Mystery of delayed constitution

A constitution is basically a collection of rules and principles according to which a state and non-state actors within the state are governed. One of the most uphill tasks for the newly created Pakistan was the framing of a comprehensive constitution but the gravity of many other issues made it difficult for the first 9 years. Initially, both countries adopt the Government of India Act 1935 as an interim constitution until they framed their own constitution. India made a proper constitution within the 3 years of its independence. The most important reasons behind the delay of the constitution were the Death of Jinnah, the Kashmir Issue, and political instability till 1956.

The delay in the framing of the first Pakistani constitution was also an initial problem for the newly created Pakistan. Because of this delay, Pakistan struggled in each aspect till 1973. Developments were also made for the framing of the constitution but they remained fruitless till 1956. Again the constitution of 1956 did not survive for too long and was abrogated after 2 years. In this research paper, I have discussed two major concerns that remain a question mark in the delay of the constitution till 1956 what were the reasons behind the delay of the first Pakistani Constitution and what were the constitutional developments from 1947 to 1956?

The researcher has observed and critically analyzed the historical developments for the formulation of the first Pakistani constitution based on careful observance of scholarly articles and research papers.

Reasons behind the delay of first Pakistani constitution:

There were many reasons behind the delay of the first Pakistani constitution but some of the most important reasons were:

The death of Quaid-e-Azam Muhammad Ali Jinnah was one of the important reasons behind the delay. After the independence, Jinnah did not serve the country for too long. Jinnah made the first constituent assembly of Pakistan for the framing of the constitution on August 11, 1947. Because of his death in 1948, he did not give Pakistan a proper constitution. The rest of the leadership of the country also struggled in this matter because of his absence.

Representation in the constitution became a serious problem between West and East Pakistan. Both want more representation in the constitution. The population of East Pakistan was more than the population of West Pakistan so ultimately they wanted more representation. But the problem was that they have less territory than West Pakistan and had only one province while on the other hand, West Pakistan had four provinces and a large territory. They also wanted more representation. So, representation also created a problem in the framing of the constitution.

National language also became a hurdle in the framing of the constitution. In 1948, Jinnah declared Urdu as the national language but after his death, Bengalis intensified this problem and demanded Bengali as the national language of Pakistan. The issue was finally resolved in the 1956 constitution and both of these languages became the national languages of the country.

The division of power between the central and provisional governments also led to many controversies. There was a tradition of a strong central government during British rule but after the independence provinces started demanding more autonomy. The politicians of East Pakistan were demanding maximum provisional autonomy while the politicians of west Pakistan were demanding for a strong central government. This was also a hurdle in the framing of the constitution and how the power is divided between the center and the provinces.

Objective Resolution had already resolved that the future constitution would be based upon the principles of Islam. However, the dispute was on the extent of Islamization and interpretations of Islamic rules. The majority supported the idea of the Islamic form of the constitution but some seculars wanted to see a theological constitution.

The form of government was also a hurdle in the framing of the constitution. The elite of West Pakistan was demanding a unitary with a unicameral legislature and a presidential form of government. The elite of East Pakistan was demanding a federal form of government with a bicameral legislature and a parliamentary form of government. This creates distribution among the elite of East and West Pakistan.

Political instability after the death of Quaid-e-Azam and the assassination of Liaquat Ali Khan became an enormous problem for the newly created Pakistan. Then the political instability in Ghulam Muhammad Khan was also a reason behind the delay of the constitution because there was a frequent change in the cabinet and no proper work for the development of the constitution was done.

Constitutional development from 1947-1956:

The first development of the constitution was taken by Quaid-e-Azam Muhammad Ali Jinnah. The making of First Constituent Assembly in 1947 aim to frame the first proper constitution for Pakistan. The First Constituent Assembly consists of 69 which later on increased to 79. The responsibility of this assembly was also to serve as the national legislature in the country for ordinary law-making. The First Constituent Assembly established the Basic Principles Committee consisting of 25 members. The committee was formed on the advice of Liaquat Ali Khan by Khawaja Nazim-ud-din. Their duty was to formulate the basic principles on which the constitution of Pakistan would be based. They also have to form a structure of legislature in Pakistan. The committee, first of all, passed the ‘Objective Resolution’ on 12 March, 1949.

The resolution was based on democracy, freedom, equality, tolerance, and social justice. It was majorly based upon the principles of Islam, fundamental human rights, and minority rights. This resolution proved to be the base for the development of a future constitution. The Basic Principles Committee presented the first report to the Constituent Assembly. The report basically designed the structure of Pakistan’s legislature but because of some disappointments, it faced a lot of criticism from the people. The second report of the Basic Principles Committee was presented on 22 December 1952. The second report basically represented the principles of Islam and the system depends upon these principles. This report also faced criticism and created controversies among the political Elite of East and West Pakistan. These were the developments made till 1956. These developments provided a basis for the future constitution but faced criticism because of the controversies that exist between the peoples of East and West Pakistan.

Conclusion:

The major reasons behind the delay of the first Pakistani constitution were the death of Jinnah, the representation problem between East and West Pakistan, the language problem, the division of power between East and West Pakistan, Islamization or Secularism, a form of government that either it would be a presidential form of government or parliamentary form of government and the political instability in West Pakistan. There were also some developments made for the framing of the constitution but they proved useless till 1973. The developments include the formation of the First Constituent Assembly, Objective Resolution, Basic Principles Committee, and First and Second Report of Basic Principles Committee. The developments faced criticism because of the divisions that existed between the Elite of East and West Pakistan. The most difficult task for the newly created Pakistan was the framing of the constitution because without a proper and comprehensive constitution a country did not have a stable political system. The absence of a comprehensive constitution was a reason behind the political instability and this instability was a reason behind the delay. There were many other issues that were also the reason behind the delay of the constitution. If we talk about the major issue, then it was the elite political division between East and West Pakistan that created many hurdles in framing the constitution. The research paper covers the reasons behind the delay of the First Pakistani Constitution which was the need of the hour at that but these reasons made it impossible for the first 9 years. There were certain developments made for the framing of the constitution but all in vain till the development of a comprehensive constitution. Some developments provide a base to the future constitutions that how Pakistan would design its future constitution.

References:

Akber, N. (2020, April 27). Reasons for Delay in the Constitution Making of Pakistan. Retrieved from Content generate: https://contentgenerate.com/reasons-for-delay-in-the-constitution-making-of-pakistan/
Muhammad Rizwan, M. A. (2018, November 22). Constitutional Dilemma of Pakistan. Retrieved from GLSR journal: http://dx.doi.org/10.31703/glsr.2018(III-I).01
Raja, S. H. (2020, May 2). Constitution-Making in Pakistan during 1950s: Causes of Delay. Retrieved from shahidhraja: https://shahidhraja.medium.com/constitution-making-in-pakistan-during-1950s-causes-of-delay-562376c7ba4