakistan in Jeopardy as it would damage the agriculture of
Pakistan.
3. India’s denial to give Pakistan’s share of financial and military
assets.
When Pakistan came into being, it had a
crippled economy and vulnerable security. To make things even worse, India
did not give an agreed share of Pakistan’s military and financial assets.
These and similar other immediate problems left little time and energy to work
on framing a new constitution for Pakistan.
Issues other than Immediate problems
Death of Quaid e Azam
The death of Quaid –i-Azam was one of the
reasons for the delay in the constitution-making. Quaid had given an outline
for the country’s future constitution while addressing the first constituent
assembly of Pakistan on August 11, 1947. But he died on September 11, 1948,
before he could give a constitution to his people.
Had he lived longer, he would have resolved
the constitutional dilemma by using his leadership and non-controversial
status.
Disagreement over Parity of Representation
The first move towards the
constitution-making of Pakistan was the passage of the Objectives Resolution by
the Constituent Assembly on 12 March 1949. After it passed the resolution, the
assembly delegated the task of drawing basic principles to a committee called
the Basic Principles Committee, in light of the set objectives for future
constitution-making.
The Basic Principles Committee presented its
first Report on September 28, 1950, which recommended parity of representation
in the central Assembly. The proposal of this principle of parity at the center
created controversy as the assembly members from East Pakistan opposed
it. They were of the view that their representation should be more
as they were a majority (56% of the total population) in the new state.
In contrast to what East Pakistan
representatives felt, the West Pakistani politicians did not want a dominant
East Pakistan in the central Assembly. Consequently, no agreement was reached
and the constitution-making process was delayed.
Language issue
Another proposal the Basic Principles
Committee had incorporated in its report was to declare Urdu the national
language of Pakistan. Urdu as the national language was also opposed by East
Pakistani members of the assembly. They demanded to make Bengali the national
language since it was the language of the majority of people. Thus, language
controversy along with the issue of representation at the center caused a type
of deadlock in constitution-making in the country.
Political Rivalry and Corruption
After the sad demise of the Quaid, Muslim
League fell victim to intrigue and disunity. Intense internal strife and
selfishness brought about disintegration in the party. Party fell into the
hands of opportunists who resorted to undemocratic ways and means, indulging in
political mischief and intrigue. Consequently, little attention was paid to
constitution-making.
Increasing Influence of West Pakistan dominated
Bureaucracy and military
With the death of Prime Minister Liaquat Ali
Khan, bureaucrats made inroads to the power corridors. A bureaucrat, Ghulam
Muhammad was made the Governor-General who did not hesitate to dismiss elected
prime ministers, the constituent assembly thus also paving the path for retired
and in-service military personnel in the politics. He made Sikandar Mirza, a
retired General as Governor-General, appointed Ayub Khan, the Commandant in
Chief of the Armed forces as defense minister.
West Pakistani politicians, bureaucrats, and
generals did not want to give East Pakistan their due political and democratic
rights. Hence, any proposals made concerning the constitution seemed to go
against the wishes and expectations of East Pakistan creating a tussle in the
constituent assembly.
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