TLDR;
This video provides a background of the 1956 Constitution of Pakistan, highlighting the challenges and political instability that marked its creation. It covers the period after the death of Quaid-e-Azam, the initial problems faced by Pakistan, and the efforts to frame a constitution. The video discusses the Objectives Resolution of 1949, the Basic Principles Committee, and the various obstacles, including the death of Liaquat Ali Khan, that hindered the constitution-making process. It also explains how the second Constituent Assembly eventually adopted the constitution in 1956 after resolving issues between East and West Pakistan.
- The 1956 Constitution was created amidst political instability and challenges.
- The Objectives Resolution of 1949 laid the foundation for constitution making.
- The death of Liaquat Ali Khan and disagreements between different groups delayed the process.
- The second Constituent Assembly successfully adopted the constitution after resolving key issues between East and West Pakistan.
Introduction [0:06]
The presentation aims to provide a background of the 1956 Constitution of Pakistan, acknowledging it as a period marked by political instability and challenges. The speaker clarifies that this part of Pakistan's constitutional and political history is not a positive one, filled with calamities.
Initial Challenges After Independence [0:50]
Following Pakistan's independence, the death of Quaid-e-Azam in September 1948 created a leadership vacuum. The newly formed state faced numerous problems, and while Quaid-e-Azam was a capable leader, his untimely death was a significant setback. He was replaced by Khawaja Nazimuddin as the second Governor-General of Pakistan.
The First Constituent Assembly [1:54]
Pakistan was tasked with framing a constitution while also dealing with initial state problems. Until a constitution was established, the country was governed by the provisional constitution of 1947, an amended version of the Government of India Act 1935. The first Constituent Assembly was formed to frame laws and create a constitution, comprising 79 members. Although it struggled to create comprehensive laws or a constitution, it passed the Objectives Resolution on March 12, 1949, which laid the groundwork for future constitution-making.
Objectives Resolution of 1949 [3:31]
The Objectives Resolution outlined several key principles: sovereignty belongs to Allah Almighty, the state's affairs will be managed by elected representatives, a federal form of government was proposed, the state will protect the rights of citizens (especially minorities), the concept of an independent judiciary was introduced, Pakistan's relations with other states (particularly Muslim states) were defined, and citizens will have the opportunity to live their lives in accordance with Islamic principles. This resolution provided a solid foundation for future constitution framers.
Basic Principles Committee (BPC) [5:35]
Following the Objectives Resolution, the Basic Principles Committee (BPC) was formed to draft different parts of the constitution. Subcommittees were created for specific areas like legislation, franchise matters, and the structure of the Federation. The BPC presented its first report in September 1950, but it faced controversy.
Controversies and Delays [6:37]
The first report of the BPC triggered controversy, mainly from Bengalis who wanted a 50% share in resources and government due to East Pakistan's larger population. Objections also came from religious scholars (Ulama) who wanted more Islamic provisions in the constitution. These disagreements led to the rejection of the first report.
Death of Liaquat Ali Khan and Subsequent Efforts [7:41]
The assassination of Liaquat Ali Khan on October 16, 1951, further destabilized Pakistan and hindered the constitution-making process. Khawaja Nazimuddin replaced him and attempted to restart the process but failed to gain support from Bengalis and Ulama. His government was toppled in 1953.
Muhammad Ali Bogra's Formula [9:31]
Muhammad Ali Bogra, the then-ambassador to the United States, became Prime Minister and successfully revived the constitution-making process. He introduced a formula acceptable to both Bengalis and Ulama, which was also widely accepted in West Pakistan. The adoption of this formula by the assembly meant that the constitution-making process could proceed smoothly. Bogra hired British Lord drafters to help draft the constitution.
Dissolution of the First Constituent Assembly [10:41]
While the constitution drafting was underway, a bill was passed to curtail the powers of the Governor-General, who responded by dissolving the National Assembly. The Speaker of the Assembly, Maulvi Tamizuddin Khan, challenged this dissolution in court. The Sindh Chief Court initially ruled against the dissolution, but the Federal Court (now the Supreme Court) reversed this decision, dissolving the assembly and directing the Governor-General to form a new assembly for constitution-making.
The Second Constituent Assembly and the One Unit Act [12:26]
The second Constituent Assembly was elected in 1955. Unlike the first assembly, the Muslim League had a significantly reduced majority, necessitating a coalition with the United Democratic Front from East Pakistan. This alliance facilitated the resolution of power and resource distribution issues between East and West Pakistan. The "One Unit Act" of 1955 merged the six western provinces into a single province called West Pakistan, resolving resource distribution issues and establishing a 50/50 parity principle for power-sharing.
Adoption of the 1956 Constitution [14:29]
With the major hurdles resolved, the constitution-making process, which had been stalled for nine years, was completed in a few weeks. In February 1956, the second Constituent Assembly adopted the full-fledged constitution for Pakistan, which was enforced on March 23, 1956. The day a constitution is promulgated is known as the commencing day.