ASSIGNMENT No.1 Course:(4668) Political and Constitutional Development in Pakistan-II Semester: Autumn, 2022
ASSIGNMENT No. 1
Course: Political and Constitutional
Development in Pakistan-II (4668)
Semester: Autumn, 2022
Question.1 : Critically analyze the political
scenario in Pakistan during the General Elections 1970
Answer:
After
becoming the President of Pakistan in 1969 General Yahya Khan announced that
very soon the free elections would be held in Pakistan on an adult franchise
and party basis to establish a democratic government in the country. For that
purpose, a three-member Election Commission was formed under the chairmanship
of Justice Abdus Sattar as the Chief Election Commissioner.
The
electoral rolls were printed both in Bengali and Urdu for East and West
Pakistan respectively. The elections which were initially due on 5 October 1970
for the National Assembly and on 19 October for the provincial assemblies were
postponed till December of the same year because of the severe monsoon floods
in the eastern wing in August. The new dates announced were 7 and 17 December
1970. Still, elections for nine seats of the National Assembly and eighteen for
provincial assemblies in East Pakistan were held next year on 17 January 1971
because of a cyclone. From 1 January 1970, the political parties were allowed
to start campaigning. A total of twenty-four political parties participated in
the elections. Mainly there were two types of parties, religious and secular.
The
religious parties included the convention Muslim League, Qayyum Muslim League,
Pakistan Muslim League, Pakistan Democratic Party, Jamiat-ul-Ulama-e-Islam,
Jamiat-ul-Ulama-e-Pakistan, and Jamiat-e-Islam Party among many others. These
religious parties called for the Islamization of the country. Despite having a
common attitude they differed on certain points from one another and could not
unite on a single platform.
The
regime of Yahya Khan was supporting the religious parties for their
conservative stance that seemed to uphold a strong central government. Among
the secular parties, the two most prominent and popular political parties that
received immense public support from the masses were the Pakistan Peoples Party
being led by Zulfiqar Ali Bhutto and the Awami League of Sheikh
Mujib-ur-Rehman. Their prime focus was on economic issues. Both Bhutto and
Mujib possessed extraordinary and charismatic appeals in their personalities
for people of all ages and professions. However, the popularity of Bhutto and
Mujib was restricted within West Pakistan and East Pakistan respectively.
The
East Pakistan Student League played a major role in promoting the AL party
program to educational institutions. It was based on the Six-Points Formula
that the AL not only got support from the east wing Bengalis but also received
generous funds from their Bengali brothers living abroad. The AL pronounced a
system for abolishing jagirdari, zamindari, and sardari system.
Like AL, PPP also became popular mainly because of Bhutto and remained
restricted to its region, West Pakistan, mainly provinces of Sindh and Punjab
with its widespread appeal of Islamic Socialism. It was a modified type of
Socialism with Islamic traits.
The
PPP was also a great advocate of the Kashmir cause, unlike AL. With a slogan
of roti,
kapra or makan Bhutto promised economic prosperity to the
nation and amassed commoners under the PPP’s flag.
Drastic
differences between the two leading political parties became even more obvious
and their regional outlook became prominent with the election campaign. The
Awami League popularized its Six-Points and declared that at the cost of the
eastern wing’s products the western wing was prospering but was depriving them
of their due share. They argued that Bengal was being treated as a “colony” of
the west wing. The PPP, on the other hand, was emphasizing on economic problems
of the whole country but at the same time, it closed down its branch in East
Pakistan and thus proved itself to be the representative of only the West
Pakistanis.
It
was decided in the Legal Framework Order of 1970 that the National Assembly of
Pakistan will consist of 313 seats with 13 seats reserved for women. Out of
these 313, 169 seats were reserved for East Pakistan, 85 for Punjab, 28 for
Sindh, 19 for NWFP, 5 for Baluchistan, and 7 seats were allotted to the tribal
areas. It was decided that the East Pakistan provincial assembly will have 400
members, Punjab 186, Sindh 62, Baluchistan 21, and NWFP will have 42 members.
The elections were held peacefully and 60 percent of registered voters cast
their votes.
The results, however, brought dire changes in the political setup
of the country. The religious parties were washed up because the public was
more concerned with their economic problems. The results also confirmed the
provincialism of Pakistan politics. The two major winners were the Pakistan
Peoples Party (PPP) and the Awami League (AL). The AL secured 160 seats of the
National Assembly out of which only seven candidates belonged to West Pakistan.
However, the AL could not win a single provincial assembly seat from any of the
west wing provinces. The PPP won got 81 seats out of 130 allotted to the
western wing but achieved no seat from East Pakistan.
According to the LFO, the National Assembly was responsible for
making a constitution within 120 days before government power was liable to be
transferred to the elected members. But unfortunately, both Bhutto and Mujib
failed to maintain the unity of Western and Eastern wings; they couldn’t do away
with the huge differences over the Six-Point formula that led to the tragic
division of the country with the result that a separate sovereign state of
Bangla Desh emerged on the globe.
Q.2 Elaborate
the circumstances that led to the separation of East Pakistan.
Pakistan
was created on 14 August 1947 and as a new country it was a different example
in front of the world. First of all it was divided into two part and these two
parts were separated from each other by enemy territory. Furthermore, there
were many other differences between the two parts of Pakistan.
Pakistan
was created on the basis of an ideology. However, many scholars believe that we
lost this ideology when we lost more than half of our population in 1971. There
are many reasons behind the separation of East Pakistan and creation of
Bangladesh. Even at the time of independence many political leaders had argued
that should Bengal become a part of Pakistan or should it be made a separate
Muslim country like Pakistan?
Following
are some reasons behind the division of Pakistan and creation of Bangladesh;
Population
distribution:
At
the time of independence Pakistan had around 70 million people in both parts of
the country. Out of them more than 55% were living in East Bengal. Pakistan had
5 provinces in total at that time. The remaining 45% population was living in
the other four provinces. Then all the people living in Bengal were Bengalis.
On the other hand the remaining population was divided into four major types of
people and multiple sub groups. The first problem which arose between the
people of East Bengal and other Pakistanis was on the issue of national
language. Urdu was chosen as the national language and on the contrary Bengalis
were asking the government to make Bengali the national language of Pakistan.
This issue was resolved in the first constitution when both languages were made
the national languages under the constitution of 1956.
Then
their majority was falsely decreased and was brought to the level of West
Pakistan. This was done in 1955 when parity formula or one unit plan was
introduced. In it all the provinces in Western Pakistan were united together to
form one province called West Pakistan. The main purpose of this plan was to
bring East Bengal on the equal level and to deny the majority it had. Although
this plan was implemented but the people of East Pakistan or Bengal never
forgot the mistreatment of the ruling elite.
Representation
in army:
Pakistan
army had a very few people from East Bengal. More than 85% of Pakistan army
consisted on the people from two provinces Punjab and N.W.F.P. People of Bengal
hardly had any respectable share in national army. This led to the rise of
sense of deprivation in the hearts and minds of the people of East Bengal.
After eleven years of the establishment of Pakistan martial law regime took
over the country. Again like first 11 years Bengalis had no role to play in the
new politics of Pakistan because of their representation in the army.
Representation
in Government:
Like
army the people of East Bengal were poorly represented in important offices of
government. The cabinet and other advisors of the government were from the West
side of the country. Also the power to make any decision was not in the hands
of the East Bengalis.
Flight
of money from East to West Pakistan:
East
Pakistan was the largest supplier of Jute in the world. Other than that many
crops of East Pakistan had high demand across the world. Bengal was the first
province that East India Company captured. The main reason for their presence
was the economic potential of Bengal. They stayed there and spread to other
areas of India from here. Since the British rule Bengal was the center of all
the major economic activity of sub-continent.
After
the independence of Pakistan in 1947 East Bengal still had the economic value.
The main grievance of the people of East Pakistan was not that the Federal
Government is earning money from there but the Government was not giving
anything back. All the development was taking place in West Pakistan while the
East side was growing frustration.
The
new capital Islamabad was built with the money of East Pakistan or with the
major contribution from East.
Six
Points of Sheikh Mujibur Rehman:
The
political direction of East Pakistan started to deviate from pro Pakistan
towards Bengali nationalism as early as 1948. The address of Jinnah in Dhaka in
which he declared that Urdu would be the national language of Pakistan was not
taken lightly. Agitations started immediately after the speech. Since then
Muslim League started to lose popularity. In these circumstances a nationalist
party Awami League attracted the inhabitants of East Pakistan by promising them
the rights which the government of Pakistan was not giving them.
Sheikh
Mujib gained popularity in short time and established himself as the savior of
his people. He was able to reach the apex of his political career after he
presented his famous six points, which are as under;
1.
Both sides of Pakistan should have their own currency. (The reason behind this
point was that they believed that due to the West Pakistan the currency does
not have value in international market. By separating currency they wished to
safe themselves from the impact of slow and weak economy of West Pakistan).
2.
The provinces should have full power to collect and set taxes within their
jurisdiction. The provinces will pay the due share to the federal government.
(This point suggests that they wanted to keep the money with themselves which
seems right as well. This way they can develop their part of the country which
they think is behind the pace of development of West.)
3.
Both sides should have their own paramilitary forces. (There was a strong
believe that East Pakistan is very venerable compared to West Pakistan. Another
reason was that majority of the army personals were from West Pakistan so there
should be parity in this regard.)
4.
A directly elected government should be installed at the center and allowed to
work properly.
5.
Each part should be allowed to make their own trade agreements. (The Federal
Government was getting all the profits made through the trade East Pakistan.
This point says that now the money would stay in the province.)
6.
Federal Government should only control defense and foreign relations. All the
other subjects should be given to the province
The
nature of these six points suggest that the people who have asked these points
do not wish to stay with Pakistan any more.
Elections
of 1970:
The
first general elections were finally conducted in 1970 December under the LFO
issued by Yahiya Khan. According to this ordinance the One Unit Plan was
abolished and total number of seats was 300. West Pakistan was allocated 138
seats and East Pakistan was allocated 162 seats. The results of elections were
very unique. Awami League won 161 seats in total but all of them were in
East Bengal (Pakistan). They were unable to secure a single seat in the Western
part. On the other hand the second largest party was Pakistan People’s Party
and they were able to secure 81 seats in total and all of these seats were
located in four provinces of West Pakistan. PPP was completely rejected in
Bengal.
According
to the rules of democracy it was the right of Awami League to form the
government because of their clear majority in the parliament. However the
demography of the election results can easily confuse any one. The people of
both sides have rejected each other. The verdict of the people is very clear
that they reject the other part. The political parties of the East were unable
to attract the people of west and vice versa.
Yahiya
Khan thought that he has done his job and now it’s the politicians turn to form
the government and serve the country and its people. He was wrong. He did not
see the divide and its impact. Bhutto the leader of PPP said that he has the
right to form the government because he was won seats in four out of five
provinces of Pakistan. On the other hand, Awami League said that they have
clear majority so they should be asked to form the government.
Yahiya
Khan announced that the first session of the national assembly would be
conducted in Dhaka in March 1971. Unfortunately, some days earlier this session
he postponed it till further notice.
This
proved to be the last nail in the coffin. The people of East Bengal started to
agitate against this decision and full riots started in Bengal. Army was called
and suppression on great scale was launched. Now it was too late the Bengalis
were not willing to surrender. Finally on 16th December the East Pakistan
became Bangladesh and the Pakistan lost most of its population.
Q.3 Critically
evaluate the efforts for achieving consensus for 1973 constitution.
Shaheed
Zulfikar Ali Bhutto’s first achievement after coming into power was the
preparation of a Constitution for the country. The most prominent
characteristic of this Constitution was that it accommodated proposals from the
opposition parties and hence almost all the major political parties of the
country accepted it. The National Assembly approved the 1973 Constitution on
April 10, 1973, and it came into effect on August 14. Shaheed Zulfikar Ali
Bhutto took over as the Prime Minister of Pakistan from this date and Fazal
Ilahi Chaudhry was appointed as the President of Pakistan.
The
Constitution of 1973 opens with a Preamble. This is the preliminary part of the
Constitution in which broad features of the Constitution have been explained.
The first Article of the Constitution declares Pakistan as a Federal Republic
to be known as the Islamic Republic of Pakistan. Islam was declared as the
State religion of Pakistan. Pakistan was to be a Federation of four federating
Units, Punjab, Sindh, N. W. F. P. and Baluchistan.
The
Constitution was parliamentary in nature. Article 41 of the Constitution lay
down that the President was to be the Head of the State. The President was to
be a Muslim above 45 years of age and was to be elected by a joint sitting of
members of the Parliament for 5 years. He could be re-elected but could not
hold office for more than two terms. The President was to act on the advice of
the Prime Minister of Pakistan. The President could be removed on the grounds
of physical or mental incapacity or impeached on charges of violating the
Constitution or gross misconduct. The President was authorized to appoint the
Attorney General, Judges of Supreme Court and High Courts, and the Chief
Election Commissioners. In the Provincial Government, each province was to have
a Governor appointed by the President. The appointment of Federal Ministers and
Ministers of the State from amongst the members of the Parliament was at the
Prime Minister’s disposal.
The
1973 Constitution set up a bicameral legislature at the Center consisting of
two Houses, the National Assembly and the Senate. The National Assembly
consisted of 200 seats elected directly for duration of five years. The
President on the advice of the Prime Minister could dissolve the National
Assembly. The Senate was to consist of 63 members; each province was to elect
14 members. In the Provincial Government, each province will have a Governor
appointed by the President. The Provincial Assembly for each province consisted
of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N. W. F. P., and
40 seats for Baluchistan.
The
1973 Constitution provided a free and independent Judiciary. The Constitution
guaranteed a right to the citizens; to be protected by law, and imposed two
duties on them, loyalty to the Republic and obedience to the law. Any person
who was found to abrogate or attempt or conspire to abrogate or subvert the
Constitution was to be treated guilty of high treason. The Constitution
conferred several kinds of fundamental rights to the people such as the right
to life, liberty, equality and freedom of speech, trade and association. The
Constitution also declared the laws inconsistent with or in derogatory to
fundamental rights as null and void.
In
light of the previous experience, the Constitution of 1973 was more Islamic in
character than the previous ones. Emphasis was made to establish 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. The Islamic Advisory Council was set up to recommend ways and means to
bring existing laws of the country in conformity with the Islamic principles.
The
Constitution of 1973 remained in force for nearly four years. It was, however,
suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the
country on July 5, 1979. However, General Muhammad Zia-ul-Haq who ran the
country with Martial Law passed the Eighth Amendment in the Constitution in
1985. This Amendment empowered the President to dissolve the National Assembly
under Article 58(2) b. This Article was later repealed by the Parliament during
Nawaz Sharif’s era through Thirteenth Amendment introduced on April 1, 1997.
The Thirteenth Amendment was in turn repealed by the Legal Framework Order of
2002, which effectively restored the discretionary powers of the President
enacted by the Eighth Amendment.
1973
Constitution…
On
7th April, 1972 the national assembly of Pakistan appointed a committee to
prepare a draft of the permanent constitution of Pakistan. A bill to provide a
constitution was introduced by the committee in the Assembly on February2,
1973. The Assembly passed the bill on 10th April, 1973 and at last the
constitution came into force on 14th August 1973.
The
present constitution (1973) provides for the protection and preservation of
Islamic Concept of life. It also attempts to propagate and implement the basic
teachings of Islam.
Islamic
Provisions of 1973 Constitution
The
following are the Islamic provisions of 1973 constitution based on the
principles of Holy Qur’an and Sunnah.
Official
Name
Pakistan
shall be known as “Islamic Republic of Pakistan.”
State
Religion
Islam
shall be the state religion of Pakistan.
Sovereignty
Belongs to Allah
Sovereignty
over the entire Universe belongs to Almighty Allah and the authority bestowed
by him on men is a sacred trust which the people of Pakistan will exercise with
the limits prescribed by Qur’an and Sunnah.
Definition
of a Muslim
The
constitution also gives the definition of a Muslim. A person who believes in
Tauheed or Oneness of Allah, and in the prophet hood of Hazrat Mohammad
(P.B.U.H) as the last prophet of Allah has described as a Muslim.
A
Muslim to be a President and Prime Minister
The
constitution laid down that only Muslims shall be elected President and Prime
Minister of Pakistan. Non non-Muslim could hold these offices.
Islamic
Way of life
Steps
shall be given to enable the Muslims of Pakistan to order their lives in
accordance with the fundamental principles and basic concepts of Islam.
Promotion
of Social Justice and Eradication of Social Evils
The
state shall take necessary steps for prosecution of social justice and
eradication of social evils and shall prevent prostitution, gambling and taking
of injurious drugs, printing, publication, circulation and display of obscene
literature and advertisements.
Teachings
of Holy Qur’an
The
state shall try to make the teachings of Holy Qur’an and Islamic Studies
compulsory to encourage and facilitate the learning of Arabic language.
Strengthen
Bond with Muslim World
The
state shall endeavor to strengthen fraternal relations among Muslim countries
in order to promote Islamic unity.
Council
of Islamic Ideology
There
is a council of Islamic ideology which shall guide the government in respect of
Islamic teachings, their implementation and propagation. Its chairman and
members are appointed by President. Although its advice is not binding on the
government yet it is not easy for any government to ignore or over rule its
suggestion or opinion regarding any law.
Error
Free Publication of Quran
The government
shall endeavor to secure correct and exact printing and publishing of the Holy
Qur’an.
Oath
to Project and Promote Islamic Ideology
The
Federal and Provincial Ministers, the Speaker and Deputy Speaker of the
National and Provincial Assemblies, the Chairman of the Senate and the
Governors and Chief Ministers of the Provinces also take oath to preserve and
protect the Islamic Ideology.
AMENDMENTS
TO THE CONSTITUTION
First
Amendment:
CONSTITUTION
(FIRST AMENDMENT) ACT, 1974
An
Act to amend the Constitution of the Islamic Republic of Pakistan [Gazette of
Pakistan, Extraordinary, Part I, 8th May 1974]
The
following Act of Parliament received the assent of the President on the 4th May
1974 and is hereby published for general information.
Whereas
it is expedient to amend the Constitution of the Islamic Republic of Pakistan
for the purposes hereinafter appearing .
It is
hereby enacted as follows: -
1. Short title and commencement
(1)
This act may be called the Constitution (First Amendment) Act ,1974.
(2)
It shall come into force at once.
2. Amendment of Article 1 of the Constitution.
In
the Constitution of the Islamic Republic Of Pakistan hereinafter referred to as
the Constitution, in Article 1, for clauses (2), (3) and (4) the following
shall be substituted, namely – (2) the territories of Pakistan shall comprise –
(a)
the Province of Baluchistan, the North-West Frontier, the Punjab and Sind ;
(b)
the Islamabad Capital Territory, hereinafter referred to as the Federal Capital
;
(c)
the Federally Administered Tribal Areas; and
(d)
such States and territories as are or may be included in Pakistan. whether by
accession or otherwise.
(3)
Parliament may by law admit into the Federation new States or areas on such
terms and conditions as it thinks fit.’’
3. Amendment of Article 8 of the Constitution.
In
the Constitution, in Article 8, in clause(3) in paragraph (b), after the word
“day” at the end , the words “or as amended by any of the laws specified in
that schedule” shall be added.
4. Amendment of Article 17 of the Constitution. In the Constitution,
in Article 17, for clause (2), the following shall be substituted, namely – “(2)
Every citizen, not being in the service of Pakistan, shall have the right to
from or be member of a Political Party , subject to any reasonable restrictions
imposed by law in the interest of the sovereignty or integrity of Pakistan and
such law shall provide that where the Federal Government declare that any
political party has been formed or is operating in a manner prejudicial to the
sovereignty or integrity of Pakistan , the Federal Government shell , within
fifteen days of such declaration , refer the matter to the Supreme Court whose
decision on such reference shall be final.
(3)
Every Political Party shall account for the source of its funds in accordance
with law.”
5. Amendment of Article 61 of the Constitution.
In
the Constitution, in Article 61, after the words “Deputy Chairman” at the end,
the words, commas, brackets and figures “ and as if , in the proviso to the
said clause (2) of Article 54 for the words ‘ one hundred and thirty ‘ the
words ‘ninety’ were substituted ” shall be added.
6. Amendment of Article 101 of The Constitution. In the constitution,
in Article 101, in clause(3), after the word “ President” at the end, the words
and comma “and’ shall be entitled to such salary, allowances and privileges as
the President may determine” shall be added.
7. Amendment of Article 127 of the Constitution. In the constitution,
in Article 127, – (a) in paragraph (e), the word “and” at the end shall be
omitted;
(b)
in paragraph (f), for the full-stop at the end the semi-colon and word “;and”
shall be substituted; and
(c)
after paragraph (f) amendment as aforesaid, the following new paragraph shall
be added, namely:-
“(g)
the said clause (2) of Article 54 shall have effect as if, in the proviso
thereto, for the words “one hundred and thirty” the word “seventy” were
substituted”.
8. Amendment of Article 193 of the Constitution. In the Constitution,
in Article 193, in clause (2), after paragraph (c) the following Explanation
shall be added, namely – “ Explanation. In computing the period during which a
person has been an advocate of a High court or held judicial office, there
shall be included any period during which he has held judicial office after he
became an advocate or, as the case may be, the period during which he has been
an advocate after having held judicial office”.
9. Amendment of Article 199 of the Constitution.
In
the constitution , in Article 199 , for clause (3), the following shall be
substituted, namely – (3) An order shall not be made under clause (1) on
application made by or in relation to a person who is a member of the Armed
Forces of Pakistan , or who is for the time being subject to any law relating
to any of those Forces, in respect of his terms and conditions of service, in
respect of any matter arising out of his service, or in respect of any action
taken in relation to him as a member of the Armed Forces of Pakistan or as a
person subject to such law”.
10.
Amendment
of Article 200 of the Constitution.
In
the Constitution, in Article 200, after clause (2), the following new clause
shall be added, namely – “ If any time it is necessary for any reason to
increase temporarily the number of Judges of a High Court, the Chief Justice of
that High Court may require a Judge of any other High Court to attend sittings
of the former High Court for such period as may be necessary and, while so
attending the sittings of the High Court, the Judge shall have the same power
and Jurisdiction as a Judge of that High Court.
Provided
that a Judge shall not be so required except with his consent and the approval
of the President and after consolation with the Chief Justice of Pakistan and
the Chief Justice of the High Court of which he is a Judge”.
11.
Amendment
of Article 209 of the Constitution.
In
the constitution, in Article 209, in clause (2), in the Explanation, after
words “ Chief Justice “, the words “otherwise than as acting Chief Justice”
shall be inserted.
12.
Amendment
of Article 212 of the Constitution.
In
the Constitution in article 212 – (a) in clause (1),
(i)
For the word “establish” the words “provide for establishment of” shall be
substituted and shall be deemed always to have been so substituted; and.
(ii)
in paragraph (a) after the word ‘persons’, the words “who are or have been’’
shall be inserted and shall be deemed always to have been so inserted; and.
(b)
in clause (2) after the words ‘‘Tribunal extends’’, the following words shall
be inserted and shall be deemed always to have been so inserted, namely:- “and
all proceedings in respects of any such matter which may be pending before such
other Court immediately before the establishment of the Administrative Court or
tribunal shall abate on such establishment.”
13.
Amendment
of Article 250 of the Constitution.
In
the Constitution, in Article 250, in clauses (1) and (2), the words and comma “
a governor ,”, wherever occurring., shall be omitted.
14.
Amendment
of Article 259 of the Constitution. In the constitution, in Article 259, – (a)
in clauses (2), after the word “ gallantry”, the comma and words “ meritorious
service in the Armed Forces” shall be inserted; and
(b)
in clause (3) after the word “ gallantry” , the comma and words “ meritorious
services in the Armed Forces” shall be inserted and shall be deemed always to
have been so inserted.
15.
Amendment
of Article 260 of the Constitution.
In
the Constitution, in Article 260, in clause (1), – (a) after the definition of
the “Chairman” , the following new definition shall be inserted, namely –
“Chief Justice”, in relation to the Supreme Court or a High Court, includes the
Judge for the time being acting as Chief justice of the Court ;“ and
(b)
In the definition of “service of Pakistan” , after the words “Provincial
Minister” , the commas and words “ , Attorney-General, Parliamentary Secretary“
shall be inserted.
16.
Amendment
of Article 272 of the Constitution.
In
the Constitution, in Article 272, in the marginal heading , after the word
“First” the words “constitution of “ shall be inserted.
17.
Amendment
of First Schedule to the Constitution.
In
the Constitution, in the First Schedule for Part IV the following shall be
substituted, namely – “ IV. FEDERAL ACTS
1-
The Censorship of Films Act, 1963 ( XVII of 1963)
2-
The Land Reforms ( Amendment) Act, 1974.”
Q.4 Explain
the Nationalization policy of Z.A. Bhutto. What were the affects this policy on
economic growth of country? Discuss.
Nationalization
is the term used when the government takes the control of anything that was
ownned private previously. Nationalization was the policy that was implemented
by Zulfiqar Ali Bhutto. Bhutto according to his promise restored the economic
order that was badly shaken by the war, attracted towards it.
In
the Ayub regime wealth was concentrated in few hands that led to a visible
class difference in the society. It created hatred for the upper class among
the masses Bhutto tried to overcome the situation by Nationalization.
The
party had programed in their manifesto to nationalize the industries gradually.
After two months of Bhutto’s resuming office, under the Economic Reforms order
that was passed in January 1972, the government took over 32 industries from
the private sector. The industries were put under to basic categories 1) Iron
and steel industries 2) Basic Metal industries 3) Heavy Engineering industries
4) Heavy Electrical Industries 5) Assembly and Manufacture of Motor vehicles 6)
Tractor Plant Assembly and Manufactures 7) Heavy and Basic chemicals 8) Petrol
chemical industries 9) Cement industries 10) Electricity, gas and oil refining.
It
was first step towards the policy of nationalization in September 1973, 26
vegetable ghee units were nationalized.
Banks
were also nationalized in 1974. They were in placed the hands of government on
the financing of Banks.
In 1976 the 300 small units of cotton ginning, rice husking, flour
milling were also taken in control. The exports and imports were also taken
under the control of government through trading corporation. They wanted to
ensure the distribution of wealth and the prosperity of lay man. However the
policy of nationalization started by Bhutto had many defects. It caused a great
damage to the private sector. Investment in the private sector was almost
finished. After the military coup in 1988 Chief Marshal Law administrator
denationalized the industries.
- Excluding 1972-73, the average growth rate for the Bhutto years
comes down to only 3.48 per cent per annum for the four years i.e. 1973-74 to
1976-77. The population increase over the same period is estimated to be three
per cent per annum. As a result, the growth in per-capita income was less than
one per cent per annum.
- Even the nominal growth in national income during those years did not
originate from productive sectors like industry and agriculture. So-called
growth emanated from the services sector because of the large, unproductive
expansion of jobs in the public sector.
- The commodity producing sectors – industry and agriculture – grew at two per
cent and 2.9 per cent per year, respectively. The two sectors contributed only
28.5 per cent of the cumulative increase in the GDP during the five-year
period, ending June 1977.
- In contrast, the economy had grown at an average rate of seven per cent per
annum for the 1960s, with per-capita income growth clocking up at a healthy 3.8
per cent per year.
- Owing to a rapid increase in prices, export growth in nominal terms for the
period following 1972-73 was 7.2 per cent per annum. However, there was a net
decline in the real volumes of exports over the Bhutto years.
Pakistan’s share in world exports declined from 0.16 per cent in 1972 to 0.12
per cent in 1976.
- Inflation equalled 17.3 per cent per annum during 1972-77. While the
government tried to blame it on the global energy crisis in 1973-74, global
statistics show Pakistan’s inflation rate was significantly higher than the
average for Asian countries (11.6 per cent) for the same period.
- The balance of payments deficit on current account jumped 795 per cent
during Bhutto years — from $100.8 million in 1972-73 to $902.5
million in 1976-77.
- Most of the deficit was financed by external borrowing. Outstanding external
debt more than doubled to $6.3 billion between December 1971 and June 1977.
- The net external borrowing in five years of the Bhutto regime was
equal to the total borrowing in the previous 25 years.
Industries
- Bhutto assumed power on December
20, 1971. On
January 1, 1972, the government took over 31 industrial units under 10 categories of industries.
- The nationalised industries included
shipping, iron and steel, basic metal, heavy engineering, assembly and
manufacturing of motor vehicles, tractor plants, chemicals, petro-chemical,
cement, and public utilities, including electric generation, gas and oil
enterprises.
- The categories were defined vaguely, so that it was possible to take over
some units and leave out others. This was particularly true in the light
engineering sector where small units belonging to political opponents were
taken over while much larger units were left untouched.
- No assessment was made of the nature of the units which were selected for
nationalisation. Some of the units were already making huge losses. Taking over
these sick units heavily burdened the public sector and was a drain on its
resources from day one.
- Initially, the government order was to “take over the management” only while
ownership was left with original owners.
- In August 1973, however, rules were amended to acquire a majority share
ownership “on compensation” of the taken-over units. In November 1973, orders
were issued for acquiring majority ownership in the public limited companies
and the entire equity of the private limited companies. In March 1974, rules were
again amended to provide for payment of compensation for the acquired shares at
market value instead of the break-up value as envisaged earlier.
- Originally, there was no mention of compensation. Later, a compensation
formula was given, but the principle of adequate compensation was never
accepted.
- In 1972-73, BIM units employed 40,817 people, but the number went up 64,643
people in 1976-77, up 58 per cent. But production did not increase
correspondingly, with labour productivity declined in a majority of units,
according to government statistics.
- Salaries, wages and other benefits for the BIM as a whole increased over 322
per cent between 1972-73 and 1976-77.
- Despite the increase recorded in sales numbers (in nominal terms because of
price increases), net earnings were negative on large capital invested in these
undertakings. Among the industrial units, profits were available only in the
cement sector where repeated price increases were introduced.
- A number of industrial units were set up without economic consideration. A
notable example is the sugar mill set up by PIDC in Larkana. PIDC had pointed out that a sugar factory
in Larkana may not be viable, as Larkana was not a cane-growing area. The cane
had to be supplied to the factory from a distance of 150 miles. It was
established nonetheless and had incurred a loss of nearly Rs20 million in the first two years of its
operation.
- In October 1977, the military government appointed a commission to review the
financial position of state-owned enterprises. The commission reported that only 15 out of 54 units were in
a position to maintain profitability in 1972-77.
- Reviewing the cumulative position of the entire Bhutto years, the
commission report said net accumulated losses for the 54 enterprises taken
together was Rs320.9 million.
- The commission report said the labour productivity declined in 39 out of 54 units.
- The commission reported that 30 of these units were operating on an average
below-70 per cent of installed capacity. Between 1972 and 1977, capacity
utilisation had declined in the case of 21 units.
- At the end of 1977-78, there were 12 BIM units that had a negative net worth
compared to only two units in 1970-71.
Agro-based industries
- Between 1972-73 and 1976-77, the agriculture growth rate was two per cent per
year as opposed to 6.4 per cent per year recorded throughout the 1960s.
- Although its manifesto did not promise it, small agro-based industries were
also privatised for simple processing of agricultural produce in the rural
areas. In July 1976, the government
announced it
had taken over cotton ginning, rice husking and large flour mills throughout
the country, with exemption granted to units with foreign participation.
- Initially 2,815 units were nationalised under this policy. These included 578
cotton ginning units, 2,113 rice husking units and 124 flour milling units.
- In May 1977, however, 1,523 small rice husking units were returned to their
owners.
- To handle the nationalised units, Cotton Trading Corporation, Rice Milling
Corporation and Flour Milling Corporation were set up in addition to the
establishment of a separate Ministry of Agrarian Management.
- In 1976-77, the Rice Milling Corporation operated units that constituted only
two-thirds of the nationalised rice-husking units. In both quantity and quality
the corporation did not achieve any major objective. Thus the loss suffered by
the corporation amounted to Rs200 million in 1976-77.
- As for Cotton Trading Corporation, it managed to operate less than half of
the nationalised ginning units. It was largely used as a source of unproductive
employment, as its number of workers almost doubled in just one year.
- Uncertainty prevailed for the whole of 1976-77 about the exact number of
units nationalised. The list included pieces of land that displayed a signboard
of “under-construction”. Residential houses were also nationalised if the
owner had found it convenient to install machinery in one part of his large
rural compound. Cattle, poultry and fish ponds were also nationalised if they
were on the premises of the factory.
- In one case, a primary schoolteacher was appointed a factory manager, as the
government had to quickly mobilise personnel without due scrutiny. In another
case, an Inspector in Market Committee of Thari (Tehsil Mirwah, District
Khairpur) was appointed deputy manager on the orders of a minister.
Vegetable ghee
- The government took over the vegetable ghee industry in September 1973, although it was a
small consumer goods industry with a total capital investment of Rs200 million
at the time of the takeover.
- In the three years following the nationalisation of this industry, number of
workers employed increased by one-thirds. Mismanagement resulted in aggregate
losses of Rs24.3 million and Rs29.4 million in 1974-75 and 1975-76,
respectively.
Price increases
- One of the rationales for nationalisation, according to the government, was
to ensure stability in the prices of everyday use. However, history shows
prices rose faster than they increased in the preceding decade.
- The retail price of Zeal Pak Cement increased from Rs151.5 per ton in
February 1972 to Rs443 per ton in June 1977, an increase of 192.7 per cent over
five years.
- The retail price of sugar increased from Rs1.60 per seer in 1972-73 to Rs4
per seer in 1976-77, signifying an increase of 775 per cent in four years.
- The price of vegetable ghee increased from Rs6 per seer in 1973 before
nationalisation to Rs9 per seer by 1977, up 50 per cent in four years.
- Big price increases took place in industrial items as well. The price of
rolled material increased from Rs2,000 per ton in 1972-73 to Rs5,025 per ton in
1976-77, up 151.25 per cent in four years.
Private-sector industries
- After the nationalisation of 31 concerns in January, 1972, the government
declared an end to the nationalisation process. However, in September 1973, it
took over vegetable ghee industry. This was followed by the nationalisation of
banks and shipping industry in January 1974.
- Banks’ nationalisation on January 1, 1974, occurred within 24 hours of a
meeting (held on December 31, 1973) in which Prime
Minister Bhutto told private-sector representatives in Karachi that
nationalisation would not take place anymore. The government nationalised the
banking sector except foreign banks, without consulting the SBP.
- Then the government took over the marketing and distribution of petroleum
products.
- In 1976, cotton ginning, rice husking and flour mills were also nationalised.
- Prime Minister Bhutto had openly vilified entrepreneurs and
businessmen in these words:
“The
business community is continuing to take part in activities prejudicial to the
government. We must put an end to these so-called businessmen’s moots. Each of
the individuals who participated in this meeting should be watched carefully
and we should have a complete dossier on every one of them to be able to put
them on right track.”
Sharp fall in investment
- According to 1975-76 Annual Plan released by the Planning Commission, the
(private) industrial investment at Rs576 million in 1973-74 was less than half
the level in 1969-70 even in money terms.
- As a result, large industrial families started moving out of Pakistan with
whatever they were left with. The Dawoods moved to Texas, United States, the
Saigols started investing in the Middle East and the Habibs focused on Europe
for growth opportunities.
Textiles
- Between 1972-73 and 1976-77, the export volume of both yarn and cloth
declined. One of the reasons was frequent revisions in export duties of these
items. Between May 1972 and June 1974, the duty on yarn was changed as many as
eight times. The duty on cloth increased on seven different occasions over the
same period.
- At the end of 1976-77, about 0.9 million spindles out of a total 3.507
million were out of operation, with about 12,000 looms also closed.
- The productivity of labourers in the textile industry in Pakistan between
1971 and 1975 kept declining at an annual rate of four per cent, according to a
survey by the Cotton Textile Industry Research and Development Centre, Karachi.
Zia regime and denationalisation
- Upon taking over the government, General Ziaul Haq immediately reversed the
nationalisation process initiated by the Bhutto regime. Zia
denationalised around two thousand ginning mills that Bhutto had
nationalised.
- He tried to denationalise other state-owned enterprises as well but remained
largely unsuccessful for a variety of reasons listed below.
- In the book titled Public Enterprises in Pakistan by Robert LaPorte and Muntazar
Bashir Ahmed, the writers state that the government became fed up with the
private sector because it had not acted “in good faith” with regard to
denationalisation.
- The law required that previous owners enjoyed first priority in terms of
purchase from the government. However, the previous owners of the nationalised
firms offered for sale wanted several conditions that the government was
unwilling to grant. Such conditions included purchases prices below market
rates partly because the companies were now overstaffed and the labour was
unionised.
- Another condition demanded by the previous owners was the continuation of the
“privileges” that the nationalised units had as public enterprises, such as
credit on concessional terms, subsidised inputs (gas/oil/electricity), and
continuation of price controls.
- The previous owners of the nationalised enterprises also demanded changes in
labour policy that would allow them to get rid of surplus labour.
- In addition, the private sector was not particularly interested in acquiring
the old public enterprises because private investors would rather develop new
concerns that would not be fettered by debt, overstaffing and out-dated
equipment.
- Here’s a snapshot of Pakistan’s growth in terms of GDP and GDP per capita
under the Bhutto regime. It’s evident that Pakistan recorded the slowest growth
in each category compared to Indonesia, Malaysia, India and South Korea during
the period under review.
If the following two charts don’t convince you how disastrous Bhutto’s economic
policies were for Pakistan, then I don’t know what will.
Q.5 How
had 1973 constitution provided the stability to the parliamentary system? Why
had these guarantees failed in case of 1977?
The Muslims of India had, since the middle of nineteen century, begun the
struggle for a separate homeland on the basis of the two Nation
theory. The British rulers realized that the Hindus and Muslims of India
remained two separate and distinct nations and socio-cultural entities. The
British rulers were left with no option but to eventually accept the demand of
the Muslims of India.
On
3rd June1947, Lord Mountbatten, the last Viceroy of India, called the
conference of all the leaders of the Sub-continent and communicated to them his
Government's Plan for the transfer of power. At that time, a notification
was issued in the Gazette of India, published on 26th July 1947 in which the
first Constituent Assembly of Pakistan was given shape with 69 Members (later
on the membership was increased to 79), including one female Member.
The
State of Pakistan was created under the Independence Act of 1947. The Act made
the existing Constituent Assemblies, the dominion legislatures. These
Assemblies were allowed to exercise all the powers which were formerly exercised
by the Central Legislature, in addition to the powers regarding the framing of
a new Constitution, prior to which all territories were to be governed in
accordance with the Government of India Act, 1935.
The
first session of the first Constituent Assembly of Pakistan was held on 10th
August 1947 at Sindh Assembly Building Karachi. On 11th August 1947
Quaid-i-Azam Muhammad Ali Jinnah was elected unanimously as the President of
the Constituent Assembly of Pakistan and the National Flag was formally approved
by the Assembly.
On
12th August 1947, a resolution was approved regarding officially addressing Mr.
Muhammad Ali Jinnah as "Quaid-i-Azam Muhammad Ali Jinnah". On the
same day, a special committee called the "Committee on Fundamental Rights
of Citizens and Minorities of Pakistan" was appointed to look into and
advise the Assembly on matters relating to fundamental rights of the citizens,
particularly the minorities, with the aim to legislate on these issues
appropriately. On 14th August 1947, the Transfer of Power took place. Lord
Mountbatten, Governor General of India, addressed the Constituent Assembly of
Pakistan. The Quaid gave a reply to the address in the House, on which the
principles of the State of Pakistan were laid. On 15th August 1947, Quaid-i-Azam
was sworn in as the first Governor General of Pakistan. Mian Sir Abdur Rashid,
Chief Justice of Pakistan, administered oath of office from him. The Quaid
remained in this position till his death i.e.11th September 1948.
The
foremost task before the first Constituent Assembly is of framing the
Constitution for the nation. On 7th March 1949, the Objectives Resolution,
which now serves as the grund norm of Pakistan, was introduced by the first
Prime Minister of Pakistan Nawabzada Liaquat Ali Khan, and later adopted by the
Constituent Assembly on 12th March 1949. On the same day, a Basic Principles
Committee comprising of 24 Members was formed to prepare a draft Constitution
on the basis of the Objectives Resolution. On 16th October 1951, Prime Minister
Nawabzada Liaquat Ali Khan, mover of the Objective Resolution, was assassinated
and Khawaja Nazimuddin took over as the Prime Minister on 17th October 1951.
The
final draft of the Constitution was prepared in 1954. By that time,
Muhammad Ali Bogra had taken over as the Prime Minister. However, just
before the draft could be placed in the House for approval, the Assembly was
dissolved by the then Governor General Ghulam Muhammad on 24th October1954. The
Prime Minister was, however, not dismissed and was asked to run the
administration, with a reconstituted Cabinet, until such time as the elections
were held.
Maulvi
Tamizuddin, President of the Assembly, challenged the dissolution in the Sindh
Chief Court, and won the case. The Government in return, went to the Federal
Court, where the famous judgment was given by the then Chief Justice Muhammad
Munir, according to which Maulvi Tamizuddin lost the case.
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. One of the major decisions taken by this Assembly was the
establishment of West Pakistan (One Unit), with the aim to create parity
between the two wings (East and West Pakistan). This Assembly also
achieved its target by giving the first Constitution to the nation i.e. the
Constitution of Pakistan 1956. Choudhary Muhammad Ali was the Prime Minister at
that time. The draft of this Constitution was introduced in the Assembly
on 9th January 1956 and was passed by the Assembly on 29th February
1956. The assent was given on it by the Governor General on 2nd March
1956. This Constitution was enforced with effect from 23rd March
1956. Under this Constitution, Pakistan became an Islamic Republic, hence
23rd March became our Republic day. It was the same day in 1940 that the
historic Pakistan Resolution was adopted at Minto Park, Lahore.
On
5th March 1956, Major General Iskander Mirza became the first elected
President of Pakistan. The 1956 constitution provides for Parliamentary
form of government with all the executive powers in the hands of Prime
Minister. President was Head of the State and was to be elected by all Members
of the National and Provincial Assemblies. He was to hold office for 5 years.
The President was to act on the advice of Prime Minister, except where he was
empowered to act in his discretion.
Under
1956 Constitution, Parliament was unicameral. Legislative powers vested in
the Parliament, which consisted of the President and the National Assembly
comprising 300 Members divided equally between East and West Pakistan. In
addition to these 300 seats, five seats were reserved for women for each of the
two wings, for a period of ten years: thus bringing the total membership of the
House to 310.
However,
in the absence of any law to control the Political Parties and the problem of
floor crossing, political instability perpetually ensued. Although the
first general election were scheduled for early 1959, President Sikandar Mirza
abrogated the Constitution, dissolved the National and Provincial Assemblies,
and declared Martial Law, on 7th October 1958. He appointed General Muhammad
Ayub Khan, Commander-in-Chief of the Army, as the Chief Martial Law
Administrator.
On
27th October 1958 General Muhammad Ayub Khan took-over as a second President
of Pakistan. One of the first major steps taken by General Ayub Khan
was the appointment of a Constitution Commission on 17th February 1960. The
objective of this commission was to submit proposals, as to how best democracy
can be strengthened and molded according to the country’s socio-political
environment and Islamic principles of justice. The Commission submitted its
report to the government on 29th April 1961. On the basis of this report a new
Constitution was framed and given to the nation on 1st March 1962.
General
elections under the new Constitution were held on 28th March 1962 and elections
to the special seats reserved for women were held on 29th May 1962. The first
session of the third National Assembly was held on 8th June 1962 at Ayub Hall,
Rawalpindi.
The
Constitution of 1962 envisaged a Federal State with Presidential form of
government, with National Assembly at the centre and the Provincial Assemblies
in the Provinces. The Legislatures, both at centre and in provinces were
unicameral. The Federal system had been curtailed by allowing the Provincial
Governors to be appointed directly by the President. All executive
authority of the Republic of Pakistan, under the Constitution, vested in the
office of the President. President appointed his Cabinet members who were
directly responsible to him.
The
electoral system was made indirect, and the `Basic Democrats', for both wings
were declared Electoral College for the purpose of electing the Assemblies and
the President. Basic democrats were 80,000 in number (40,000 from each
East & West Pakistan). The total membership of the National Assembly was
156, one half of whom were to be elected from East Pakistan and other half from
West Pakistan, also three seats were reserved for women from each province. The
term of this Assembly was three years. The norm was established that if the
President was from West Pakistan, the Speaker was to be from East Pakistan and
vice versa. One of the major achievements of this Assembly was the passage
of Political Parities Act, 1962.
On
25th March 1969 the second Martial law was imposed and General Agha Muhammad
Yahya Khan took-over as the President of Pakistan and Chief Martial Law
Administrator (CMLA). He later issued a Legal Framework Order (LFO), under
which the first ever general elections were held on 7th December 1970. This was
the first Assembly elected on the adult franchise and population basis. It
consist of 313 members, 169 from East Pakistan and 144 from West Pakistan
including 13 reserved seats for women (6 were from West Pakistan and 7 from
East Pakistan). Soon after the elections, due to grave political differences,
the Province of East Pakistan seceded from West Pakistan and became
Bangladesh. On 20th December 1971 Mr. Zulfiqar Ali Bhutto took over as the
President of Pakistan as well as the first civil Chief Martial Law Administrator.
The
first session of the National Assembly, due to the delay caused by the
separation of East Pakistan, was held on 14thApril 1972 at the State Bank
Building, Islamabad, in which all 144 Members from West Pakistan and two from
former East Pakistan (Mr. Noor-ul-Amin and Raja Tridev Roy who had chosen to
join Pakistan) participated. On 17th April 1972 an Interim Constitution was
adopted by the National Assembly, which provided for a Presidential form of
Government. Under this Constitution, the National Assembly was not to be
dissolved earlier than 14th August 1973. The Interim Constitution dealt in
detail with the distribution of powers between the Centre and the Provinces.
The
Assembly also formed a Constitution Committee on 17th April 1972 to prepare the
first draft for framing a Constitution. The report of the Committee was
presented with a draft Constitution on 31st December 1972. It was
unanimously passed by the Assembly in its session on 10th April 1973 and was
authenticated by the President on 12th April 1973. This Constitution,
called the Constitution of the Islamic Republic of Pakistan 1973, was
promulgated on 14th August 1973. On the same day, Mr. Zulfiqar Ali Bhutto
took oath as the Prime Minister, while Mr. Fazal Illahi Choudhary took oath as
the President of Pakistan.
The
1973 Constitution provides for a parliamentary form of government where the
executive authority of the state vests with the Prime Minister. The President,
according to the Constitution, is at the apex, representing the unity of the
Republic.
From
1947 to 1973, the country had a unicameral system of legislature. Under the
1973 Constitution, Pakistan adopted bicameral system at the centre, called “The
Parliament”, composing the President, the National Assembly and The Senate.
Originally, the general seats of the National Assembly were 200 with additional
10 seats reserved for women, bringing the total strength to 210. The newly
created Upper House i.e. the Senate had 63 members. Later in 1985 through a
Presidential Order (P.O. No. 14 of 1985), seven seats were added to the general
seats and ten to the reserved seats for women in the National Assembly. Ten
seats were exclusively reserved for minorities to be filled through separate
electorate system. Thus the total strength of the lower house reached to 237
members. Similarly the strength of Senate was also increased from 63 to 87.
Under
the 1973 Constitution the National Assembly is elected for five years term,
unless sooner dissolved. The seats in National Assembly, unlike the
Senate, are allocated to each province and other units of the federation, on
the basis of population. The Constitutional provision of 20 special seats
for women lapsed in 1990, thus decreased the Assembly strength from 237 to
217. Under the Constitution, elections to the 10 seats reserved for
minority were held on separate electorate basis.
Despite
the tenure of the Assembly being five years, as prescribed in the Constitution,
Mr. Z.A.Bhutto, on 7th January 1977 announced the holding of elections before time. Consequently,
on 10th January 1977, he advised the President to dissolve the National
Assembly. Elections were held on 7th March 1977. The opposition charged
the government with rigging the elections to the National Assembly and
thereafter boycotted the Provincial Assemblies elections. Since the opposition
had not accepted the National Assembly elections result, they did not take
oath. This resulted in severe political crisis and Martial Law was imposed by
the then Army Chief, General Muhammad Zia-ul-Haq, on 5th July 1977.
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