CHAPTER 3

CONSTITUTIONAL DEVELOPMENT IN ISLAMIC

REPUBLIC OF PAKISTAN
Q1: What are the salient features of the Objective Resolution?

Ans: Objective Resolution 1949:

In the history of constitution making in Pakistan, the Objective Resolution is an important
document and a basic step to frame the constitution. It was approved on March 12, 1949. In
this Resolution Islam was declared as the foundation of the Constitution of Pakistan.

Salient features of Objective Resolution:

The Salient Features of Objective Resolution 1949 are as follows:
1. Sovereignty of Allah:
Sovereignty over the entire universe belongs to Almighty Allah. The political power
is a sacred trust which shall be exercised by the representatives of the people within
the limits prescribed by Islam.
2. Enforcement of Islamic Principles:
The principles and concepts of democracy, equality and social justice enunciated by
Islam shall be enforced within the country.
3. Life according to Islam:
Muslims shall be enabled to lead their individual as well as collective life in
accordance with the principles set in the Holy Qur'an and
4. Rights of Minorities:
The rights of the minorities shall be protected. They will have the freedom to follow
their religion and promote their own culture.
5. Federal State:
Pakistan shall be a Federal State. The provinces will enjoy autonomy within the
prescribed limits mentioned in the Constitution,
6. Independence of judiciary:
The basic rights of the people and the independence of judiciary will be guaranteed.
Q2: What are the salient features of the Constitution of 1956?

Ans: Constitution of 1956:

In June 1955 a new Constituent Assembly was elected and constitution-making started. The
Constitution of the country was prepared in less than one year. It was enforced on March
23, 1956. It is, called the Constitution of 1956.

Salient Features of Constitution of 1956:

1. Sovereignty of Allah:
In the preamble of the constitution it was stated that sovereignty rests. with Almighty
Allah and Pakistan was declared an Islamic Republic.
2. Federal Parliamentary System:
Federal Parliamentary System was introduced in the country.
3. Governor General:
Governor General was replaced by the President.
4. Distribution of Power:
The powers were distributed between the Centre and the two' provinces of Pakistan,
namely, the then East Pakistan and West Pakistan under the Federal system of
government.
5. Rights of Minorities:
The rights of the non-Muslim minority were given due protection.

Q3: Describe the salient features of the Constitution of 1973.

Ans: Constitution of 1973:
After the separation of East Pakistan, the elected representatives of West Pakistan
were called to frame a constitution. A 25-member committee comprising representatives of
both government and oppositions, was entrusted to draft a permanent constitution. The
draft prepared by the Committee was approved in April 1973. The Constitution was
promulgated in the country on 14thAugust 1973.
Salient Features of Constitution on 1973:
Salient features of the constitution of 1973 are as follows:
1. Foundation:
The foundation of 1973 constitution was also laid on the Objective Resolution.
2. Religion:
The country was declared as Islamic Republic of Pakistan and Islam was made the
official religion of the state.
 3. Definition of Muslim:
The definition of a Muslim was made part of the constitution and it was said that " a
person who has an implicit faith in the Oneness of Allah and in the prophethood of
Holy Prophet Hazrat Muhammad (P.B.U.H)
as the last Prophet of Allah will be considered a Muslim (Muslman)."
4. Offices of the Heads:
The offices of President and Prime Minister of Pakistan were restricted for the
Muslims only.
5. Objective Resolution:
The Objective Resolution was included in the Constitution as its

6. Parliamentary form of government:

Federal and parliamentary form of government was introduced. The Prime Minister
was delegated wide powers and the authority of the President was curtailed.
Practically, the President could not pass important orders without the concurrence
of the Prime Minister.
7. Two Houses:
A Parliament consisting of two houses was established for the first time. The upper
house was called the Senate and the lower house was called the National Assembly.

8. Autonomy:
The provincial governments were granted autonomy.

9. Independence of Judiciary:
In order to protect rights of the people necessary safeguards were provided to
ensure independence of judiciary.

10. Islamic Ideological Council:

Islamic Ideological Council was set up to guide the government in connection with
Islamic principles. The Council could give its opinion on laws which are contrary or
prejudicial to Islam.

Conclusion:
The Constitution of 1973 is still in force although certain amendments in the Constitution
have been incorporated in it.
Q4: Why did East Pakistan Separated from West Pakistan?
Ans: The fall of East Pakistan:
Pakistan came into being on 14th August 1947 into two parts East and West Pakistan.
It remained one country till the separation of East Pakistan in 1971.

i) Geographical location of East and West Pakistan:

The distance between the two parts of Pakistan was more than sixteen hundred
kilometres. The people of both the parts could not come closer to each other. This created
misunderstanding among the people of East and West Pakistan. India took advantage of
the misunderstanding and started vicious propaganda against the people of - West
Pakistan to misguide the people of East Pakistan.

ii) Difference In the Social Structure:

The problems of the people of both the provinces were different. The officers belonging to
East Pakistan were more friendly and closer to the people. On the contrary the officers
from West Pakistan, when posted in East Pakistan had a different attitude towards the
people. This created a sense of hatred against West Pakistan.

iii) Martial Law:

Imposition of Martial Laws created a sense of deprivation among the people of East
Pakistan. The public leaders believed that Martial Laws were the real obstacle in the way
of establishment of a parliamentary system of government. Thus democracy could not
flourish in the country.

iv) Language issue:

The Federal government's policy on the issue of official language was opposed by the
people of East Pakistan. Demonstrations were held against the government and a number
of Bengali students lost their lives. This agitated the minds of Bengalis.

v) Provincial Autonomy:
East Pakistan wanted complete provincial autonomy. Had this demand been accepted
earlier, East Pakistan would not have separated.

vi) Economic Deprivation and Propaganda:

Sheikh Mujib-ur-Rehman, a leader of Awami League Party in Bengal propagated that
Bengalis were economically deprived and demanded a separate economic system for East
Pakistan. Other parties in the countries' turned down this proposal of Sheikh Mujib•ur-
Rehman. He started developing secret relations with India. All India Radio through its
programmes created hatred in the hearts of Bengalis against the people of West Pakistan.
vii) Role of Hindu Teachers :
A large number of Hindu teachers were teaching in the educational institutions in the East
Pakistan. They produced such literature which created negative thinking in the minds of
Bengalis against the people of West Pakistan.

viii) International Conspiracies:

About 10 million Hindus were living in East Pakistan. India wanted to separate East
Pakistan to strengthen economic position, of the Hindus. Russia was against Pakistan
because Pakistan had allowed America to establish military bases in Pakistan. On the
other hand America also wanted separation of East Pakistan. Under the circumstances
Russia openly supported India's aggression against Pakistan.

ix) Sheikh Mujib's majority in the Elections of 1970:

In the General elections of December 1970, the Awami League of Sheikh Mujib gained a
vital majority and won 167 out of a total of 169 seats. Sheikh Mujib-ur-Rehman started
increasing his demands, which were ignored by the then military junta of Pakistan.

x) Military Action in East Pakistan:

After the general elections of December 1970 the law and order situation in East Pakistan
had gone from bad to worse. Military regime decided to suppress the Awami League.
General Yahya Khan declared Awami League an illegal party and put an embargo on the
political activities of Awami League. This created hatred among Bengalis and they also
started-armed struggle.

xi) India's Attack:

As a result of military action, leaders of Awami league and a large number of Bengalis
escaped to India. India started interfering in the affairs of Pakistan. India termed military
action in East Pakistan as an attack on India. Sheikh Mujib had organized a semi-military
organization, called "Mukti Bahia. It started guerrila warfare against Pakistan Army. In its
support, India also started attacks on Pakistan Army. On December 3, 1971 the war
between Pakistan and India began.

Conclusion:
Due to the lack of support of the local populace and the poor arrangements of supply of
men and material, Pakistani soldiers surrendered before the Indian army on December 16,
1971 whereas the cease-fire on West Pakistan front was declared without launching a
significant attack. On December 16, 1971 East Pakistan became an independent and free
state of Bangladesh.