TLDR;
This lecture discusses the process of constitution making in Pakistan from 1947 to 1956. It covers the key stages, including the Objectives Resolution, the Basic Principles Committee reports, the Muhammad Ali Formula, and the eventual adoption of the 1956 Constitution. The lecture also addresses the challenges and debates surrounding issues such as representation, national language, and the balance of power between different regions and institutions.
- Objectives Resolution laid the foundation for the constitution.
- Basic Principles Committee formed to create reports that outlined key principles.
- Muhammad Ali Formula aimed to resolve representation issues.
- The 1956 Constitution was finally adopted after overcoming numerous challenges.
Introduction: Constitution Making in Pakistan (1947-1956) [0:10]
The lecture focuses on the constitution-making process in Pakistan from 1947 to 1956, highlighting the various stages and challenges involved. A constitution is a fundamental document that establishes the framework for governance, defines the powers of institutions, and outlines the relationship between the state and its citizens. At the time of Pakistan's establishment, an interim constitution, a modified version of the Government of India Act 1935, was in place. The task of creating a new constitution was assigned to the Constituent Assembly of Pakistan, which had come into existence in August 1947.
Objectives Resolution and Basic Principles Committee [3:20]
The constitution-making process began with the passing of the Objectives Resolution in March 1949, which outlined the basic principles and foundation of the Constitution. Following this, the Basic Principles Committee was established, comprising members of the Constituent Assembly, to formulate the Constitution. The committee consisted of 24 members, including Muslim and non-Muslim members, as well as women, and had the authority to co-opt additional members if needed. Subcommittees were formed to assist the Basic Principles Committee, each assigned to address specific issues such as federalism, the judiciary, fundamental rights, and the rights of minorities.
First Report of the Basic Principles Committee (1950) [7:52]
The Basic Principles Committee and its subcommittees deliberated on various aspects of constitution making and prepared the Basic Principles Committee First Report, which was presented to the Constituent Assembly in 1950. The report outlined broad principles to serve as the basis for the Constitution. Key recommendations included incorporating the Objectives Resolution as directive principles of policy, electing the head of state (president) by a joint session of parliament for a five-year term, and establishing a bicameral legislature with an upper and lower house. In the Upper House, all provincial units would have equal representation, while in the Lower House, representation would be based on population. Powers were to be equally divided between the two houses, and the cabinet was to be responsible to both houses of Parliament.
Criticism and Review of the First Report [12:52]
The first report faced criticism both within and outside the Constituent Assembly. One major point of contention was the issue of representation, with concerns raised that equal representation for all units of the federation would give the western part of Pakistan more representation due to the higher number of units compared to East Bengal. Other criticisms included the equal powers granted to both houses and the report's silence on the issue of a national language. In response to these criticisms, the Basic Principles Committee decided to review the report, taking into account the comments and concerns raised in the Constituent Assembly.
Second Report of the Basic Principles Committee (1952) [16:19]
In 1952, the Basic Principles Committee presented the second report, a revised version that aimed to address the criticisms of the first report. The second report followed the same principles but tried to accommodate the criticism that was made on the first report. One key change was the adoption of equal representation for both wings of Pakistan, with 60 members from the Eastern wing and 60 from the Western wing in the upper house, and 200 seats for each wing in the lower house. The report also emphasized that lawmaking in Pakistan would be in accordance with the principles of Islam, and recommended the establishment of an Advisory Board of five Aalims to provide guidance on this matter.
Political Crisis and the Muhammad Ali Formula (1953) [22:07]
While the second report was being discussed, a political crisis occurred in Pakistan, leading to Prime Minister Nazimuddin Bogra's removal from office. The new Prime Minister, Muhammad Ali Bogra, took up the matter of constitution making and, in October 1953, presented a new set of proposals known as the Muhammad Ali Formula. This formula revised the original proposals in light of the comments and criticisms received. It proposed equal representation for all units of Pakistan in the Upper House, dividing Pakistan into five units (East Pakistan and four units in West Pakistan), each sending 10 members. In the Lower House, East Pakistan would have 165 members, while West Pakistan would have 135, based on population.
Parity and Interdependence in the Muhammad Ali Formula [27:33]
The Muhammad Ali Formula followed the standard principle of federalism, with equal representation for units in the Upper House and representation based on population in the Lower House. However, it also introduced a unique feature: parity between the two wings of Pakistan in joint sessions of Parliament. East Pakistan, with 10 members in the Upper House and 165 in the Lower House, would have a total of 175 members, while West Pakistan, with 40 members in the Upper House and 135 in the Lower House, would also have 175 members. Additionally, decisions required a majority vote, including at least 30% of members from both the Eastern and Western parts of Pakistan, ensuring interdependence and preventing one wing from dominating the other.
Acceptance and Criticism of the Muhammad Ali Formula [31:21]
The Muhammad Ali Formula was generally well-received compared to previous reports, although it still faced some criticism. Some argued that the process was too complex, with the division of the western part into four units, the allocation of seats, parity at the joint session level, and the 30% clause. Others criticized the equal powers granted to both houses, arguing that the Lower House, representing the people, should have more power. Despite these criticisms, the formula was largely accepted and paved the way for further progress in constitution making.
Settlement of the Language Issue and Drafting of the Constitution [33:34]
A significant development that facilitated constitution making was the settlement of the language issue. In 1954, the Constituent Assembly decided that Bengali and Urdu would be the two national languages of Pakistan. This decision helped to diffuse controversies and was met with satisfaction by most political leaders and parties. Following this, the Constituent Assembly focused on drafting the Constitution, and by the summer of 1954, all basic principles had been agreed upon. By mid-October 1954, a good portion of the Constitution had been drafted, and it was expected that Pakistan would soon have its own constitution.
Dissolution of the Constituent Assembly (1954) [36:55]
However, a sudden development in October 1954 delayed the constitution-making process. On October 24, 1954, Governor-General Ghulam Muhammad dissolved the Constituent Assembly, arguing that it had taken too long to frame a constitution and had become a perpetual body. This action brought the constitution-making effort to a standstill and led to the end of Prime Minister Muhammad Ali Bogra's government. The Governor-General asked Bogra to form a new government, but the dissolution of the Constituent Assembly delayed the process of creating a constitution.
Legal Challenges and the Second Constituent Assembly [39:43]
The dissolution of the Constituent Assembly was challenged in the superior judiciary. The President of the Constituent Assembly, Maulvi Tamizuddin, filed a case, known as the Maulvi Tamizuddin case, which went to the Sindh Chief Court and then to the Federal Court of Pakistan. The Federal Court ultimately ruled that the Governor-General's dissolution of the Constituent Assembly was valid but directed that a new Constituent Assembly be elected. Indirect elections for the second Constituent Assembly were held in June and July 1955, and it began its session in July 1955.
Integration of West Pakistan and Finalization of the Constitution [44:14]
In the second Constituent Assembly, no political party had an absolute majority, unlike the first Constituent Assembly where the Muslim League held a majority. The membership was 80, with 40 members from East Pakistan and 40 from West Pakistan, reflecting the principle of equality and parity. The second Constituent Assembly built upon the work done by the first Constituent Assembly and took up the task of framing the Constitution. The first important step was the integration of the province of West Pakistan, also known as the One Unit Scheme, in which all administrative units in the western part of Pakistan were integrated into a single province. The draft text of the Constitution was released on January 8, 1956, discussed in and outside the Constituent Assembly, and approved on February 29, 1956.
Enforcement of the 1956 Constitution [48:28]
The final step in the constitution-making process was the approval of the Constitution by the Governor-General of Pakistan, Iskander Mirza, who signed it on March 2, 1956. The Constitution was enforced on March 23, 1956, replacing the interim Constitution that had been in place since August 1947. This marked the successful culmination of the long-drawn effort to frame a constitution for Pakistan, giving the country its own constitution.