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Constitutional Development in Pakistan

This document summarizes the key events and issues in Pakistan's constitutional development from 1947 to 1956. It discusses how the Government of India Act (1935) initially served as the interim constitution. The major issues the Constituent Assembly grappled with included federalism and provincial autonomy, representation in government between East and West Pakistan, whether to adopt a parliamentary or presidential system, and defining Pakistan as an Islamic or secular state. These issues delayed the adoption of Pakistan's first constitution until 1956.

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Saif Ali
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176 views11 pages

Constitutional Development in Pakistan

This document summarizes the key events and issues in Pakistan's constitutional development from 1947 to 1956. It discusses how the Government of India Act (1935) initially served as the interim constitution. The major issues the Constituent Assembly grappled with included federalism and provincial autonomy, representation in government between East and West Pakistan, whether to adopt a parliamentary or presidential system, and defining Pakistan as an Islamic or secular state. These issues delayed the adoption of Pakistan's first constitution until 1956.

Uploaded by

Saif Ali
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PPTX, PDF, TXT or read online on Scribd
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Constitutional Development in

Pakistan
Constitution of Pakistan

 Constitution is a set of laws/principles may be


written or unwritten on which a country is
acknowledged to be governed.
 The system of fundamental laws and principles that
prescribes the nature, functions, and limits of a
government or another institution.
 Constitution is the fundamental law of the land and it
is from this source that all the laws spring.
 body of rules which regulates the system of
government within a state.
The Constitution making 1947
to 1956
 The Modified Govt of India Act (1935)
became the interim Constitution of Pakistan
in 1947
 The Constituent Assembly was given the
task of framing the Constitution
 Theelected members in the 1946 elections
made the first Constituent Assembly
The Objectives Resolution
 The Objectives Resolutions was passed by
constitute Assembly on March 12 , 1949
 the Constituent Assembly formed a Basic Principle
Committee (BPC). The primary task of this
committee was to frame a set of basic principles
for the future constitution of Pakistan
 The Resolution proposed by the prime Minister
Liaqat Ali Khan
 It proclaimed that future constitution of Pakistan
would not be modified entirely on western
pattern, but on the ideology and democratic faith
of Islam
Objective Resolution

Main Points
Sovereignty belongs to Allah
The Principles of Democracy Shall be observed
according to the percepts of Islam
The Muslims will be enabled to Live According to
the teaching of Islam
Pakistan Shall be Federation
Independent of Judiciary
Fundamental Rights shall be guaranteed
Major Issues faced by CA
 Federalism:
 There was consensus on federalism but yet there
were many issues to be settled
 Pakistan consisted of two territorial parts, East
Pakistan (with more population, less territory but
administratively one unit) and West Pakistan
(administratively 4 units). Federalism is meant to
accommodate such kind of diversity maintaining
the unity of the state.
 The provinces were demanding more Autonomy
and Provincial Rights
2: Representation
 Representation at the federal level was another
conflicting issue because East Pakistan and West
Pakistan were different in population and size
 The provinces of West Pakistan were also different
in population and size
 1st BPC Report:
 This committee presented its first report on 28th
September 1950.
 According to this report two houses of the
parliament were proposed.
 Equal powers were proposed for the both Houses
 The Lower on population basis and upper house on
provinces basis
Representation Issue
 2nd BPC report:
 BPC presented its final report on 22nd December
1952
 It proposed two Houses of the Parliament will enjoy
the equal powers and equal representation to East
and West wing
 Upper House: 60, 60
 Lower house 200, 200
 No mention of national Language
Representation
 Muhammad Ali Formula October 1953
 According to this formula Pakistan would have a
bicameral legislature
 Upper House: Equal representation to all five units
 Lower House: More representation to Eastern part
 While in joint session, both wings had equal
representation
East Pak West Pak
Lower House 165 135
Upper House 10 40
Joint Session 175 175
Constitutional Issues

 3: The National Language Issue


 4: Parliamentary or Presidential
 5: The Islamic or Secular State
 In October 1954, Governor General Ghulam
Muhammad dissolved the 1st Constitute Assembly
 2nd Constituent Assembly, Ghulam Muhammad called
a Convention on May 10, 1955
 All its members were to be elected indirectly (by the
provincial assemblies). In this way, the 2nd CA came
into existence
The Constitution of 1956

Salient Features
 Preamble
 Federal System
 Semi-Rigid Constitution
 Unicameral Legislature
 Parliamentary System
 National Languages
 Islamic Provisions

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