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Reasons For Constitutional Deadlock 09042021 031552pm 12052022 123833am 03112022 100736am
Reasons For Constitutional Deadlock 09042021 031552pm 12052022 123833am 03112022 100736am
Major Issues
The major issues, the first constituent assembly faced, were about:
1. Federalism
2. Representation
3. Separate or Joint Electorate
4. The National Language Issue
5. Parliamentary or Presidential system
6. The Islamic or Secular State
1: Federalism
There was consensus on federalism but yet there were many issues to be settled. The
main was that Pakistan consisted of two territorial parts, East Pakistan (with more
population, less territory but administratively one unit) and West Pakistan
(administratively 4 units). Federalism is meant to accommodate such kind of diversity
maintaining the unity of the state or country.
Division of power:
It was the most difficult question that how the power would be divided between Centre
and the Provinces. The heritage of British rule gave the tradition of a Strong Centre.
But the provinces were demanding more Autonomy and Provincial Rights.
In the Interim Constitution and the 1956 Constitution tradition of strong centre
continued.
2: Representation
Representation at the federal level was another conflicting issue because East Pakistan
and West Pakistan were different in population and size. On the other hand there was
diversity in Western part of Pakistan. The provinces of West Pakistan were also different
in population and size. All of them were sensitive to their representation and provincial
autonomy.
To have a Standard Formula for the representation of units and population the
Constituent Assembly (CA) formed a Basic Principle Committee (BPC) on March 12,
1949. The primary task of this committee was to frame a set of basic principles for the
future constitution of Pakistan.
Equal powers were proposed for the both Houses. No mention of National Language
was made.
East Bengal opposed this report and Liaqat Ali Khan withdrew it.
This report also faced reaction in both the wings of Pakistan. The principle of parity was
not appreciated in both East Pakistan and Punjab.
Both wings would have equal strength in joint sessions of the two houses.
1957: Joint Electorate was adopted for all Pakistan by the National Assembly.
Opposition against Urdu was there in East Bengal. This became more pronounced after
the death of Jinnah as controversies erupted on constitution making. Language
Movement started in East Pakistan February, 1952.
There was a complaint about anti Bengali language attitude of the federal government.
Two-language formula was adopted in 1954. Since 1973 Urdu was adopted as national
language along with the support for development of regional languages.
5: Parliamentary or Presidential
There was a consensus for parliamentary system. But there was a limited demand for
presidential system. Supporters of Presidential system became dominant after the 1958
military takeover. The 1962 Constitution was a Presidential constitution.
There was a BROAD AGREEMENT that the state will identify itself with Islam. The
Constituent
Assembly took time to define the precise relationship between the state and Islam.
Objectives Resolution
Objectives Resolution rejected theocracy in Pakistan and provided the basic objectives
for the future constitution of Pakistan.
Discussion in the Constituent Assembly and outside continued. There was an active
demand by religious elements for Islamic political system. In this context the leading
Ulema of various sects presented famous 22 points to provide a religious base to the
future constitution.