2020

SUBJECT: POLITICAL HISTORY

DEPARTMENT: PAK STUDIES
SUBMITTED TO: MS. IQRA
SUBMITTED BY: SHAMA BIBI

SBK WOMEN’S UNIVERSITY BALOCHISTAN

Contents
Introduction ..................................................................................................................................... 2
Background ..................................................................................................................................... 2
Constituent Assembly ..................................................................................................................... 2
Objective Resolution ....................................................................................................................... 3
Provisions........................................................................................................................................ 3
Criticism.......................................................................................................................................... 3
The Basic Principles Committee (BPC) ......................................................................................... 3
Basic Principles Committee (1st Draft) September 1950 ................................................................ 4
Main Features .............................................................................................................................. 4
Criticism ...................................................................................................................................... 4
Basic Principle Committee Report (2nd Draft) July 1952 ............................................................... 4
Criticism ...................................................................................................................................... 5
Bogra Formula ................................................................................................................................ 5
Constituent Assembly Dissolution.................................................................................................. 5
Conclusion ...................................................................................................................................... 6
References ....................................................................................................................................... 7

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Introduction
The first session of Pakistan's First Constituent Assembly was conducted at Sindh Assembly
Building Karachi on 10th August 1947. On August 11, 1947, Quaid-i-Azam Muhammad Ali
Jinnah was overwhelmingly elected President of the Constituent Assembly of Pakistan and
officially accepted by the Assembly of the National Flag.

Pakistan's Constituent Assembly became the first parliament in Pakistan, which first convened on
10 August 1947. On 14 August 1947, Jinnah gave a speech detailing the essential ideals of an
autonomous Pakistan's future government. Jinnah was elected as Pakistan's first Governor-
General. The key duty of the legislature was to draft a new constitution for Pakistan.

Background
The Muslims of India have started the movement for an independent homeland on the basis of the
two nation theory since the mid-nineteen centuries. The British rulers were conscious that India's
Hindus and Muslims were two independent and distinct nations and socio-cultural bodies. The
British rulers were left with no alternative but to eventually embrace the appeal of India's Muslims.

Under the 1947 Independence Act, the State of Pakistan was created. The Act constituted the
existing Constituent Assemblies, the legislatures of the dominion. Such assemblies were allowed
to exercise all the powers exercised by the Central Legislature in the past, in addition to the powers
to draft a new Constitution, in which all regions had to be ruled in compliance with the 1935
Government of India Act.

On June 3, 1947, Lord Mountbatten, India's last Viceroy, called all the Sub-continent leaders'
conference and conveyed his government's proposal for power transition to them. At the time, a
notice was issued in the Gazette of India, published on July 26, 1947, which gave form to Pakistan's
first Constituent Assembly with 69 members (later the membership increased to 79), including one
female member.

Constituent Assembly
The first Constituent Assembly of Pakistan was created on 26 July 1947, and its inaugural session
was held on 10 August 1947. The Legislative Assembly approved the Objectives Resolution on
12 March 1949, enumerating the principles from which to develop the new Constitution. The

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Assembly also named a Base Concept Committee (BPC) on the same date to elaborate the concepts
on which the Constitution was to be written.

Objective Resolution
The Objectives Resolution was a resolution of the Constituent Assembly of Pakistan enacted on
12 March 1949. The resolution, introduced by Prime Minister Liaquat Ali Khan, declared that
Pakistan 's future constitution should not be solely based on a European template, but on Islam 's
philosophy and democratic faith.

Provisions
Sovereignty belongs to Allah alone but He has assigned it through his subjects to the State of
Pakistan for practicing it within the limits specified by Him as sacred confidence. The State shall
exercise its powers and authority by means of the people's elected representatives. As enunciated
by Islam, the principles of democracy, freedom, equality, tolerance and social justice shall be fully
observed.

In keeping with the teachings of Islam as set forth in the Quran and Sunna, Muslims shall be
allowed to order their lives in the person and social spheres. For minorities to openly profess and
exercise their faiths and grow their traditions, appropriate arrangement must be made. Pakistan is
expected to be a federation. Basic rights are guaranteed. The judiciary is expected to be
autonomous.

Criticism
Constituent assembly for lavishing praise on this "piece of propaganda" which "was of no practical
value to anybody." (Ayyaz Amir) Even Maulana Maududi was saddened by the fact that it yielded
no meaningful results. According to him, it was such a rain which was neither accompanied by a
cloud gathering nor followed by vegetation.

The Basic Principles Committee (BPC)

Consisting of 24 representatives, the Basic Principles Committee (BPC) was created to function
under the Constitution. Research began with the numerous sub-committees on Federal and
Territorial responsibilities, Franchise, Courts and Human Rights. The Talimat-i-Islamic Board
was also set to seek advice on matters of religion.

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Basic Principles Committee (1st Draft) September 1950
The Objectives Resolution, to be adopted as the standards of justice in the Constitution. Upper
(House of Units) 100 representatives’ proportional distribution for the divisions. Lower House
(House of the People) focused on the representatives of Population-400. Fair interests should share
all rooms.

Main Features
The Head of State chosen by general session will be for five years (only twice). The President has
the right of declaration of emergency. Appointment and other rights, was not liable to address
anyone, may be a Muslim or non-Muslim, should be supported by the Prime Minister (PM) and
Cabinet, Parliament may convict him with a 2/3 vote, He has the right to violate the constitution.
All Houses were in charge of the cabinet. Urdu is a national language.

Criticism
This report has received strong criticism. The religious community had protested that there was
nothing about Islamisation in the report. This report was strongly opposed by S.C. Chattopadyaya,
eastern Pakistan. The crux of criticism was related to the central legislature's under-representation
and the demand for a powerful center with large financial forces. In Upper House, East Pakistan
won equal number of seats, the same as West Pakistan. Therefore, it eliminates the plurality norm
and turns East Pakistan into a minority. In comparison, the preliminary report was haphazard to
East Pakistan because it was Urdu as a national language and Bengali was nowhere in the
constitutional arena.

Basic Principle Committee Report (2nd Draft) July 1952

Head of State would be Muslim and there would be no change of authority. Equal distribution to
the North and the West: UH (Units Upper House) 60, 60. LH (House of People) 200, 200. 200.
The Lower House was granted additional authority. Lower House was kept accountable by the
government. It has been agreed that legislation would comply with ISLAM. In disobedience to
Islamic values, no law will be made. Five Islamic scholars' advisory board has been created.
Remain silent again in the national language.

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Criticism
It was also criticized like the first report, but this time criticism came from Punjab which found
the federal formula defective. They sought equal representation in lower house for various
divisions, and equal control for both houses. The Punjab leaders of both the Basic Principles
Committee and the Federal Cabinet opposed the plan because they felt East Pakistan would easily
overpower the nine-unit West Pakistan.

Bogra Formula
Mohammad Ali Bogra, popularly named the 'Bogra Formula' introduced its kit. The Bogra
Formula had been debated and accepted by the Assembly but on 24 October the Constituent
Assembly was dissolved by the Governor General Ghulam Muhammad, before it could have been
constituted as a Constitution.

Constituent Assembly Dissolution

GG (Governor General) dissolved the CA on 24 October 1954 which was challenged by Maulvi
Tamizuddin in the Sindh court. The high court in Sindh has declared the dissolution
unconstitutional but the Federal Court has affirmed the GG intervention and demanded the creation
of an elected CA.

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Conclusion
Pakistan 's constitution is a reflection of all the peculiarities and contradictions after independence
in its social, cultural, and political growth. The fight over similar formulations in different draft
Constitution that took place in the legislative bodies was also an example of the conflict between
the vital interests of Pakistan 's key social classes. Therefore, it is not shocking that the struggle
over many constitutional issues (state language, election, division of powers between the federal
and the Provinces, etc.) has been going on for years, leading to violent conflicts where thousands
of people have been casualties and sometimes precipitating acute political crises.

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References
o https://en.wikipedia.org/wiki/Constituent_Assembly_of_Pakistan
o https://www.slideshare.net/DrTahirJamil/constitutional-devolopment-in-pakistan-1947-
to-18th-
amenment#:~:text=Constituent%20Assembly%20%E2%80%A2%20Pakistan's%20first,h
eld%20on%20August%2010%2C%201947.&text=On%20March%2012%2C%201949%
2C%20the,Constitution%20had%20to%20be%20formulated.
o http://www.na.gov.pk/en/content.php?id=75