Indo Pak History-4

Presidential Election (1965)

Miss Fatima Jinnah, popularly acclaimed as the Madar-i-Millat, or “Mother of the Nation” for her role in the Freedom Movement, contested the 1965 elections at the age of 71. Except for her brief tour to East Pakistan in 1954, she had not participated in politics since Independence. After the imposition of Martial Law by Ayub Khan, she once wished the regime well. But after the Martial Law was lifted, she sympathized with the opposition as she was strongly in favor of democratic ideals. Being the Quaid’s sister, she was held in high esteem, and came to symbolize the democratic aspirations of the people. The electoral landscape changed when Miss Fatima Jinnah decided to contest the elections for the President’s office in 1965. She was challenging the incumbent President Ayub Khan in the indirect election, which Ayub Khan had himself instituted.

Presidential candidates for the elections of 1965 were announced before commencement of the Basic Democracy elections, which was to constitute the Electoral College for the Presidential and Assembly elections. There were two major parties contesting the election. The Convention Muslim League and the Combined Opposition Parties. The Combined Opposition Parties consisted of five major opposition parties. It had a nine-point program, which included restoration of direct elections, adult franchise and democratization of the 1962 Constitution. The opposition parties of Combined Opposition Parties were not united and did not possess any unity of thought and action. They were unable to select presidential candidates from amongst themselves; therefore they selected Miss Fatima Jinnah as their candidate.

Elections were held on January 2, 1965. There were four candidates; Ayub Khan, Miss Fatima Jinnah and two obscure persons with no party affiliation. There was a short campaigning period of one month, which was further restricted to nine projection meetings that were organized by the Election Commission and were attended only by the members of the Electoral College and members of the press. The public was barred from attending the projection meetings, which would have enhanced Miss Fatima Jinnah’s image.

Ayub Khan had a great advantage over the rest of the candidates. The Second Amendment of the Constitution confirmed him as President till the election of his successor. Armed with the wide-ranging constitutional powers of a President, he exercised complete control over all governmental machinery during elections. He utilized the state facilities as head of state, not as the President of the Convention Muslim League or a presidential candidate, and didn’t even hesitate to legislate on electoral maters. Bureaucracy and business, the two beneficiaries of the Ayub Khan regime, helped him in his election campaign. Being a political opportunist, he brought all the discontented elements together to support him; students were assured the revision of the University Ordinance and journalists the scrutiny of the Press Laws. Ayub Khan also gathered the support of the ulema who were of the view that Islam does not permit a woman to be the head of an Islamic state.

Miss Jinnah’s greatest advantage was that she was the sister of the Founder of Pakistan. She had detached herself from the political conflicts that had plagued Pakistan after the Founder’s death. The sight of this dynamic lady moving in the streets of big cities, and even in the rural areas of a Muslim country, was both moving and unique. She proclaimed Ayub Khan to be a dictator. Miss Jinnah’s line of attack was that by coming to terms with India on the Indus Water dispute, Ayub had surrendered control of the rivers over to India. Her campaign generated tremendous public enthusiasm. She drew enormous crowds in all cities of East and West Pakistan. The campaign however suffered from a number of drawbacks. An unfair and unequal election campaign, poor finances, and indirect elections through the Basic Democracy System were some of the basic problems she faced.

Miss Fatima Jinnah lost the election of 1965 and Ayub Khan was elected as the President of Pakistan.

It is believed that had the elections been held via direct ballot, Fatima Jinnah would have won. The Electoral College consisted of only 80,000 Basic Democrats, who were easily manipulated. The importance of this election, lay in the fact that a woman was contesting the highest political office of the country. The orthodox religious political parties, including the Jamaat-i-Islami led by Maulana Maududi, which had repeatedly declared that a woman could not hold the highest office of a Muslim country, modified their stance and supported the candidature of Miss Fatima Jinnah. The election showed that the people had no prejudice against women holding high offices, and they could be key players in politics of the country.

Indo-Pak War [September, 1965]

The long-standing border disputes, communal tensions, and conflict over the question of Kashmir flared up in a full-scale war between India and Pakistan in September 1965.

The War of Rann of Kutch

Skirmishes at the Rann of Kutch flared up almost accidentally in the Spring of 1965, and India and Pakistan found themselves drawn into the first of their two undeclared wars.

The dispute goes back to the days of the British rule in India. The Rann was the bone of contention between the princely state Kutch, and the British Indian province of Sindh.

When British India was partitioned, Kutch acceded to India and Sindh to Pakistan. The issue was inherited by these two states along some 3,500 sq. miles of territory. From January 1965 onwards, border incidents became frequent. By all accounts the Indian forces were badly defeated in the Kutch area by the Pakistan army.

At the Commonwealth Conference in Britain, the British Prime Minister Harold Wilson successfully persuaded both India and Pakistan to sign an agreement on June 30 to resolve the dispute. Failing to do so bilaterally, a tribunal was set up to resolve this dispute. This tribunal announced its verdict on February 19, 1965. It gave 350 sq. miles in the northern part to Pakistan and the rest of the Rann area to India.

The War in Kashmir

Events in Kashmir were also moving towards a climax. The Indian Prime Minister Lal Bahadur Shastri added more fuel to the fire by taking steps to absorb Kashmir further into the political body of India and stated that the Kashmir problem occupied a secondary place in successful relations between India and Pakistan.

The application of articles 356 and 357 of the Indian Constitution to the Kashmir State which enabled the President of India to establish Presidential Rule in Kashmir and legislate, there was an effort to amalgamate Kashmir completely into the Indian Union.

Sheikh Abdullah, the Kashmiri leader took extensive foreign tours to enlist international support for the Kashmir cause. But he was arrested and the Kashmir Legislative Assembly adopted the Constitutional Amendments Bill on March 30, providing:

1. The Sardar-i-Riyasat would henceforth be known as Governor and would be appointed by the President of India instead of being elected by the local assembly.

2. The Prime Minister would be styled as a Chief Minister, as in the states of the Indian Union.

The Kashmiri people called for an all out war against Indian imperialism and established a National Government of the people of Jammu and Kashmir. In a spillover effect, Azad Kashmir became increasingly restive. The Indian army made a series of new moves across the ceasefire line with her regular armed forces.

The Lahore Offensive

At 30 AM on September 6, 1965, without a formal declaration of war, Indians crossed the international border of West Pakistan and launched a three-pronged offensive against Lahore, Sialkot and Rajasthan. There was a fierce tank battle on the plains of Punjab. The domestic Indo-Pak conflict transformed into an international conflict and raised Super Power concerns.

The U. S. suspended military supplies to both sides during the Indo-Pak War. Both the Soviet Union and the United States took a united stand to curtail the conflict within the boundaries of the Sub-continent from escalating into a global conflict. China threatened to intervene and offered military support to Pakistan. It was to keep China away from this conflict that both the Soviet Union and the United States pressured the U. N. to arrange for an immediate ceasefire.

The main diplomatic effort to stop the fighting was conducted under the auspices of the United Nations and a ceasefire came into effect on September 23, 1965.

The Soviet Union, which had remained neutral while India and Pakistan were at war, played broker at Tashkent afterwards. A Soviet Government communique formally announced on December 8 that the Indian Prime Minister Shastri and the Pakistani President Ayub would meet at Tashkent on January 4, 1966.

The Tashkent Conference lasted from January 4 to January 10. The Soviet Premier Kosygin earned praise as a peacemaker. The main achievement of the Conference was to withdraw, no later than February 25, 1966, all armed personnel to the position held before August 5, 1964.

The Tashkent Declaration [1966]

In September 1965, the long-standing border dispute, communal tensions, and conflict over the question of Kashmir flared up in a full-scale war between India and Pakistan. Fearing that this regional conflict within the boundaries of Indo-Pakistan would escalate into a conflict of global dimensions, the Soviet Union and the United States pressurized the U. N. to arrange an immediate ceasefire. The diplomatic efforts of the United Nations resulted in a ceasefire that came into effect on September 23, 1965.

The Soviet Union, which had remained neutral when India and Pakistan went to war in September 1965, played the broker afterwards at Tashkent. A Soviet Government communiquŽ formally announced on December 8 that the Indian Prime Minister Lal Bahadur Shastri and the Pakistani President Muhammad Ayub Khan would meet at Tashkent on January 4, 1966. The Tashkent Conference lasted from January 4 to January 10. Largely as due to the efforts of Soviet Premier Kosygin, India and Pakistan signed a declaration that is known as the Tashkent Declaration.

The significant clauses of this agreement were:

1. The Prime Minister of India and the President of Pakistan agree to make all efforts to establish good relations between India and Pakistan in accordance with the United Nations Charter. They affirm to renounce the use of force in the settlement of their disputes.

2. The President of Pakistan and the Indian Prime Minister agree to withdraw, no later than February 25, 1966, all armed personnel to the position held before August 5, 1964.

3. Both India and Pakistan agree to follow the principle of non-interference in their affairs and will discourage the use of any propaganda against each other.

4. Both the countries also agree to reopen normal diplomatic functioning and to return of the High Commissioners of both the countries to their posts.

5. Measures towards the restoration of economic and trade relations, communications, as well as cultural exchanges between the two countries were to be taken. Measures were to be taken to implement the existing agreements between Pakistan and India.

6. Prisoners of war would be repatriated.

7. Discussions would continue relating to the problem of refugees and eviction of illegal immigrants. Both sides will create conditions that will prevent the exodus of the people.

The President of Pakistan and the Indian Prime Minister agreed that both sides would continue to meet at the highest and other levels on matters of direct concern to both the countries. Both the sides recognized the need to set up joint Indo-Pakistan bodies, which would report to their governments in order to decide what further steps need to be taken. In accordance to the Tashkent Declaration, talks at the ministerial level were held on March 1 and 2, 1966. Despite the fact that these talks were unsuccessful, diplomatic exchange continued throughout the spring and summer. No result was achieved out of these talks, as there was a difference of opinion over the Kashmir issue.

Euphoria had built up during the 1965 war, which had led to the development of a public perception that Pakistan was going to win the war. News of the Tashkent Declaration shocked the people who were expecting something quite different. Things further worsened as Ayub Khan refused to comment and went into seclusion instead of taking the people into confidence over the reasons for signing the agreement. Demonstrations and rioting erupted at various places throughout the country. In order to dispel the anger and misgiving of the people, Ayub Khan decided to lay the matter before the people by addressing the nation on January 14.

It was the difference over Tashkent Declaration, which eventually led to the removal of Z. A. Bhutto from Ayub’s government, who later on launched his own party, called the Pakistan People’s Party.

Despite the fact that Ayub Khan was able to satisfy the misgiving of the people, there is no doubt that the Tashkent Declaration greatly damaged the image of Ayub Khan, and became one of the many factors that led to his downfall.

Awami League’s Six-Point Program

In the 1970 National Assembly elections, the mandate of Sheikh Mujib-ur-Rahman’s Awami League Party was based on a Six-Point Program of regional autonomy in a federal Pakistan. Sheikh Mujib-ur-Rahman had presented the Six-Point Program as the constitutional solution of East Pakistan’s problems, in relation to West Pakistan.

First enunciated on February 12, 1966, the six points are as below:

1. The Constitution should provide for a Federation of Pakistan in the true sense on the basis of the Lahore Resolution and for a parliamentary form of government based on the supremacy of a directly elected legislature on the basis of universal adult franchise.

2. The Federal Government shall deal with only two subjects; Defense and Foreign Affairs. All residuary subjects will be vested in the federating states.

3. There should be either two separate, freely convertible currencies for the two Wings, or one currency with two separate reserve banks to prevent inter-Wing flight of capital.

4. The power of taxation and revenue collection shall be vested in the federating units. The Federal Government will receive a share to meet its financial obligations.

5. Economic disparities between the two Wings shall disappear through a series of economic, fiscal, and legal reforms.

6. A militia or paramilitary force must be created in East Pakistan, which at present has no defense of it own.

After the elections of 1970, differences arose between the Government and Awami League on the transfer of power on the basis of this Six-Point Program.

There ensued a political deadlock with talks ending in failure and postponement of the first session of the National Assembly. The postponement of the National Assembly session triggered a chain of events that eventually led to the separation of East Pakistan.

Martial Law under General Yahya Khan [1969-71]

The Tashkent Declaration signed by the Indian Prime Minister Lal Bahadur Shastri and the Pakistani President Muhammad Ayub Khan was not at all approved by the general public, and was regarded as submission to India and humiliation for the nation. Politicians were already unhappy with Ayub Khan whose Government was celebrating the decade of various reforms. But he fell victim to the then Foreign Minister, Zulfiqar Ali Bhutto, who exploited the whole situation. He resigned from office and after forming a party of his own, Pakistan Peoples Party, announced to “defeat the great dictator with the power of the people”. As a result, he and others were arrested.

Ayub Khan tried his best to handle the situation by releasing a number of political prisoners, including the most popular leader of East Pakistan, Sheikh Mujib-ur-Rahman. He held a Round Table Conference in Rawalpindi with all the well-known political leaders in March 1969, but it proved to be a stalemate, with the result that Ayub Khan was forced to hand over power to General Muhammad Yahya Khan, on March 25, 1969. Pakistan was now under the grip of another Martial Law.

Being deeply aware of the explosive political situation in the country, General Yahya Khan set in motion moves to transfer power to the elected representatives of the people and announced that the general elections would be held on October 5, 1970.

Legal Framework Order [1970]

After the abrogation of the Constitution of 1962, Yahya Khan needed a legal framework to hold elections. In April and July 1969, he held discussions with prominent political party leaders to learn their point of view. Most of them asked for the revival of the Constitution of 1956 on the ground that its abrogation had been unlawful, and the country should return to the constitutional position prevailing on the eve of the 1958 coup. Yahya Khan initially agreed with this opinion, but had to change his stance due to opposition from the Awami League.

Not being well versed in constitutional affairs, he appointed a team to draft a new constitutional formula. He voiced his ideas about the constitutional issues in his broadcast address to the nation on November 28, 1969. The formula was officially issued on March 30, 1970, and is known as the Legal Framework Order of 1970. According to this order, One Unit was dissolved in West Pakistan and direct ballot replaced the principle of parity.

The National Assembly was to consist of 313 seats, including 13 seats reserved for women. Women were also allowed to contest the elections from general seats. The distribution of seats was to be as follows:

East Pakistan: 162 general and 7 reserved seats

Punjab: 82 general and 3 reserved seats

Sindh: 27 general and 1 reserved seat

N. W. F. P.: 18 general and 1 reserved seat

Baluchistan: 4 general and 1 reserved seat

Centrally Administered Tribal Areas: 7 general seats

The L. F. O. also defined the qualifications of people who would be allowed to contest in the elections. The Constituent Assembly was to stand dissolved if it was unable to frame the Constitution within 120 days. Actually, the Legal Framework Order was to act as an interim Constitution.

The primary function of the L. F. O. was to provide a setup on which elections could be conducted. It was then the duty of the elected Constituent Assembly to draft the Constitution of Pakistan. However, the L. F. O. defined the directive principles of State policy and made it clear that the future Constitution should not violate these basic principles. The directive principles demanded an Islamic way of life, observation of Islamic moral standards, and teaching of the Quran and Sunnah to the Muslims.

The Legal Framework Order also urged the Constituent Assembly to frame a Constitution in which Pakistan was to be a Federal Republic and should be named Islamic Republic of Pakistan. It also called for the preservation of Islamic Ideology and democratic values. The Constituent Assembly was also supposed to frame a Constitution in which all citizens of Pakistan were to enjoy fundamental human rights. Judiciary should remain independent from the Executive and provincial autonomy is protected.

The President was given the power to reject any Constitution framed by the Constituent Assembly if the document did not fulfill the above-mentioned requirements. The President also had the power to interpret and amend the Constitution, and his decision could not be challenged in a court of law.

General Elections 1970

The political history of Pakistan from 1947 to 1970 witnessed no general elections. Thus, when Yahya’s Regime decided to hold the first general elections on the basis of adult franchise at national level, they were not only required to make a new mechanism but were also required to set up a permanent election machinery. A three-member Election Commission was set up and Justice Abdus Sattar was appointed as the first Chief Election Commissioner of Pakistan.

The first task before the Election Commission was to enroll as voters all citizens of Pakistan who were at least 21-years old on October 1, 1969. The electoral rolls were put before the masses for corrections on January 16, 1970, and after necessary amendments, the final list was published on March 17. The total registered voters in the country were 56,941,500 out of which 31,211,220 were from the Eastern Wing, while 25,730,280 from the Western Wing. The Election Commission also marked the constituencies, in accordance with the seats allocated for the National and Provincial Assemblies under Legal Framework Order, 1970. One hundred and ninety nine Returning Officers were appointed for the National Assembly and 285 Returning Officers were appointed for the Provincial Assemblies.

Twenty four political parties participated in the elections. They were allowed to begin their election campaigns from January 1, 1970. The public meetings of Awami League in Bengal and Pakistan Peoples Party in the Punjab and Sindh attracted huge crowds. Awami League mobilized support on the basis of its Six-Points Program, which was the main attraction in the party’s manifesto. While Z. A. Bhutto’s personality, his socialistic ideas and his slogan of “Rotti, Kapra aur Makan”, meaning food, clothing and shelter, were the factors that contributed to the popularity of Pakistan Peoples Party. The rightist parties raised the religious slogans, while the leftists raised slogans based on regional and communistic ideas.

A total 1,957 candidates filed their nomination papers for 300 National Assembly seats. While after scrutiny and withdrawals, 1,579 contested the elections eventually. None of the political parties filed nominations of their candidates on all the seats. Awami League nominated 170 candidates out of which 162 were for the constituencies in East Pakistan. The party that filed second highest number of candidates was Jamaat-i-Islami. It filed 151 candidates. There were only 120 candidates contesting the elections on the ticket of Pakistan Peoples Party, out of which 103 were from the constituencies in the Punjab and Sindh. Pakistan Peoples Party didn’t nominate a single candidate from East Pakistan. Convention Muslim League nominated 124 candidates, Council Muslim League 119 and Qayyum Muslim League 133.

According to the original schedule, polling for the National Assembly was to be held on October 5 and for the Provincial Assemblies on October 19. However, due to the floods in the East Pakistan, the dates were changed to December 7 and 17, respectively. Elections on nine National Assembly and 18 Provincial Assembly seats, however, could not be held on these dates because of the cyclone that hit a large part of East Pakistan. Elections for these seats were held on January 17, 1971.

According to the results of the elections, Awami League emerged as the single largest party in the National Assembly by winning 160 seats. It was also able to win 288 out of 300 seats in the East Pakistan Assembly. However, the party failed to win even a single seat in the four Provincial Assemblies of West Pakistan. Pakistan Peoples Party managed to win 81 out of 138 seats reserved for West Pakistan in the National Assembly. The party also performed well in the Provincial Assembly polls of the Punjab and Sindh Assemblies.

The election results showed that the rightist parties were completely routed. The biggest reason for this was the division of votes among several candidates on almost every seat. Qayyum Muslim League, Council Muslim League, Convention Muslim League, Jamiyat-i-Ulema-i-Islam, Jamiyat-i-Ulema-i-Pakistan and Jamaat-i-Islami as a whole could only secure 37 National Assembly seats. National Awami Party and Jamiyat-i-Ulema-i-Islam emerged as the prominent parties in the N. W. F. P and Baluchistan Assemblies.

The Separation of East Pakistan [1971]

The separation of East Pakistan was a great setback to Pakistan. By 1970, sentiments for national unity had weakened in East Pakistan to the extent that constant conflict between the two Wings dramatically erupted into mass civil disorder. This tragically resulted in the brutal and violent amputation of Pakistan’s Eastern Wing.

The physical separation of a thousand miles between the two wings without a common border, and being surrounded by Indian territory and influences, led to constant political, economic and social conflicts between the two wings; embittering relations bringing the country on the verge of collapse.

As a result of the separation of its Eastern Wing, Pakistan’s international credit was depleted and the military, being its most powerful institution, suffered a lot. To some, the very concept of Pakistan as the homeland for the Muslims in Southeast Asia no longer appeared valid.

Trouble started right at the inception of Pakistan in 1947. Almost immediately, East Pakistan claimed that as their population (55 percent as compared to 45 percent in the West) was greater, they were in a majority. Democratically, the Federal Capital, therefore, should have been in Dhaka and not in Karachi.

Since Karachi was the seat of the National Government; ministers, government officials and industrialists exerted immense influence on national and regional affairs, which brought them many benefits. But the East Pakistanis were unable to extract the same kind of advantages, as they were a thousand miles away from the Capital. Moreover, the Capital initially attracted wealthy industrialists, businessmen, administrators, doctors and other professionals who had fled from India.

The location of the Capital, it was said, created great economic imbalance, uneven distribution of national wealth and privileges, and better jobs for the people of West Pakistan, because they were able to sway decisions in their own favor.

Secondly, Bengalis resented the vast sums of foreign exchange earned from the sale of jute from East, which were being spent on defense. They questioned how the expenditure for the Kashmir cause would be justified, when it could otherwise have been productively used to build dams and barriers to control floods, eradicate poverty and illiteracy, and supply food and shelter for the ever-growing population in East Pakistan.

Thirdly, the people of the East believed that it was sheer regional prejudice that all white-collar jobs were taken by West Pakistanis.

Many mistakes were made early in the short history of Pakistan. There lived in East Pakistan about 15 million Hindus who, with the help of their fellow West Bengali Indians from across the border, were able to exploit East-West differences that emerged as a result of these mistakes. Grievances were exaggerated to foster anti-West Pakistani feelings that eventually created Bengali Nationalism and separatist tendencies. Bengali political leaders went around depicting the Central Government and West Pakistan as hostile exploiters. However, no effective efforts were made by the Government to check these anti-national trends.

Awami League, formed in 1951, was headed by Sheikh Mujib-ur-Rahman. He had always been an ardent Bengali nationalist. He began to attract popular support from Bengalis in East Pakistan. He put forward his Six Points that demanded more autonomy for the Provinces in general, and East Pakistan in particular. He was arrested in April 1966, and soon released, only to be rearrested and imprisoned in June the same year. He languished in prison until February 1969.

Being deeply aware of the explosive political situation in the country, the then Chief Martial Law Administrator, Yahya Khan, set in motion moves to transfer power to the elected representatives of the people, and announced that the general elections would be held on October 5, 1970.

In all his election speeches, Sheikh Mujib-ur-Rahman reiterated his demand for implementation of his Six Points and provincial autonomy plans.

Indo Pak History-3

Iskander Mirza Becomes Governor General [1955]

In August 1955, Major General Iskander Mirza took over as Governor General when Ghulam Muhammad became too ill to continue. He was confirmed as the fourth Governor General of Pakistan on October 4, 1955.

Iskander Mirza was a civil servant and it is widely believed that he lacked the parliamentary spirit. He was of the view that democratic institutions could not flourish in Pakistan due to lack of training in the field of democracy and low literacy rate of the masses. He wanted a controlled democracy for Pakistan with more powers for the civil bureaucracy. He thought that politicians should be given the power to make policy but not allowed to interfere in administration. Iskander Mirza was also a great advocate of the One Unit scheme and it was under his rule that all the four provinces and the states of West Pakistan were merged into one unit in October 1955.

It was during his tenure that Chaudhry Muhammad Ali presented the 1956 Constitution and Iskander Mirza was elected the first President of Pakistan.

West Pakistan Established as One Unit [1955]

Even after eight years of existence, Pakistan was without a constitution. The main reason was believed to be the fact that there were two unequal wings of Pakistan separated from each other by more than a thousand miles. To diminish the differences between the two regions, the Government of Pakistan decided that all the four provinces and states of West Pakistan should be merged into one unit.

To this end, Prime Minister Muhammad Ali made the first official announcement on November 22, 1954, enumerating the benefits of having one unit or province. On September 30, 1955, the Assembly passed the bill merging 310,000 square miles into a single province, with Lahore as its provincial capital. West Pakistan had formerly comprised three Governor’s provinces, one Chief Commissioner’s province, a number of states that had acceded to Pakistan, and the tribal areas. Geographically, they formed a homogenous block with easy communication, but with marked linguistic and ethnic distinctions. The result of the new bill was to unify these various units into one province to be known as West Pakistan.

The Bill was hailed as a measure of administrative rationalization as it was likely to reduce the administrative expenditure. It was claimed that one unit of West Pakistan would eliminate the curse of provincial prejudices. The problem of representation of various units in the proposed Federal Legislature had been a big hurdle in the way of making a Constitution and it was said that with the removal of this hurdle, the formation of the Constitution would now speed up.

Dr. Khan Sahib was appointed as the first Chief Minister of the One Unit, while Mushtaq Ahmad Gurmani was appointed as the first Governor of West Pakistan. Dr. Khan Sahib’s Ministry, however, came to an end when the President himself took over the administration. Subsequently, Sardar Abdur Rashid and Muzzaffar Ali Qazilbash were appointed Chief Ministers of that province in succession.

While the One Unit scheme in West Pakistan could be supported on various grounds, the method of its establishment was not free from criticism. The government wanted to introduce the One Unit Scheme by an executive decree, which it could not do. So the Central Government dismissed the Ministry in Punjab, Sindh and N. W. F. P. One Unit continued until General Yahya Khan dissolved it on July 1, 1970.

The Constitution of 1956

After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956. Pakistan’s status as a dominion ended and the country was declared an Islamic Republic of Pakistan. Thereupon the Constituent Assembly of Pakistan became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President of Pakistan.

The Constitution of 1956 consisted of 234 articles, which were divided into 13 parts and 6 schedules. One of the main features of the Constitution was its Islamic character. The Islamic provisions were contained in the directive principles of the state policy. Along with other Islamic provisions in the Constitution, the president, who was required to be a Muslim of at least 40 years of age, was to set up an organization for Islamic research with the aim of establishing a true Islamic society. The Objectives Resolution was, however, only made the preamble of the Constitution and not included in its main text.

The Constitution vested the executive authority of the President in the Federation. The President had the discretionary powers to make the appointment of the Chairman and members of the Election Commission, Delimitation Commission and Public Service Commission. He also had the power to appoint the Prime Minister from amongst the members of the National Assembly. However, his appointee had to take a vote of confidence from the Assembly within two months of his appointment. The President also had the power to remove the Prime Minister if he felt that the Prime Minister had lost the confidence of the majority of the National Assembly members.

The Constitution of 1956 provided for parliamentary form of government with a unicameral legislature. The only house of parliament, the National Assembly, was to consist of 300 members. The Constitution recognized the concept of One Unit, and the seats were divided equally between the two wings of the country. Thus the principle of parity was introduced. For the first ten years, five additional seats were reserved for women for each wing. National Assembly was to meet at least twice a year with at least one session at Dhaka. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.

The Constitution provided for federal form of government in the country. The provincial structure was similar to the one in the center. The pattern for the center-province relations was the same as it was in the Government of India Act, 1935. There were federal, provincial and concurrent lists of subjects. There were 30 items in the federal list, 94 items in the provincial list and 19 items in the concurrent list. The federal legislation was to get precedence over provincial legislation regarding the concurrent list. Residuary powers were vested in the provinces. In case of a conflict between center and provinces or between the two provinces, the Chief Justice of the Supreme Court was to act as the mediator.

The Constitution of 1956 was a written and flexible constitution. It advocated the fundamental rights of the individual. However, the President had the power to suspend these rights in case of an emergency. Judiciary was to remain independent. Urdu and Bengali were both accepted as state languages, while English was to remain the official language for the first 25 years. After ten years’ passage of the Constitution, the President was to appoint a commission with the task to make recommendation for the replacement of English as the official language.

The Constitution of 1956 proved to be short lived as on October 7, 1958, Marital Law was promulgated and the constitution was abrogated.

H. S. Suhrawardy Becomes Prime Minister [1956]

Soon after the adoption of the 1956 Constitution, Huseyn Shaheed Suhrawardy replaced Chaudhry Muhammad Ali as Prime Minister on September 12, 1956. Suhrawardy had managed to secure the office for himself by forging an alliance with the Republican Party.

The controversy over One Unit and the appropriate electoral system for Pakistan, whether joint or separate, revived as soon as Suhrawardy became Prime Minster. In West Pakistan, there was strong opposition to the joint electorate by the Muslim League and the religious parties. Suhrawardy and his party in East Pakistan supported the joint electorate. These differences over One Unit and the appropriate electorate caused problems for his government.

Not a man to let setbacks destroy his morale, Suhrawardy thought his political fortunes might change if he scored some success on the economic front during his tenure. Suhrawardy tried to remove the economic disparity between the Eastern and Western wings of the country but to no avail. He also tried unsuccessfully to alleviate the food shortage in the country.

By early 1957, the movement for the dismemberment of the One Unit had started. Suhrawardy was at the mercy of central bureaucracy fighting to save the One Unit. Big business groups in Karachi were lobbying against Suhrawardy’s decision to distribute the better part of the $10 million I. C. A. aid to East Pakistan and to set up a national shipping corporation. Supported by these lobbyists, President Mirza demanded the Prime Minister’s resignation. Suhrawardy requested to seek a vote of confidence in the National Assembly, but this request was turned down. Suhrawardy resigned under threat of dismissal on October 10, 1957.

Iskander Mirza Becomes President [1956]

Governor General Ghulam Muhammad’s despotic and dictatorial policy led Iskander Mirza and his collaborators to force him out of power. Although his removal was necessary, yet another despot, Iskander Mirza, who was the fourth Governor General and then the first President of Pakistan, succeeded him. He was sworn-in as the first President under the 1956 Constitution. During his regime not only was the first Constitution of Pakistan finalized, but also all the provinces and princely states of West Pakistan were knitted together to form One Unit of the West Pakistan Province.

During his tenure from 1956 to 1958, President Iskander Mirza brought about various cabinet changes and advocated a controlled democracy for Pakistan. Muhammad Ali Bogra was the first Prime Minster under Iskander Mirza. Bogra could not stay at this position for long, he resigned and went back to the U. S. A. where he was reinstated as the Ambassador of Pakistan. After Bogra, Chaudhry Muhammad Ali became the next Prime Minster. It was under his premiership that the establishment of One Unit was given practical shape and the Constitution of 1956 was introduced. Huseyn Shaheed Suhrawardy, I. I. Chundrigar and Malik Feroz Khan Noon succeeded him as Prime Ministers under Iskander Mirza’s despotic rule.

In collusion with the Commander-in-Chief, Muhammad Ayub Khan, Iskander Mirza abrogated the Constitution on October 7, 1958 and declared Martial Law. Iskander Mirza and Ayub Khan began the new era with apparent unanimity. Although the two were responsible for bringing about the change, they had different views on dealing with the new situation. Share of power soon led to a struggle between the two, which ended with Iskander Mirza being arrested and exiled to Britain where he later died.

I. I. Chundrigar Becomes Prime Minister [1957]

After merely a year, Suhrawardy resigned from his Premiership in October 1957. His resignation came as a result of the President’s refusal to convene a meeting of the Parliament to seek a vote of confidence. President Iskander Mirza appointed I. I. Chundrigar as the interim Prime Minister. Being a nominated Prime Minister, Chundrigar held a weak position from the very beginning. He headed a coalition government including the Krishak Sramik Party, Nizam-i-Islam Party, the Muslim League and the Republican Party. The Muslim League had agreed to form a coalition government with the Republican Party on the condition that by amending the Electoral Act, the principle of separate electorate would be implemented in the country.

After the formation of the Cabinet, Ministers from East Pakistan and the Republican Party started opposing the proposed amendments. The Republican Party opposed the amendment as it wanted to gain advantage over its political opponent, the Muslim League.

Iskander Mirza exploited the differences between the parties and thus made Chundrigar an easy victim as he remained Prime Minister for only two months and therefore could not give any practical shape to his program.

Malik Feroz Khan Noon Becomes Prime Minister [1957]

On December 16, 1957, Malik Feroz Khan Noon took over the office of Prime Minister from Chundrigar. Malik Feroz Khan Noon was the last in the line of Prime Ministers under the President-ship of Iskander Mirza. Being the leader of the Republican group in the National Assembly, Noon came to power by forging an alliance with five different political groups, Awami League, National Awami Party, Krishak Sramik Party, National Congress and the Scheduled Caste Federation. Though the coalition was dependent on the support of such a large number of political parties, it was able to form a stable government.

The Noon Cabinet was fortunate to have the support of the Bengali and Punjabi group of politicians, reaching an accord between them for the first time. H. S. Suhrawardy’s Awami League Party assured full cooperation to the cabinet of Feroz Khan Noon. President Iskander Mirza was distressed by the alliance of Suhrawardy and Noon. He not only felt a serious threat to his office but also perceived that he had lost his grip over the politicians. He tried to counter by bring other politicians to his side and making alliances with other political parties.

On the other side, in West Pakistan, Muslim League had become quite popular under the leadership of Khan Abdul Qayyum Khan. As events were going against Iskander Mirza, he displayed his willingness to dissolve West Pakistan’s One Unit for his own interests.

President Iskander Mirza also tried to seek the help of Khan Abdul Ghaffar Khan in June 1958, and also started negotiations with the Governor of East Pakistan in order to break the strength of the Awami League there. The tussle for power reached a critical point. The Awami League, being the party in power, affronted the Speaker of the Assembly. The Krishak Sramik Party also criticized the government for its actions. With all these events in progress, an attack on the Deputy Speaker occurred from which he could not survive.

Under these tumultuous circumstances of political instability, President Iskander Mirza turned towards General Ayub Khan, the Commander-in-Chief of the armed forces of Pakistan. At midnight between October 7 and 8, 1958, the President of Pakistan abrogated the Constitution and imposed Martial Law in the country. This brought an end to the term of Malik Feroz Khan Noon, which lasted for less than a year. The Parliamentary Government came to an end in Pakistan, thus setting the stage for the recurrence of Martial Law again and again in the future.

Ouster of President Iskander Mirza – 1958

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the country. General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator.

Iskander Mirza and Ayub Khan had begun the new era with apparent unanimity, jointly describing it as a two-man regime. However, although the two were responsible for bringing about the change, they had different views on dealing with the new situation. Iskander Mirza had not envisaged any change in his previous powers; he wanted to retain the ability to maneuver things according to his own whim. Things however had changed. C. M. L. A. Ayub Khan knew that the real power rested with the army and he was determined to assert himself. Within a week of the proclamation of Martial Law, Iskander Mirza realized the delicate position he had gotten himself into. He regretted his decision and said, “I did not mean to do it” while offering assurances that the Martial Law would be for the shortest possible duration.

The sharing of power soon led to the intensification of the power struggle between the two men. President Mirza tried to balance the power structure by appointing Ayub Khan as Prime Minister on October 24, 1958. The Cabinet he set up consisted entirely of non-political members. This did not satisfy Ayub Khan who had more powers as the Chief Martial Law Administrator. In order to secure himself, Iskander Mirza tried to get the support of Ayub Khan’s rivals within the army and air force. He was however unsuccessful in this attempt.

With the consensus of his military generals, Ayub Khan arrested Iskander Mirza on October 27, 1958. He was exiled to Britain where he later died. After the ouster of Iskander Mirza, General Ayub Khan became the sole power in Pakistan.

Martial Law Under Field Marshal Ayub Khan [1958-62]

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the country. This was the first of many military regimes to mar Pakistan’s history. With this step, the Constitution of 1956 was abrogated, ministers were dismissed, Central and Provincial Assemblies were dissolved and all political activities were banned. General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator. The parliamentary system in Pakistan came to end. Within three weeks of assuming charge on October 27, 1958, Iskander Mirza was ousted by General Ayub Khan, who then declared himself President.

General Ayub Khan gave himself the rank of Field Marshal. Corruption had become so widespread within the national and civic systems of administration that Ayub Khan was welcomed as a national hero by the people.

Soon after coming to power, the new military government promised that they would carry out reforms in the entire government structure and would cleanse the administration of the rampant corruption. A thorough screening process of all government servants was conducted and service records were closely scrutinized. Public servants were tried for misconduct by tribunals consisting of retired judges of the Supreme Court or High Court. If charges were proven, disciplinary action such as dismissal or compulsory retirement of the public servant could take place. A public servant could also be disqualified from holding any public office for 15 years.

About 3,000 officials were dismissed and many others were reduced in rank as a result of these measures. The rest of the government servants were provided with an incentive to working hard. Similarly, a law called the Elective Bodies Disqualification Order, popularly known as E. B. D. O., was promulgated for the disqualification of politicians. Under this law, a person could be disqualified from being a member of any elective body till December 31, 1966. Under this harsh law, several politicians like Suhrawardy and Qayyum Khan were disqualified. The E. B. D. O., particularly its application, was severely criticized in the legal and political circles throughout Pakistan.

After taking over, Ayub Khan focused on the long-standing question of land reforms in West Pakistan. The land reforms included the reduction of land ceiling to 1,000 acres for non-irrigated land and 500 acres for irrigated land and with ownership rights granted to the tenants. The land in excess of these limits was taken over by the government to be distributed amongst the deserving persons.

Ayub Khan also introduced a comprehensive scheme of local government, popularly known as Basic Democracies. This scheme was enforced through the Basic Democracies Order on October 27, 1959. Basic Democracies was a pyramidal plan enabling the people to directly elect to Local Council men they knew, who would in turn elect the upper tier of the administration. Altogether there were 80,000 Basic Democrats elected. To lend legitimacy to his rule, Ayub Khan used the Basic Democrats as an electoral college, holding a referendum to seek a mandate to continue in office as President and to have the authority to frame the future Constitution of Pakistan.

The referendum held on February 14, 1960, asked the voters “if they had confidence in President Field Marshal Muhammad Ayub Khan, Hilal-i-Jurat?” With the results of the referendum, Ayub Khan was elected not only as President of Pakistan for five years, but also got the mandate to give Pakistan a Constitution of his choice.

Ayub Khan set up a Constitution Commission which was not only given the responsibility to make recommendations on the future Constitution, but was also to examine the causes of failure of parliamentary government in Pakistan. The report of the Constitution Commission was presented to Ayub Khan on May 6, 1961. Ayub Khan was not satisfied by the findings. The 1962 Constitution was very different from the recommendation of the Constitution Commission, as Ayub Khan favored a presidential form of government. The 1962 Constitution was promulgated on March 1. This ended the three-and-a-half-year Martial Law regime of Ayub Khan. A civilian constitutional government under Ayub Khan replaced his previous military regime.

Indus Water Treaty [1960]

Pakistan is an agricultural country. Eighty percent of its agricultural output comes from the Indus Basin. Pakistan has one of the world’s largest canal systems built much before Independence by the British. After Independence, problems between the two countries arose over the distribution of water. Rivers flow into Pakistan territory from across India. In 1947, when Punjab was divided between the two countries, many of the canal head-works remained with India. The division of Punjab thus created major problems for irrigation in Pakistan.

On April 1, 1948, India stopped the supply of water to Pakistan from every canal flowing from India to Pakistan. Pakistan protested and India finally agreed on an interim agreement on May 4, 1948. This agreement was not a permanent solution; therefore, Pakistan approached the World Bank in 1952 to help settle the problem permanently. Negotiations were carried out between the two countries through the offices of the World Bank. It was finally in Ayub Khan’s regime that an agreement was signed between India and Pakistan in September 1960. This agreement is known as the Indus Water Treaty.

This treaty divided the use of rivers and canals between the two countries. Pakistan obtained exclusive rights for the three western rivers, namely Indus, Jehlum and Chenab. And India retained rights to the three eastern rivers, namely Ravi, Beas and Sutluj. The treaty also guaranteed ten years of uninterrupted water supply. During this period Pakistan was to build huge dams, financed partly by long-term World Bank loans and compensation money from India. Three multipurpose dams, Warsak, Mangla and Tarbela were built. A system of eight link canals was also built, and the remodeling of existing canals was carried out. Five barrages and a gated siphon were also constructed under this treaty.

The Constitution of 1962

With the aim of investigating the reasons of failure of the parliamentary system in Pakistan, and to make recommendations for a new constitution, Ayub Khan appointed a Constitution Commission under the supervision of Justice Shahab-ud-din. After a number of considerations, the Commission submitted its report on May 6, 1961. Ayub Khan was not satisfied with the report and had it processed through various committees. As a result the Constitution, which was promulgated on March 1, and enforced on June 8, 1962, was entirely different from the one recommended by the Shahab-ud-din Commission.

The Constitution of 1962 consisted of 250 Articles, which were divided into 12 Parts and three Schedules. It advocated presidential form of government with absolute powers vested in the President. The President was to be a Muslim not less than 35 years of age. The term of the President was for five years and nobody could hold the post for more than two consecutive terms. The President was the head of the state as well as the head of the Government. The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions. As the Supreme Commander of the Armed Forces of Pakistan, the appointment of the chiefs of the forces was also his duty.

The Constitution of 1962 provided for a unicameral legislature. The National Assembly was to consist of 156 members, including six women. The Eighth Amendment later increased this number to 218. Principle of parity was retained and seats were distributed equally between the two wings of the country. Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.

According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session. The ordinance needed the approval of the National Assembly within 48 days of its first meeting or 108 days after its promulgation. However, if the President enforced emergency in the country, which according to the constitution was within his jurisdictions, then the ordinances needed no approval from the legislative body.

The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government. There was a federal list of subjects over which the provinces had no jurisdiction. Principle of One Unit for West Pakistan was maintained and the number of seats for Punjab was curtailed to 40 percent in the Western Wing for the initial five years. Provincial Governors were to enjoy the same position in the provinces, which the President was to enjoy in the center.

Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the Republic of Pakistan, but the first amendment added the word “Islamic” to the name. The word “Islam” and not “Quran and Sunnah” was used in the Islamic clauses to give a liberal touch to the Constitution. The Advisory Council of Islamic Ideology was introduced whose job was to recommend to the government ways and means to enable Muslims to live their lives according to the teachings of Islam.

The Constitution of 1962 was a written Constitution upholding the fundamental rights of the citizens. Under the Constitution, the Judiciary had little independence and the appointment of the Chief Justices and Judges of the Supreme and High Courts was in the hands of the President. The President also had the power to remove a judge after an inquiry on misconduct or on the basis of mental or physical illness.

Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official language of the country for the first ten years. The Constitution was flexible in nature and could be amended by a two-third majority in the National Assembly and with the approval of the President. In its short life of seven years, eight amendments were made in the Constitution.

When Ayub Khan handed over power to Yahya Khan, Martial Law was enforced in the country and the Constitution was terminated on March 25, 1969.

Field Marshal Ayub Khan Becomes President [1962-1969]

In March 1962, Ayub Khan suspended the Martial Law and proclaimed the Constitution of 1962. Presidential elections were held in January 1965, and Ayub Khan defeated Miss Fatima Jinnah, Jinnah’s sister, to once again become the President of Pakistan.

During his term, the “Great Decade” was celebrated, which highlighted the development plans executed during ten years of Ayub’s rule. The 1965 War was fought during Ayub’s term and Ayub Khan represented Pakistan in the subsequent Tashkent Talks.

Ayub Khan moved the capital of Pakistan from Karachi to Islamabad in 1965, but could not complete his term due to public pressure.

He handed over power to General Muhammad Yahya Khan on March 25, 1969.

Indo Pak History-2

3.Accession of Princely States

Prior to partition, there existed in British India many semi-autonomous Princely states whose future had to be settled before Britain withdrew from India.

There were some 560 such states all over the Sub-continent. Some fell within Indian territory, others in Pakistan.

On July 25, 1947, Lord Louis Mountbatten (the last Viceroy of India) in his address to the Chamber of Princes advised them that in deciding the question of accession, they should take into consideration communal composition and the geographical location of their states. Nearly all the states accepted the reality of the situation and opted either for Pakistan or India accordingly. But there were four states, Junagadh, Hyderabad, Jodhpur and Kashmir, which defied the principle of partition.

I. Junagadh: The ruler of Junagadh was a Muslim but 80 percent of his subjects were Hindus. On September 15, 1947, the Nawab acceded to Pakistan, despite the fact that his state did not fall within the geographical grouping of Pakistan. India protested, stormed in her troops, and forcibly reversed the Nawab’s decision and Junagadh became a part of India.

II. Hyderabad: Hyderabad, the second of the defiant states was the largest and richest in India. Its population was 85 percent Hindu but the ruler (Nizam) was a Muslim. He was reluctant to accede either to India or Pakistan but was dismissed by Mountbatten for adopting this course. The Nizam was forced by the Indian government and Lord Mountbatten to join India. A standstill agreement was concluded between India and Hyderabad. The Hindu subjects were incited to revolt against the Nizam’s desire to be independent. The whole province suffered turmoil and violence. Hyderabad filed a compliant with the Security Council of the United Nations. Before the hearing could be started, Indian troops entered Hyderabad to “restore order”, and under the pretext of “police action” Hyderabad was forced to join India. The Hyderabad army surrendered on September 17, 1948, and finally Hyderabad was annexed into the Indian Union.

III. Jodhpur: Yet another prince, the Maharaja of Jodhpur, expressed a wish to join Pakistan but Mountbatten warned him that his subjects were mostly Hindus and his accession to Pakistan would create problems. As a result Jodhpur, too, acceded to India.

IV. Kashmir: Please see “Kashmir Crisis”.

Kashmir Crisis [1948]

Kashmir, the last of the defiant states, was the reverse of Hyderabad. It had a Hindu ruler, Maharaja Hari Singh, but his subjects were mostly Muslims, accounting to 78 percent of the total population. The Maharaja was reluctant to join either India or Pakistan. But Lord Mountbatten urged him to take a decision to join either of the states before August 15, 1947.

The Maharaja asked for more time to consider his decision. In the meantime he asked the Indian and the Pakistani government to sign a “standstill agreement” with him. Pakistan consented but India refused.

The local population of Poonch began to press the Maharaja to accede to Pakistan. In August 1947, they held a massive demonstration to protest against the Maharaja’s indecisiveness. The Maharaja panicked. He asked his Hindu paratroopers to open fire, and within a matter of seconds, several hundred Muslims were killed. Rising up against this brutal action, a local barrister called Sardar Muhammad Ibrahim immediately set up the Azad Kashmir government and began to wage guerrilla warfare against the Maharaja.

By October 1947, the war of Kashmir had begun in earnest. The Pathan tribesmen from the North West Frontier Province, wanting to avenge the deaths of their brothers, invaded the valley. On reaching the valley of Kashmir, they defeated the Maharaja’s troops and reached the gates of Srinagar, the capital.

The Maharaja sensing his defeat took refuge in Jammu whence he appealed to India to send troops to halt the onslaught of the tribesmen. India agreed on the condition that Kashmir would accede to India. On October 26, 1947, the Maharaja acceded to India. Lord Mountbatten accepted the accession on behalf of India.

On October 27, 1947, India began to airlift her troops to Srinagar, and launched a full-scale attack on the tribesmen. Pakistan was stunned. Despite her scant military resources, Pakistan was prepared to send in her troops but the British General Gracey, Commander-in-Chief of the Pakistan Army, was against it. Jinnah proposed an immediate ceasefire and later on a fair and free plebiscite in Jammu and Kashmir.

In January 1948, India took the dispute to the Security Council. There it accused Pakistan of aggression and demanded that Pakistan withdraw her tribesmen. But Pakistan held that the accession of Kashmir had been brought about by force. The government requested the Security Council to arrange a cease-fire and asked both the tribesmen and the Indian troops to withdraw so that a free and impartial plebiscite could be held to ascertain the wishes of the people of Kashmir.

While the Kashmir issue was still on the table, the Indian troops launched a full-scale attack and drove the tribesmen right back to the Pakistani border.

Pakistan rushed her regular troops into Kashmir and a full-scale war with India ensued. She took control of the Azad Kashmir Army. But the Security Council on August 13, 1948, called for an immediate ceasefire, the withdrawal of all Pakistani and Indian troops and holding of plebiscite under United Nations’ supervision. Both the Indian and Pakistani governments accepted the resolution.

In January 1949, the resolution began to be implemented. In July 1949, the ceasefire line was demarcated. Pakistan’s side of Kashmir consisted of some parts of Jammu, Poonch, some areas of Western Kashmir, Gilgit, and a great chunk of Ladakh territory near the Chinese border in the North. India kept the valley of Kashmir, Jammu and the remainder of Ladakh territory near the Tibet border.

The cease-fire has remained in existence since 1949. No plebiscite has been held and thus the Kashmir issue still remains disputed and unresolved.

Jinnah Passes Away [1948]

Quaid-i-Azam had been ailing since long before Independence. By the time of Independence, he was quite an old man but still possessing a strong spirit. He hid the debilitating weakness caused by severely advanced tuberculosis. Researchers like Professor Stanley Wolpert believed that by the end, cancer had developed as well. Quaid-i-Azam was convinced that if word of illness leaked out, his opponents would make the most of it. He denied his illness even to himself and remained intent and unflinching so as to achieve the dream of millions of Muslims. He worked almost 24 hours a day and always preferred performing his national obligations to his own ailment.

At the time of independence, he was worn out by his intense struggle and opted to take the position of Governor General instead of that of Prime Minister. It had been proposed that the last Viceroy of India, Lord Mountbatten, be allowed to continue as a joint Governor General of both Pakistan and India. Quaid-i-Azam refused to accept this proposal as he felt that a joint Governor General would not be able to do justice to both the countries. He firmly believed that since Pakistan was a sovereign state, it must be sovereign in all respects with its own executive and government.

By this time, both aging and illness had mounted a terrible toll upon the Quaid. Although the flame still burnt bright, it was now at the cost of his own life. His physicians regularly advised him to take care of his health and to ease back on his work. But he never cared for it and kept on working hard day and night.

After the establishment of Pakistan, India created numerous problems. The refugee problem, the withholding of Pakistani assets by India, and the Kashmir problem were a real test for the Quaid. However, his indomitable will prevailed. He also worked out a sound economic policy, established an independent currency and the State Bank of Pakistan. He selected Karachi as the federal capital. His health deteriorated to such an extent, that he had to go to Ziarat for the restoration of his health. Despite the warning from his physicians, he went to Karachi to inaugurate the State Bank of Pakistan. This was his last public appearance.

His sickness grew more serious until his death on September 11, 1948. He was buried in Karachi amidst the tears of the entire nation mourning an irreparable loss.

Khawaja Nazimuddin Becomes Governor General [1948-1951]

After Pakistan came into being on August 14, 1947, Nazimuddin was appointed the first Chief Minister of the Province of East Bengal. When the founder of Pakistan, Quaid-i-Azam, Muhammad Ali Jinnah died on September 11, 1948, Nazimuddin was appointed as the second Governor General of Pakistan.

Objectives Resolution is passed [1949]

The history of formulation of the constitution of Pakistan begins with the Lahore Resolution in 1940. It was here

that the idea of Pakistan, a separate homeland for the Muslims of India, was first outlined. It came to be known as the Pakistan Resolution.

On June 3, 1947, the British Government accepted in principle the partition of India in order to create two independent dominions of Pakistan and India. The British Parliament passed the Indian Independence Act on July 18, 1947. Accordingly, the new state of Pakistan came into being on August 14, 1947. This new state was formed of East Bengal, a part of Assam (Sylhet), West Punjab, Sindh, N. W. F. P. and Baluchistan provinces of undivided India.

Under Section 8 of the Indian Independence Act of 1947, the Government of India Act of 1935 became, with certain adaptations, the working constitution of Pakistan.

However, the Quaid’s aim was the establishment of a truly Islamic society. As a result, a Constituent Assembly was set up under the Independence Act. The Constituent Assembly had a dual purpose; to draft the constitution of Pakistan and to act as a legislative body till the new constitution was passed and enforced

Objectives Resolution

On March 12, 1949, the Constituent Assembly adopted a resolution moved by Liaquat Ali Khan, the then Prime Minister of Pakistan. It was called the Objectives Resolution. It proclaimed that the future constitution of Pakistan would not be modeled on European pattern, but on the ideology and democratic faith of Islam.

The Objectives Resolution, which is considered to be the “Magna Carta” of Pakistan’s constitutional history, proclaimed the following principles:

1. Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust.

2. The State shall exercise its powers and authority through the chosen representatives of the people.

3. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.

4. Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings of Islam as set out in the Holy Quran and Sunnah.

5. Adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures.

6. Pakistan shall be a federation.

7. Fundamental rights shall be guaranteed.

8. Judiciary shall be independent.

The Objectives Resolution is one of the most important and illuminating documents in the constitutional history of Pakistan. At the time it was passed, Mr. Liaquat Ali Khan called it “the most important occasion in the life of this country, next in importance only to the achievement of independence”.

The importance of this document lies in the fact that it combines the good features of Western and Islamic democracy. It is a happy blend of modernism and Islam. The Objectives Resolution became a part of the constitution of Pakistan in 1985 under the Eighth Amendment.

Basic Principles Committee [1949-1952]

After the Objectives Resolution was passed in 1949, the Constitution Assembly set up a number of committees to draw the future constitution on the basis of the principles given in the Objectives Resolution. The most important among those committees was the Basic Principles Committee set up on March 12, 1949, by Khawaja Nazimuddin on the advice of Prime Minister Liaquat Ali Khan.

The main function of this committee was to determine the basic principles of the future Constitution of Pakistan. The committee comprised 24 members. Maulvi Tamiz-ud-din Khan headed it and Liaquat Ali Khan was its Vice President. The committee presented its interim report to the Legislative Assembly in 1950. This was a short document presenting the guidelines and principles of the future Constitution of Pakistan.

Representatives of East Pakistan raised objections against the report. The main criticism was against the quantum representation in the Central Legislature. East Pakistan, with a majority of the population, was given an equal number of seats in the Upper House as West Pakistan, thus reducing the representation of the majority of the population in Pakistan by one-fifth. East Pakistan representatives also did not like Urdu being declared as the only national language of Pakistan.

Liaquat Ali Khan agreed to consider the objections with an open mind. He, therefore, postponed the deliberation of the Constituent Assembly in order to enable the Basic Principles Committee to examine and consider suggestions that might be made by the people regarding the principles of the Constitution. In order to include public opinion, Liaquat Ali Khan called forth general comments and suggestions by the public on the report. A large number of proposals and suggestions were sent by the public, which were examined by a special subcommittee headed by Sardar Abdur Rab Nishtar. The setting up of the committee was a right and commendable step, but its working was immensely affected by the assassination of Liaquat Ali Khan. The subcommittee, however, gave its report to the Basic Principles Committee in July 1952, which was presented by Khawaja Nazimuddin in the National

According to the Basic Principles Committee Report, the head of the state was to be a Muslim, elected by a joint session with the majority vote of the Central Legislature for a period of five years. The Prime Minister was to be appointed by the head of the state. The Central Legislature was to consist of two houses: the House of Units with 120 members and the House of People with 400 members. There were to be three lists of subjects for the division of power between the Federation and the Units. Adult franchise was introduced. The judiciary was to be headed by the Supreme Court of Pakistan consisting of a Chief Justice and two to six other judges. The Chief Justice was to be appointed by the head of state. There was to be a High Court for each of the units of East Pakistan, Punjab, Sindh Baluchistan and the N. W. F. P. A Board of Ulema was to be set up by the head of state and provincial governors. The Board of Ulema was to examine the law making process to ensure that no law was passed that went against the principles of the Quran and Sunnah. The Objectives Resolution was adopted as a preamble to the proposed Constitution.

The Basic Principles Committee’s report was severely criticized and raised much bitterness between East and West Pakistan. The Prime Minister, Khawaja Nazimuddin, however, welcomed the report and commended it as a valuable document according to the aspirations of the people of Pakistan. But the fact was that the nation was not satisfied with the report and hence there was a serious deadlock in making of the constitution.

Liaquat-Nehru Pact 1950

At the time of independence, many communal riots broke out in different areas of India and Pakistan. These riots had a great impact on the status of minorities in the two nations. Due to brutal killings by the majority community, a huge number of Muslims migrated from India, and Hindus and Sikhs from Pakistan. Yet, the mass migration failed to solve the minority problem. Even after the migration, almost half of the Muslims living in the Sub-continent were left in India and a sizable number of Hindus in Pakistan. Those who were left behind were unable to become an integral part of the societies they were living in. The people and government of their countries looked upon them as suspects. They were unable to assure their countrymen of their loyalty.

This problem escalated during the late 40′s and early 50′s. It seemed as if India and Pakistan were about to fight their second war in the first three years of their independence. At this critical juncture in the history of South Asia, Prime Minister of Pakistan, Liaquat Ali Khan issued a statement emphasizing the need to reach a solution to the problem. He also proposed a meeting with his Indian counterpart to determine how to put an end to the communal riots and the fear of war.

The two Prime Ministers met in Delhi on April 2, 1950, and discussed the matter in detail. The meeting lasted for six long days. On April 8, the two leaders signed an agreement, which was later entitled as Liaquat-Nehru Pact. This pact provided a ‘bill of rights’ for the minorities of India and Pakistan. Its aim was to address the following three issues:

1. To alleviate the fears of the religious minorities on both sides.

2. To elevate communal peace.

3. To create an atmosphere in which the two countries could resolve their other differences.

According to the agreement, the governments of India and Pakistan solemnly agreed that each shall ensure, to the minorities throughout its territories, complete equality of citizenship, irrespective of religion; a full sense of security in respect of life, culture, property and personal honor.

It also guaranteed fundamental human rights of the minorities, such as freedom of movement, speech, occupation and worship. The pact also provided for the minorities to participate in the public life of their country, to hold political or other offices and to serve in their country’s civil and armed forces.

The Liaquat-Nehru Pact provided for the mechanism to deal with oppressive elements with an iron hand. Both the governments decided to set up minority commissions in their countries with the aim of observing and reporting on the implementation of the pact, to ensure that no one breaches the pact and to make recommendations to guarantee its enforcement. Both Minority Commissions were to be headed by a provincial minister and were to have Hindu and Muslim members among its ranks. India and Pakistan also agreed to include representatives of the minority community in the cabinet of the two Bengals, and decided to depute two central ministers, one from each government, to remain in the affected areas for such period as might be necessary. Both the leaders emphasized that the loyalty of the minorities should be reserved for the state in which they were living and for the solution of their problems they should look forward to the government of the country they were living in.

This pact was broadly acknowledged as an optimistic beginning to improve relations between India and Pakistan.

Khawaja Nazimuddin becomes Prime Minister [1951-1953]

Under Quaid-i-Azam’s constitutional framework, executive powers lay with the Prime Minister. When Liaquat Ali Khan was assassinated on October 16, 1951, Khawaja Nazimuddin, who was the Governor General at that time, took over as the second Prime Minister of Pakistan. Ghulam Muhammad, who had been Finance Minister since the inception of Pakistan, was elevated to the post of Governor General.

It was under Prime Minister Khawaja Nazimuddin that the second draft of the Basic Principles Committee was presented to the Constituent Assembly on December 22, 1952. He remained in power till April 1953 when Ghulam Muhammad removed him from the office. Khawaja Nazimuddin’s downfall was not only due to his meekness of character, but also due to the power struggle amongst the various leaders. The movement for Tahaffuz-i-Khatam-i-Nabuwat and the worsening food condition in Punjab caused a lot of trouble for Khawaja Nazimuddin.

The anti-Ahmadiya movement was started in Punjab by the Ahrar and had the support of Mian Mumtaz Daultana, the Chief Minister of Punjab. This movement soon spread to other parts of the country. There were widespread disturbances and the situation in the country soon worsened to the brink of anarchy and civil war. Imposition of Martial Law became imminent. Khawaja Nazimuddin was summoned by the Governor General along with his Cabinet and ordered to resign. Khawaja Nazimuddin declined but was dismissed by Malik Ghulam Muhammad on April 17, 1953. After the dismissal of Khawaja Nazimuddin, the Governor General appointed Muhammad Ali Bogra, an unknown person from East Pakistan, as the Prime Minister.

Most historians agree that the removal of Khawaja Nazimuddin was improper, undemocratic and objectionable because the Prime Minister still enjoyed the confidence of the Parliament. This act set an unhealthy tradition and precedent for the future Presidents who were fond of removing elected governments, thus creating continued instability in the country.

Ghulam Muhammad becomes Governor General [1951]

When Khawaja Nazimuddin took over as Prime Minister in 1951, Ghulam Muhammad was appointed as the Governor General. After coming to power, Ghulam Muhammad wanted to change the status quo of executive powers. To this end, in an undemocratic move, he dismissed the Prime Minister, Khawaja Nazimuddin in April 1953.

After dismissing Khawaja Nazimuddin, the Governor General appointed a rather unknown leader from East Pakistan, Muhammad Ali Bogra, as the Prime Minister. Ghulam Muhammad had also dissolved the Constituent Assembly although the Assembly had accomplished the task of framing the Constitution, and all obstacles in the way of its promulgation had been removed. After coming to power, Bogra declared that the making of the Constitution was one of his primary targets. He worked hard towards accomplishing this task and within six months of assuming power, came out with a constitutional formula known as the Bogra Formula. The Bogra Formula was presented before the Constituent Assembly of Pakistan on October 7, 1953.

A committee was set up to draft the constitution according to the approval of the Constituent Assembly. However, before the constitution could be finalized, Ghulam Muhammad dissolved the Assembly. The Prime Minster, Muhammad Ali Bogra was allowed to continue in office with a new cabinet. This move was apparently to counter a bill passed in the Assembly curtailing the powers of the Governor General. Muhammad Ali Bogra was sworn in again as the Prime Minister and it was promised that fresh elections would be held later on.

Malik Ghulam Muhammad was forced to retire from the post of Governor General due to his failing health and Major General Iskander Mirza, the Minister of Interior, took over the office. Although the expulsion of Ghulam Muhammad from power seemed necessary, yet his successor, Iskander Mirza proved to be a greater menace for the country.

Muhammad Ali Bogra becomes Prime Minister [1953]

Khawaja Nazimuddin was dismissed by the Governor General, Malik Ghulam Muhammad, on April 17, 1953, and replaced by Muhammad Ali Bogra. Bogra was then the Pakistani Ambassador to the United States. After coming to power, he set a new precedent of inviting the Commander-in-Chief of the Pakistan Army to become the Defense Minister.

Governor General Ghulam Muhammad had dissolved the Constituent Assembly although the Assembly had accomplished the task of framing the Constitution and all obstacles in the way of its promulgation were removed. After coming to power, Prime Minister Muhammad Ali Bogra declared that the making of the Constitution was one of his primary targets. He worked hard towards accomplishing this task and within six months of assuming power, he came out with a constitutional formula. His constitutional proposal is know as the Bogra Formula and was presented before the Constituent Assembly of Pakistan on October 7, 1953.

Unlike the two reports of the Basic Principle Committee, the Bogra Formula was appreciated by different sections of the society. There was great enthusiasm amongst the masses as they considered it a plan that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the country. The proposal was discussed in the Constituent Assembly for 13 days. On November 14, 1953, a committee was set up to draft the constitution according to the approval of the Constituent Assembly. However, before the constitution could be finalized, Ghulam Muhammad dissolved the Assembly. The Prime Minster, Muhammad Ali Bogra, was allowed to continue in office with a new cabinet. This move was apparently to counter a bill curtailing the power of the Governor General. Muhammad Ali Bogra was sworn in again as the Prime Minster on October 26, 1954. The new government promised fresh elections.

Muhammad Ali Bogra as Prime Minister of Pakistan worked hard for the settlement of the Kashmir issue. He urged Nehru to settle the Kashmir dispute in order to promote friendly relations between the two countries. Due to his strenuous efforts, the Prime Ministers of both the countries met numerous times in London and Karachi. Letters and telegrams were also exchanged between the leaders of the two countries. As a result of his efforts, Pandit Nehru agreed to hold a free and fair plebiscite in Kashmir. However, in May 1954, the news of American military aid to Pakistan gave Pandit Nehru an excuse to go back on his commitments to hold referendum in Kashmir. Thus Bogra was unable to solve the Kashmir problem. It was during the tenure of Muhammad Ali Bogra that Pakistan joined C. E. N. T. O. and S. E. A. T. O. In August 1955, the Governor General was forced to resign due to ill health and Major General Iskander Mirza was made the acting Governor General. The acting Governor General also dismissed Muhammad Ali Bogra on August 8, 1955.

Bogra – Nehru Negotiations

Muhammad Ali Bogra became the Prime Minister of Pakistan in April 1953. He made an impassioned appeal to Pandit Nehru to settle all outstanding disputes between the two countries. Addressing the parliament he said, “I consider that the maintenance of peace and establishment of friendly relations between India and Pakistan are essential to the peace and stability of Asia”. He stressed the need for the settlement of Kashmir issue without which permanent peace or friendship in the Sub-continent was not possible.

Due to his efforts, the two Prime Ministers met informally in London in June 1953, on the occasion of the Commonwealth Prime Ministers Conference, and again the following month in Karachi. Muhammad Ali urged Nehru to realize the desirability of settling the Kashmir dispute, thus promoting friendly relations between the two countries. Nehru was ready to talk on everything, including philosophy and ethics, but not on Kashmir. Bogra seemed impressed by Nehru’s charm and started calling him “elder brother”, but as far as the Kashmir dispute was concerned, the progress was not nearer to any solution.

The Indian government had to face an uprising in Kashmir in 1953, which they crushed by force. This caused widespread anger and concern in Pakistan. Bogra dashed to New Delhi to confer with Nehru, who at first did not like the idea of meeting him, as “the affairs in Kashmir were no concern of Pakistan”. However, they finally met in August 1953. This resulted in a statement that stressed the following points:

1. It was their opinion that this dispute would be settled in accordance with the wishes of Kashmiris by a fair and impartial plebiscite.

2. The plebiscite administrator should be appointed by the end of April 1954.

3. The preliminary issues that had so far held up progress towards a plebiscite should be decided and actions in implementation thereof should be taken, and with this object in view, committees of military and other experts should be appointed to advise the two Prime Ministers.

4. Progress could only be made in this direction if there was an atmosphere of peace and cooperation between the two countries.

The Delhi meeting was followed by an exchange of letters between the two Prime Ministers. It is said that 27 letters and telegrams were exchanged between August 10, 1953, and September 21, 1954. However, in May 1954, the news of American military aid to Pakistan was published, which gave Pandit Nehru an excuse to go back on his commitments to hold a free vote in Kashmir. Muhammad Ali pointed out the strength of India, and the fact that India was spending three times as much as Pakistan on its armed forces. He warned that a war might engulf the entire Sub-continent. But Nehru’s objections to military aid to Pakistan dominated the correspondence and ultimately wrecked the direct talks with Bogra, which had started with great hope.

Muhammad Ali Bogra soon became convinced that all his efforts for a peaceful settlement of the Kashmir dispute were in vain. In his letter on September 21, 1954, he wrote, “It is with profound regret that I have been led to the conclusion that our talks regarding Kashmir have failed.” However he concluded his letter with the words, “I hope and pray that the conscience and wisdom of men may yet perceive the great injustice and dangers inherent in the continuance of this disastrous dispute.”

Bogra Formula

While taking charge as Prime Minister, Muhammad Ali Bogra declared that formulation of the Constitution was his primary target. He worked hard on this project and within six months of assuming power, came out with a constitutional formula. His constitutional proposal, known as the Bogra Formula, was presented before the Constituent Assembly of Pakistan on October 7, 1953. The plan proposed for a Bicameral Legislature with equal representation for all the five provinces of the country in the Upper House. A total of 50 seats were reserved for the Upper House. The 300 seats for the Lower House were to be allocated to the provinces on the basis of proportionate representation. One hundred and sixty five seats were reserved for East Pakistan, 75 for Punjab, 19 for Sindh and Khairpur, 24 for N. W. F. P., tribal areas and the states located in N. W. F. P., and 17 for Baluchistan, Baluchistan States Union, Bhawalpur and Karachi.

In this way East Pakistan was given more seats in the Lower House than the combined number of seats reserved for the federal capital, the four provinces and the princely states of the Western Wing. So in all, both the wings were to have 175 seats each in the two houses of the Legislative Assembly. Both the houses were given equal power, and in case of a conflict between the two houses, the issue was to be presented before a joint session.

In order to prevent permanent domination by any wing, a provision was made that if the head of the state was from West Pakistan, the Prime Minister was to be from East Pakistan, and vice versa. The two houses of the Legislative Assembly formed the Electoral College for the presidential elections and the President was to be elected for a term of 5 years. In place of the Board of Ulema, the Supreme Court was given the power to decide if a law was in accordance with the basic teachings of the Holy Quran and Sunnah or not.

Unlike the two reports of the Basic Principles Committee, the Bogra Formula was appreciated by different sections of the society. There was great enthusiasm amongst the masses as they considered it as a plan that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the country. The proposal was discussed in the Constituent Assembly for 13 days, and a committee was set to draft the constitution on November 14, 1953. However, before the constitution could be finalized, the Assembly was dissolved by Ghulam Muhammad, the then Governor General of Pakistan

Chaudhry Muhammad Ali Becomes Prime Minister [1955]

On October 24, 1954, Malik Ghulam Muhammad dissolved the Constituent Assembly of Muhammad Ali Bogra on the grounds that it had “lost the confidence of the people”, and declared a state of emergency in the country. Muhammad Ali Bogra, however, remained as the Prime Minister, since he was again invited to form a cabinet known as the Ministry of Talents. On August 8, 1955, he was dismissed by the acting Governor General, Major General Iskander Mirza in the absence of Malik Ghulam Muhammad, who had gone on a temporary leave and was also subsequently forced to resign due to his ill health. Chaudhry Muhammad Ali was appointed as the new Prime Minister on August 11, 1955.

Chaudhry Muhammad Ali’s greatest achievement was framing the Constitution of 1956 and its approval by the Constituent Assembly. The entire country with great joy and enthusiasm celebrated the promulgation of this Constitution on March 23, 1956. The 1956 Constitution was Islamic and democratic in character, acceptable to people of all parts of the country, and had the blessings of almost all schools of thought.

Chaudhry Muhammad Ali, however, could not come up to the bargaining and the deals necessary to reconcile the various interest groups into accepting the One Unit and the adoption of the Constitution. He proved to be a poor politician who failed to control his own party. This ultimately led to his downfall. His greatest blunder was the selection of Dr. Khan Sahib as Chief Minister of the Unified Province of West Pakistan, despite the opposition of the Muslim League. Dr. Khan Sahib was an old Congressman who had opposed the creation of Pakistan, therefore the Muslim League opposed his appointment. Dr. Khan Sahib, however, enjoyed the support of the President Iskander Mirza. He dropped Muslim League members from his cabinet, and by bringing the dissident Muslim Leaguers and other supporters, formed his own party, the Republican Party.

In the Central Government, the Muslim League shared power as a major component of the coalition without being in office in any province. The Republican Party kept growing in number and claimed to be the single largest party in the National Assembly. Prime Minister Chaudhry Muhammad Ali was urged by the Muslim League to act against the West Pakistan Ministry. Chaudhry Muhammad Ali believed that as a Prime Minister, his actions should be governed by the good of the country and not by the resolution of any party. He believed that he was responsible only to the Cabinet and the Parliament. Thus, he refused the demands of the Muslim League. Disgusted with the scenario, Chaudhry Muhammad Ali resigned as a Prime Minister on September 8, 1956, also resigning from his membership of the Muslim League at the same time. His decision to resign of his own accord is considered as a unique example of political decorum in the history of Pakistan.