Immediate problems:
For the time being the government act of india 1935 became the interim
constitution of Pakistan
Refugee problem :
With partition million of refugees flooded into Pakistan to escape the ruthless
persecutions and massacre in different parts of India. Their accommodation,
shelter, clothing, food and medication had to be ensured before long-term
measures were taken for their permanent settlement.
Canal water dispute :
On April 1, 1948, India blocked river water from Kashmir through Indian territory.
The act of India put the very survival of Pakistan in danger as it would damage the
agriculture of Pakistan.
India's denial to give Pakistan's share of financial and military assets:
When Pakistan came in to being, it had a crippled economy and vulnerable
security. To make things even worse, India did not give an agreed share of
Pakistan's military and financial assets. These and similar other immediate
problems left little time and energy to work on framing a new constitution for
Pakistan.
Fight between liberals and traditionalist
That constitution should be Islamic or democratic. Ulemas said that islam is a
complete code of life. Khilafat system while moderates disagreed that its not
applicable. Draw Islamic principlles and apply them on modern parliamentary
system.
Sense of hate between both wings East and west Pakistan fedralisim
They wanted to being unity in both the wings of Pakistan. East Pakistan wanted
provincial autonomy while west wanted central administration which was not
possible due to distance. Equal representation east pakitan trned into minority.
Bengali being in majority were under the fear of suppression as their demand for
Decca for a capital was rejected. Karachi was made the capital. Imbalance of
power
Absence of national political party
Ater the death of quaid, muslim league became a weak party. Regional parties
emerged but as they were only focoused on their regional interest, constitution
making was delayed. Vested interest that they should have power
Death of Quaid-e-Azam :
The death of Quaid-e-Azam was one of the reason of the delay in the constitution
making. Quaid e Azam had given an outline for the country's future constitution
while addressing the first constitution assembly of Pakistan on August 11,1947.
But he died on september 11,1948, before he could give a constitution to his
people. If he had lived longer he would have resolved the constitution dilemma by
using his leadership and non-controversial status.
Language issue :
Another proposal the Basic Principles Committee had incorporated in it's report
was to declare URDU the national language of Pakistan. Urdu as a national
language was also opposed by East Pakistani members of the Assembly. They
demanded to make Bengali the national language since it was the language of the
majority of people. Thus, language controversy along with the issue of
representation at the centre caused a type of deadlock in the constitution making
of Pakistan.
Objection on objective resolution.
Disagreement over parity of representation :
Objection on objective resolution and problems
The first move towards the constitution making of Pakistan was the passage of
the Objective Resolution by the Constituent Assembly on 12 March,1949. After it
passed the resolution, the assembly delegates the task of drawing basic principles
committee, in light of the set objectives for future constitution-making.
The Basic Principles Committee presented it's first report on September 28,1950,
which recommended parity of representation in the central Assembly. The
proposal of this principle of parity at the centre created controversary as the
assembly members from East Pakistan opposed it. They were of the view that
their representation should be more as they were a majority ( 56% of the total
population) in the new state.
In contrast to what East Pakistan representatives felt, the West Pakistani
politicians did not want a dominant East Pakistan in the central assembly.
Consequently, no agreement was reached and the constitution-making process
was delayed.
Political rivalry and corruption :
After the sad demise of the Quaid e Azam, Muslim league fell victim to intrigue
and disunity. Intense internal strife and selfishness brought about disintegration in
the party. Party fell into the hands of opportunists, who resorted to undemocratic
ways and means; indulging in political mischief and intrigue.
Consequently, little attention was paid to constitution making of Pakistan.
Increasing influence of west Pakistan dominated Bureaucracy and military:
With the death of Prime Minister Liaquat Ali Khan, bureaucrats made in roads to
power corridors. A bureaucrat; Ghulam Muhammad was made the Governor-
General who did not hesitate to dismiss elected prime minister, the constituent
assembly thus also paving the path for retired and in-service military Personnel in
the politics. He made Sikandar Mirza, a retired general as Governor-General,
appoint Ayub khan, the commandant in chief of the armed forces as Defense
minister.
West Pakistani politicians, bureaucrats, and generals did not want to give East
Pakistan their due political and democratic rights. Hence, any proposals made
concerning the constitution seemed to go against the wishes and expectations of
East Pakistan creating a tussle in the constituent assembly.
Political Rivalry and Corruption: After Quaid-e-Azam's death, the Muslim League
was plagued by internal strife and corruption. Opportunists and undemocratic pra
ctices diverted attention from constitution-making.
Increasing Influence of West Pakistan-Dominated Bureaucracy and Military: Follo
wing Prime Minister Liaquat Ali Khan's assassination, bureaucratic and military infl
uence grew. Ghulam Muhammad, a bureaucrat, dismissed elected governments, a
nd military figures like Ayub Khan gained political power, complicating constitution
al efforts.