Causes of Delay in Constitution Making of Pakistan
Causes of Delay in Constitution Making of Pakistan
Causes of Delay in Constitution Making of Pakistan
PAKISTAN
i). Federalism.
ii). Representation.
BPC report 1.
BPC report 2.
Bogra formula.
Introduction:
Constitution is a set of basic principle and framework for governance and exercise of political power
and legal authority. It clarifies the scope of power, relationship among various institutions within the
government and society.
A Constitution has precedence our ordinary laws and cannot be changed like ordinary laws.
The major issues towards the development of a constitution of its own, the first constituent assembly
had to analyze the following parameters.
1. Division of power:
Division of powers between the center and provinces. There was tradition of strong center during
the British rule. After independence, provinces were demanding more provincial autonomy.
Tradition of strong center WON.
2. Representation:
Pakistan
To have a standard formula for the representation of units and population, the Constitution Assembly
(CA) formed a basic principle committee (BPC) in March, 1949.
TASK:
The task of the committee was to frame a set of basic principle for Representation of provinces/units
in central assembly and other matters of utmost importance for the future constitution of Pakistan.
According to the population of the provinces. irrespective of size of pop & area.
Both Houses of the Parliament will enjoy the equal status and powers. It proposed equal
representation to East and West wing.
After the assassination of L.A.K. Muhammad Ali Bogra presented a formula to resolve the deadlock
in constitution making.
Bicameral Legislature
Both wings would have equal strength in joint sessions of the Parliament.
Parity
1957—Joint electorate was adopted for all Pakistan by the national assembly.
Supporters of Presidential system became dominant after the 1958 military takeover. The
Constitution of 1962 was a Presidential Constitution.
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CAUSES OF DELAY IN CONSTITUTION MAKING OF PAKISTAN
INTRODUCTION
On August 14th, 1947, Pakistan was carved out on the map of the world for the Muslims of India
in order so that they could live in peace and harmony, according to the principles of Islam, free
to pursue all spiritual and worldly endeavors in a homeland of their own. Though full of hope
and nationalistic fervor; the people of Pakistan were unable to fully realize the dream of their
own personalized utopian state because of a variety of devastating crises plaguing the newly
born state. From the problems of the refugees to the crippling water and food shortage to the
failing health of the father of the nation and serious lack of capable political leaders at the helm
of the state, the resultant is the ominous delay in constitution-making caused serious issues
that were to plague Pakistan for the year to come. The lack of consensus between the two
wings of the state in all matters ranging from the relationship between Islam and the state to
the issue of selecting the national language causes Pakistan to be without constitution for
nearly nine years and in a state of perpetual political chaos and instability. Two constitutions
and numerous heads of state later, in 1973 a constitution was formulated that had been the
product of a democratically elected legislature. However, it failed to create balance of
power between the various branches of government and especially the balance between the
powers of the army and the government.
ISSUES IN CONSTITUTION MAKING
The Government of India Act (1935) was modified and promulgated in the newly state of
Pakistan. The Constituent Assembly (CA) was given the task of framing the Constitution. The
elected members in the 1946 elections made the first Constituent Assembly that faced grievous
circumstances. The first meeting of the CA was held on August 11, 1947 a t Karachi. The process
began with the passing of the Objectives Resolution in which the Islamic and democratic values
were adopted as grounds for the future constitution. The Basic Principles Committee (BPC)
consisting of 24 members was made to work for the constitutional powers. The various sub-
committees on Federal and provincial powers, Franchise, Judiciary, and Fundamental
Rights started working.
The major issues, the first constituent assembly faced, were about:
1. Lack of consensus between east and West Pakistan
i. Representation
ii. The National Language Issue
2. Political vacuum
3. The Islamic or Secular State