Chapter No 3: Constitutional Development

Short answer and Questions

[Link] did Pakistan adopt Govt of India Act 1935 as interim constitution after
independence?
After India and Pakistan became free in 1947, it was hard for them to write their
own laws right away. So, they used an older British law, the Government of India
Act of 1935, as a temporary rulebook. This helped keep things running smoothly
until they could create their own permanent laws.
[Link] did the death of Quaid-e-Azam impact the progress of Pakistan's
constitution-making process?
Quaid-e-Azam, Pakistan's leader, shared his ideas for the country's rules in August
1947. But he died in September 1948. His death meant he couldn't guide the
country in making its laws, and many believe his presence would have helped
solve big problems.
[Link] is significance of the Objective Resolution in shaping the Constitutions
of Pakistan?
he Objectives Resolution is a very important paper in Pakistan's history. It set the
main ideas for Pakistan's future laws.
Building Block: It was the key starting point for all of Pakistan's laws (like those
made in 1956, 1962, and 1973).
Guide for Laws: It was used as an introduction (like a "preamble") in the later
constitutions, guiding how the country should be run.
Part of the Law: In 1985, it officially became a permanent part of Pakistan's
Constitution, showing how important it still is.
National Symbol: It shows Pakistan's goal to mix Islamic ideas with democratic
rule, aiming for a successful, peaceful, and progressive nation.
[Link] did the Federal Court of Pakistan impact the fate of the first
Constituent Assembly?
The first assembly that was supposed to write Pakistan's laws was shut down by
Governor-General Ghulam Muhammad in 1954. A local court said this was wrong
and brought the assembly back. But later, Pakistan's highest court said the
Governor-General was right to shut it down. Still, the highest court also agreed
that only an assembly like that could write the country's laws.
[Link] is role of the Islamic Ideology Council in Pakistan's legislative process
under the 1973 constitution?
Establishment of Council of Islamic Ideology: The Council of Islamic Ideology
would be established to guide legislative bodies in making laws in accordance
with Islamic teachings. It would be responsible for adapting all existing laws in an
Islamic shape and examining whether any law in the country contradicts the
Qura'n and Sunnah, to declare it null and void.
[Link] the parliamentary system established under the 1956 Constitution
with the current governance structure in Pakistan.
Both constitutions adopted a parliamentary form of government, but the 1973
Constitution is more evolved in terms of a federal structure, clearly distributing
powers at national and provincial levels. The 1956 Constitution focused on
maintaining unity between East and West Pakistan through a single legislative
house with equal representation, which was a unique attempt to handle regional
diversity.
[Link] the impact of the Basic Democracy system introduced under the
1962 Constitution on Pakistan's political landscape.
The Basic Democracies system, introduced by President Ayub Khan and
incorporated into the 1962 Constitution, had several significant impacts on
Pakistan's political and administrative structure:
1. Limited Public Voting
People could not vote for the President or national leaders directly. Only local
leaders were chosen by the public.
2. More Power to the President
The system gave strong powers to the President and reduced the role of
Parliament.
3. Weak Political Parties
Political parties were not active, and elections were held without party names,
which weakened democracy.
4. Better Local Services
At the village level, it helped with basic needs like water, schools, and roads for
some time.
5. Public Unhappiness
People felt they had no real power. This led to protests and problems later.
Q8List the major reasons behind the abrogation of the 1962 Constitution.
Causes of Failure of 1962 Constitution
1. Lack of Popularity and Legitimacy
 The primary reason for the failure of the 1962 Constitution was its lack of popularity
among the masses. It did not reflect the true aspirations of the people and was perceived
as a one-man show, lacking broad-based support and legitimacy.
2. Absence of Broad-Based Consensus
 The 1962 Constitution was crafted under military rule without broad-based consensus.
This lack of input from diverse stakeholders weakened its legitimacy and contributed to
its eventual failure.
3. Ineffective Enforcement of Fundamental Rights
 Fundamental rights were added to the constitution after the first amendment, but they
were not effectively enforced. People did not enjoy these rights in practice, contributing
to the failure of the constitution.
4. Reduced Provincial Autonomy
 West Pakistan was formed by merging four provinces into one unit, which reduced the
autonomy of these provinces. This contributed to the failure of the constitution.
5. Weak Distribution of Power
 The constitution lacked effective checks and balances, resulting in a weak distribution of
power.
6. Unpopular Presidential Form of Government
 The 1962 Constitution introduced a presidential form of government, which was disliked
by people after experiencing it. They preferred a parliamentary system, contributing to
the unpopularity of the constitution.
7. Domination by the Ruling Party
 The Convention Muslim League, led by Ayub Khan, dominated the assembly without
significant opposition. This allowed the ruling party to shape the constitution according
to its preferences without challenge.
 Detailed Questions and Answers
Q1. Evaluate the role of regionalism and linguistic tensions in delaying the
drafting of Pakistan's constitution.

Pakistan was founded in 1947, and it took nine years until the first constitution was adopted in
1956. This delay was principally caused by deep-rooted regionalism and language issues, which
produced internal splits within the newly formed state
Regionalism.
East vs. West Pakistan Divide:
East Pakistan (now Bangladesh) and West Pakistan, separated by more than 1,000 miles of
Indian land. The two regions had distinct cultural, economic, and social characteristics.
Population Imbalance:
East Pakistan had more than half of the country’s population, yet the political and military power
was concentrated in West Pakistan. This imbalance led to mistrust and demands for fair
representation.
Power Sharing Conflicts:
Disagreements over whether the constitution should reflect population size (benefiting East
Pakistan) or parity (equal representation for both wings) led to long political deadlocks.
Linguistic Tensions
Urdu vs. Bengali Conflict:
The decision to make Urdu the only national language sparked strong protests in East Pakistan,
where the majority spoke Bengali. This linguistic issue symbolized larger concerns of cultural
domination and lack of recognition.
Language Movement (1952):
In East Pakistan, students led a protest demanding that Bengali be recognized as a state language.
The movement turned violent, and several protesters were killed, intensifying the sense of
alienation.
Impact on Constitution Making
Distrust and Division:
These tensions created deep mistrust between the two wings, making it difficult to agree on basic
constitutional principles such as the federal structure, language policy, and representation.

Repeated Constitutional Deadlocks:

The Constituent Assembly struggled to draft a constitution acceptable to all provinces and
communities, leading to repeated delays and eventually the dissolution of the first Constituent
Assembly in 1954.
Q2 Assess the strengths and weaknesses of the presidential system introduced
by the 1962 Constitution of Pakistan, considering its impact on governance and
political stability.

Presidential form of government

The 1962 Constitution, enacted under President Ayub Khan, introduced a presidential form of
government, replacing the parliamentary system. This shift was meant to provide stability and strong
leadership, but it came with both strengths and weaknesses:

1. Strong Central Leadership

o The President had executive powers, allowing quick decision-making and policy
implementation.
o Reduced the chances of frequent government changes and political instability
seen in earlier parliamentary systems.
2. Efficiency in Administration
o Separation of powers between the executive and legislature helped prevent
political interference in administrative affairs.
o The system was designed to avoid legislative deadlock and speed up national
development.
3. Economic Reforms and Development
o Under Ayub Khan's presidency, the country saw major economic and industrial
growth, including reforms in agriculture and the construction of major projects
like dams and roads.
4. Stability and Control
o The centralized system helped in maintaining law and order, especially during
times of unrest and crisis
Weaknesses of the Presidential System

1. Lack of Democratic Representation

o The Basic Democracies system was used to elect the president indirectly, which
limited public participation in decision-making.
o Opposition parties were weakened, and political activity was heavily controlled.
2. Concentration of Power
o Too much power was concentrated in the hands of the president, leading to an
authoritarian rule.
o There were no strong checks and balances to hold the executive accountable.
3. Weak Legislature
o The National Assembly had limited powers and often acted as a rubber stamp for
presidential decisions.
o The voice of smaller provinces and opposition parties was suppressed.
4. Public Discontent and Protests
o The lack of democratic freedoms and political suppression led to mass protests,
especially from students, workers, and political opponents.
o These tensions eventually contributed to the downfall of Ayub Khan in 1969.
Q4:Analyze the impact of the Objectives Resolution on Pakistan's
constitutional history, considering its influence on subsequent
constitutions and the balance between Islamic principles and
democratic governance.
The Objectives Resolution, passed in 1949, was a landmark declaration by Pakistan's first Constituent
Assembly. It had a lasting impact on the country's legal and political framework.
Shaping Pakistan’s Constitutional Identity
 Introduced the idea that Islam and democracy could coexist.
 Aimed to ensure laws aligned with Islamic teachings, while also guaranteeing justice
and equality for all citizens.
2. Influence on Future Constitutions
 1956 Constitution: Included the Resolution in its preamble; declared Pakistan an Islamic
Republic.
 1962 Constitution: Continued its presence but with a more centralized presidential
system.
 1973 Constitution: Reaffirmed Islamic principles and made Islam the state religion.
 1985 Amendment: Made the Resolution a part of the Constitution (Article 2A), giving
it legal authority.
3. Promotion of Islamization
 Used to justify Islamic laws like the Hudood Ordinances.
 Led to the creation of Islamic courts and religious advisory bodies.
4. Balancing Islam and Democracy
Strengths:
 Promoted public participation, justice, and minority rights within an Islamic
framework.
Weaknesses:
 Caused conflict between religious and democratic values.
 Sometimes led to discrimination against minorities and limited secular lawmaking
5. Lasting Impact
 Became a foundation for Islamic lawmaking.
 Still influences court decisions and political debates.
 Criticized for blurring the line between religion and state.
Compare and contrast the 1962 and 1973 Constitutions of Pakistan, highlighting
their approaches to federalism, representation, and the role of Islamic
principles.

Feature 1962 Constitution 1973 Constitution

The constitution introduced a The constitution established a

System of
presidential system, giving all executive parliamentary system where the Prime
Government
powers to the president. Minister held executive authority.

The President was the ceremonial head,

The President was the head of state and
Head of State while the Prime Minister led the
government, combining both roles.
government.

Form of It created a federal government with It provided a federal structure, giving

Government limited power for provinces. more autonomy to provinces.

Members were elected indirectly Members were elected directly through

Representation
through the Basic Democracies system. adult franchise (one person, one vote).

It introduced a bicameral legislature,

It had a unicameral legislature with only
Legislature consisting of the National Assembly and
one National Assembly.
Senate.

It had limited Islamic content, focusing It included strong Islamic clauses and
Islamic Provisions
more on development and stability. declared Islam as the state religion.

Objectives The Objectives Resolution was included It was made an enforceable part of the
Resolution only as a preamble without legal force. Constitution under Article 2A (in 1985).

The judiciary was controlled by the The constitution ensured an independent

Judiciary
executive, limiting its independence. judiciary separate from the executive.

Minority rights were promised but had Minority rights were guaranteed with
Minority Rights
weaker legal backing. stronger legal protections.