Short Notes

First Constituent Assembly of Pakistan (1947-1954)

The First Constituent Assembly of Pakistan came into existence under the Indian
Independence Act 1947, at the time of independence. Its roots went back to 1946 when
elections for the constituent assembly of United India were held to decide the destiny of the
All-India Muslim League. With the acceptance of the 3rd June plan, a separate constituent
assembly was formulated for Pakistan.
The inaugural session of the first constituent assembly of Pakistan was held in Karachi in
August 1947. Subsequently, Jinnah was elected as the president of the Constituent Assembly
of Pakistan, on 11th August 1947 and Maulvi Tamizuddin Khan as its Deputy President. The
Constituent Assembly of Pakistan functioned from 1947 to 1954 and involved two major
parties—the Muslim League representing all Muslims except for a few and The Congress
Party representing the twelve million Hindus in Pakistan.
There were 69 members in the constituent assembly; this number was increased to 79 later
to give representation to princely states and refugees. The mode of elections was based on
separate electorates. There was a clear majority of Muslim League in the Constituent
Assembly of Pakistan, with 60 members out of the total 79. The second major party was
Pakistan National Congress with 11 members; and the third party was the Azad Group with 3
members, a number which later decreased to 1. The Constituent Assembly of Pakistan was
not able to work properly because its seats remained empty and some members migrated to
India.
Under the Indian Independence Act Constituent Assembly of Pakistan was given two tasks –
to prepare a constitution and to act as the federal legislature. The functions of the central
legislature under the Government of India Act 1935 were granted to the Constituent
Assembly. The final sketch of the constitution was prepared and the Constituent Assembly
was near to the completion of its purpose. But at this point, the Constituent Assembly was
suspended by Governor-General Ghulam Muhammad, on 24th October 1954. He stated that
the Constituent Assembly had lost the confidence of the people; this ruined the efforts of
the first Constituent Assembly of Pakistan which had been working towards formulating a
viable constitution for seven years.

Objectives Resolution (1949)

Objectives Resolution is one of the most important documents in the constitutional history
of Pakistan. It was passed by the first Constituent Assembly on 12th March 1949 under the
leadership of Liaquat Ali Khan. The Objectives Resolution is one of the most important and
illuminating documents in the constitutional history of Pakistan. It laid down the objectives
on which the future constitution of the country was to be based and it proved to be the
foundational stone of the constitutional development in Pakistan.
Objective Resolution was presented in the Constituent Assembly by Liaquat Ali Khan on
March 7, 1949, and was debated for five days by the members from both the treasury and
opposition benches. The resolution was ultimately passed on March 12. Following were the
main features of the Objectives Resolution:
 The sovereignty of the entire Universe belongs to Allah alone.
 There should be a federal form of government with the maximum autonomy for the
Units.
 Principles of democracy, freedom, equality, tolerance, and social justice, as inshore
by Islam should be followed.
 Minorities can freely profess and practice their religion.
 Independence of judiciary should be guaranteed.
After a great debate finally, the resolution was adopted by the Constituent Assembly on
March 12, 1949. Liaquat Ali Khan assured the minorities that they will get all the
fundamental rights in Pakistan once the constitution based on the Objectives Resolution will
be enforced. However, this resolution created a division on the communal lines as the
Muslim members except for Mian Iftikharuddin voted in favor of it and the non-Muslim
opposed it. It created a suspicion in the mind of minorities against the majority. Since the
Resolution has yet not been implemented in Pakistan in the true spirit, the doubts in the
minds of the minorities still exist.

One UNIT
When Pakistan came into existence the geography of Pakistan was completely confusing in a
sense of divisional land. The land of Pakistan was geographically divided into two parts
which were known as East Pakistan (now current Bangladesh) and West Pakistan (Islamic
Republic of Pakistan). It is crystal clear that East Pakistan was separated from West Pakistan
with a vast expanse of land. On the other hand, West Pakistan was itself divided into four
provinces. East Pakistan was considered one province. It was difficult for east Pakistani to be
prosperous with the privileges which it had. So, there were a lot of hurdles between east
and west. Such as language issues, sharing of powers, etc. additionally West Pakistan was
more developed and it had a strong military and bureaucracy.
In this way, equality between east and west would come to the surface. On 30th September
a bill was passed in the assembly in the favor of one unit. Furthermore, Lahore was declared
the capital of one unit. The land of West Pakistan was controlled by three governors which
became under a chief commissioner. Knowing the fact, the one unit’s first governor was
appointed as Mushtaque Ahmed Gurmani and the first chief minister was dr. khan sahib.
The question arises here whether the merging of all West Pakistan provinces was the
consent of all the units of the provinces or not. The answer would be “NO” because when
the campaign of one unit was initiated, firstly it was opposed by the Sindh assembly. It is
clear as day that the center or federal government has been strong all the time. The then
chief minister was dismissed Pirzada Abdul Sattar was dismissed by Ghulam Muhammad.
The fact cannot be denied that the merging of the provinces created further troubles and
tribulations. The circumstances of one unit could not bring prosperity and development to
the country. One unit continued until general Yahya khan dissolved it on July 1st, 1970.
To conclude, one unit created more problems internally in West Pakistan. With one unit of
West Pakistan neither the disparity of East Pakistan was removed nor was any other issue
was resolved.

Central Treaty Organization:

Central Treaty Organization (CENTO), formerly Middle East Treaty Organization, or Baghdad
Pact Organization, mutual security organization dating from 1955 to 1979 and composed of
Turkey, Iran, Pakistan, and the United Kingdom. Until March 1959 the organization was
known as the Middle East Treaty Organization, included Iraq, and had its headquarters in
Baghdad.
Formed at the urging of Britain and the United States, the Central Treaty Organization was
intended to counter the threat of Soviet expansion into vital Middle East oil-producing
regions. It was never very effective. Iraq withdrew from the alliance in 1959 after its anti-
Soviet monarchy was overthrown. That same year the United States became an associate
member, the name of the organization was changed to CENTO, and its headquarters was
moved to Ankara. Following the fall of the shah in 1979, Iran withdrew, and CENTO was
dissolved.

Southeast Asia Treaty Organization:

Southeast Asia Treaty Organization (SEATO), regional-defense organization from 1955 to
1977, created by the Southeast Asia Collective Defence Treaty, signed at Manila on
September 8, 1954, by representatives of Australia, France, New Zealand, Pakistan, the
Philippines, Thailand, the United Kingdom, and the United States. The treaty came into force
on February 19, 1955. Pakistan withdrew in 1968, and France suspended financial support in
1975. The organization held its final exercise on February 20, 1976, and formally ended on
June 30, 1977.
The formation of SEATO was a response to the demand that the Southeast Asian area be
protected against communist expansionism, especially as manifested through military
aggression in Korea and Indochina and through subversion backed by organized armed
forces in Malaysia and the Philippines. Vietnam, Cambodia, and Laos (the successor states of
Indochina) were not considered for membership in SEATO for reasons that related to the
Geneva agreements of 1954 on Vietnam. These states were, however, accorded military
protection by a protocol. Other nations of South and Southeast Asia preferred to retain their
foreign policies of nonalignment.
The treaty defined its purposes as defensive only and included provisions for self-help and
mutual aid in preventing and countering subversive activities from without and cooperation
in promoting economic and social progress. SEATO had no standing forces but relied on the
mobile striking power of its member states, which engaged in combined military exercises.

Indus Waters Treaty

Indus Waters Treaty, treaty, signed on September 19, 1960, between India and Pakistan and
brokered by the World Bank. The treaty fixed and delimited the rights and obligations of
both countries concerning the use of the waters of the Indus River system.
The Indus River rises in the southwestern Tibet Autonomous Region of China and flows
through the disputed Kashmir region and then into Pakistan to drain into the Arabian Sea. It
is joined by numerous tributaries, notably those of the eastern Punjab Plain—the Jhelum,
Chenab, Ravi, Beas, and Sutlej rivers. The Indus River system has been used for irrigation
since time immemorial. Modern irrigation engineering work began about 1850. During the
period of British rule in India, large canal systems were constructed, and old canal systems
and inundation channels were revived and modernized. However, in 1947 British India was
partitioned, resulting in the creation of an independent India and West Pakistan (later called
Pakistan). The water system was thus bifurcated, with the headworks in India and the canals
running through Pakistan. After the expiration of the short-term Standstill Agreement of
1947, on April 1, 1948, India began withholding water from canals that flowed into Pakistan.
The Inter-Dominion Accord of May 4, 1948, required India to provide water to the Pakistani
parts of the basin in return for annual payments. This too was intended as a stopgap
measure, with further talks to take place in hopes of reaching a permanent solution.
Negotiations soon came to a standstill, however, with neither side willing to compromise. In
1951 David Lilienthal, former head of both the Tennessee Valley Authority and the U.S.
Atomic Energy Commission, visited the region for the purpose of researching articles that he
was to write for Collier’s magazine. He suggested that India and Pakistan should work
toward an agreement to jointly develop and administer the Indus River system, possibly with
advice and financing from the World Bank. Eugene Black, who was then the president of the
World Bank, agreed. At his suggestion, engineers from each country formed a working
group, with engineers from the World Bank offering advice. Political considerations,
however, prevented even these technical discussions from arriving at an agreement. In 1954
the World Bank submitted a proposal for a solution to the impasse. After six years of talks,
Indian Prime Minister Jawaharlal Nehru and Pakistani President Mohammad Ayub Khan
signed the Indus Waters Treaty in September 1960.
The treaty gave the waters of the western rivers—the Indus, Jhelum, and Chenab—to
Pakistan and those of the eastern rivers—the Ravi, Beas, and Sutlej—to India. It also
provided for the funding and building of dams, link canals, barrages, and tube wells—
notably the Tarbela Dam on the Indus River and the Mangla Dam on the Jhelum River. These
helped provide water to Pakistan in the amounts that it had previously received from the
rivers now assigned to India’s exclusive use. Much of the financing was contributed by
member countries of the World Bank. The treaty required the creation of a Permanent Indus
Commission, with a commissioner from each country, in order to maintain a channel for
communication and to try to resolve questions about implementation of the treaty. In
addition, a mechanism for resolving disputes was provided.

Numerous disputes were peacefully settled over the years through the Permanent Indus
Commission. In a significant challenge to the treaty, in 2017 India completed the building of
the Kishanganga dam in Kashmir and continued work on the Rattle hydroelectric power
station on the Chenab River despite Pakistan’s objections and amid ongoing negotiations
with the World Bank over whether the designs of those projects violated the terms of the
treaty.

Tashkent Declaration
Tashkent Declaration, also called Tashkent Agreement, accord signed on January 10, 1966, by
India’s Prime Minister Lal Bahadur Shastri (who died the next day) and Pakistan’s President
Mohammad Ayub Khan, ending the war between Pakistan and India that occurred from
August 1965 to September 1965. A cease-fire had been secured by the United Nations
Security Council on September 22, 1965.
In order to secure a more permanent settlement of the conflict, a meeting was held at
Tashkent in the Uzbek Soviet Socialist Republic (present-day Uzbekistan) in January 1966.
The agreement was mediated by Soviet Premier Aleksey Kosygin, who had invited Shastri
and Ayub to Tashkent. The two men, as the Tashkent Declaration states, expressed “their
firm resolve to restore normal and peaceful relations between their countries and to
promote understanding and friendly relations between their peoples.” The declaration
included the following pledges, agreed to by Ayub and Shastri:
To “exert all efforts to create good neighborly relations between India and Pakistan in
accordance with the United Nations Charter”
To “settle…disputes through peaceful means” and “not to have recourse to force”
To withdraw “all armed personnel” no later than February 25, 1966, and to move those
personnel “to the positions they held prior to 5 August 1965,” with both countries to
“observe the cease-fire terms on the cease-fire line”
To maintain cross-border relations “based on the principle of non-interference in the
internal affairs of each other”
To “discourage any propaganda directed against the other country, and…encourage
propaganda which promotes the development of friendly relations between the two
countries”
To return the countries’ respective high commissioners to their posts and restore “the
normal functioning of diplomatic missions” while also observing the Vienna Convention on
Diplomatic Relations of 1961
To “consider measures towards the restoration of economic and trade relations,
communications, as well as cultural exchanges between India and Pakistan”
To repatriate prisoners of war
To “continue the discussion of questions relating to the problems of refugees and
evictions/illegal immigrations,” to “create conditions which will prevent the exodus of
people,” and to “discuss the return of the property and assets taken over by either side in
connexion with the conflict”
To “continue meetings both at the highest and at other levels on matters of direct concern to
both countries”
In Pakistan the outcomes of the Indo-Pakistani War of 1965 and the Tashkent Declaration
were significant. The country had entered the war with the belief that India would still be
recovering from the losses it had experienced during the Sino-Indian War of 1962 and that
Pakistan would achieve an easy victory. At that time Pakistan was also strengthened by its
military partnership with the United States, which had enabled it to significantly upgrade its
weaponry. But when the U.S. stopped providing aid to Pakistan during the war, claiming that
Pakistan had violated U.S. restrictions when it used U.S. weapons against India, Pakistan
became increasingly dependent on China for weapons, which had long-term geopolitical
effects in the region.
Pakistani officials were also divided in their views of the Tashkent Declaration. Zulfikar Ali
Bhutto, Pakistan’s foreign minister, took a hard-liner stance and was against signing an
agreement, while Ayub, who was eventually blamed for what was believed in Pakistan to be
an unfavourable compromise, went ahead with the agreement. These differences led to
Bhutto’s removal from Ayub’s government; Bhutto would then go on to form the Pakistan
People’s Party, which would play a key role in Pakistan politics for decades. Ayub was forced
to resign in 1969.
In India the accomplishment of the declaration was overshadowed by Shastri’s death in
Tashkent on January 11, 1966, the day after he signed it. Controversy continues to surround
his death, which was attributed to cardiac arrest at the time. Multiple conspiracy theories
abound, and the Indian government has refused to declassify documents related to the
matter. Shastri’s death was followed by the death (in an airplane crash) of India’s foremost
nuclear scientist, Homi Bhabha, 13 days later; the timing furthered the conspiracy theories,
though none have been proven. The agreement itself was criticized because it did not
include a no-war pact or any renunciation of guerrilla aggression in Kashmir.
Despite these controversies and criticism, the Tashkent Declaration was successful in helping
to de-escalate tensions between India and Pakistan, and it brought to an end a costly conflict
that highlighted the military inexperience of both countries.

Legal Framework Order (1970)

After becoming the Chief Martial Law Administrator in 1969, Yahya Khan announced to
conduct free and fair elections and gave an assurance that a new constitution would be
made soon. In March 1970 he announced the Legal Framework Order that determined
principles for the future constitution of Pakistan
The salient features of the LFO 1970 are as below:
1: The National Assembly of Pakistan will consist of 313 seats with 13 seats reserved for
women. Out of 313, 169 seats were reserved for East Pakistan, 85 for Punjab, 28 for Sindh,
19 for NWFP, 5 for Baluchistan, and 7 seats were allotted to the tribal areas.
2: The elections for National Assembly will be held on 5 October 1970 and for provincial
assemblies not later than 22 October.
3: The new constitution of Pakistan will follow these principles:
a: Pakistan will be the Federal Republic and will be known as the Islamic Republic of Pakistan
b: The head of the Pakistan state would be a Muslim and the divinity of Islam will be
preserved in the constitution.
c: The center will remain strong while all provinces will be given maximum autonomy.
d: The state will try to eliminate economic disparities in the society and the citizens of the
country will be able to participate actively in the affairs of the state.
e: The Constituent Assembly was to stand dissolved if it was unable to frame the
Constitution within 120 days.
4: The LFO specified the number of conditions and qualifications. Any contesting political
party failing to fulfill the requirement will not be allowed to participate in the elections.
5: on 1st July 1970 dissolved the One-Unit scheme and Baluchistan was given status of
separate province.

Six-Points of Sheikh Mujib-ur-Rehman

Sheikh Mujib-ur-Rehman was the founder of Bangladesh. During the rule of Ayub Khan and
Yahya Khan, he played a bouncy role in Pakistan politics and became prominent especially
when he presented a Six-Point formula in 1966, in collaboration with his party and
demanded the Pakistan government to implement his six points in every way to the fullest
extent. The Government of Pakistan disliked his idea that was prone to make the center
significantly weak and the provinces predominantly independent. But his Awami League
urged the Government to encompass all the six points in the new constitution that was to be
framed by the new Constituent Assembly. Sheikh Mujib and his party showed extreme
rigidity when asked to amend or modify a few points. Though at times he agreed to take a
reasonable view of his points, especially before the elections of 1970, yet at every juncture,
he backed out and stuck to the Six-Point formula that had made him exceedingly popular
among the people of Bengal. All the members of the Awami League were so emotional that
they pledged to make every sacrifice to implement the Six-Point formula. And it was the very
formula that aroused them to civil disobedience and to defy the authority of the central
government.
The Six-Point formula comprised the following points:
1: Federal Form of Government on the basis of Lahore Resolution 1940.
2: The federal government will be restricted only to foreign affairs, defense and currency.
3: There would be either two different currencies for the two wings
4: The power of implementing and collecting taxes would rest with the provinces. The
federal government will be given enough shares to fulfill its tasks of foreign
affairs and defense.
5: There would be separate accounts of foreign exchange earnings for each wing.
6: East Pakistan would be entitled to have militia or paramilitary force solely under its
jurisdiction.

Elections of 1970
After becoming the President of Pakistan in 1969 General Yahya Khan announced that very
soon the free elections would be held in Pakistan on an adult franchise and party basis to
establish a democratic government in the country. For that purpose, a three-member
Election Commission was formed under the chairmanship of Justice Abdus Sattar as the
Chief Election Commissioner.
The electoral rolls were printed both in Bengali and Urdu for East and West Pakistan
respectively. The elections which were initially due on 5 October 1970 for the National
Assembly and on 19 October for the provincial assemblies were postponed till December of
the same year because of the severe monsoon floods in the eastern wing in August. The new
dates announced were 7 and 17 December 1970. the political parties were allowed to start
campaigning. A total of twenty-four political parties participated in the elections. Mainly
there were two types of parties, religious and secular.
The religious parties included the convention Muslim League, Qayyum Muslim League,
Pakistan Muslim League, Pakistan Democratic Party, Jamiat-ul-Ulama-e-Islam, Jamiat-ul-
Ulama-e-Pakistan, and Jamiat-e-Islam Party among many others. These religious parties
called for the Islamization of the country. Despite having a common attitude, they differed
on certain points from one another and could not unite on a single platform. The regime of
Yahya Khan was supporting the religious parties for their conservative stance that seemed to
uphold a strong central government. Among the secular parties, the two most prominent
and popular political parties that received immense public support from the masses were
the Pakistan People’s Party being led by Zulfiqar Ali Bhutto and the Awami League of Sheikh
Mujib-ur-Rehman. Their prime focus was on economic issues. Both Bhutto and Mujib
possessed extraordinary and charismatic appeals in their personalities for people of all ages
and professions. However, the popularity of Bhutto and Mujib was restricted within West
Pakistan and East Pakistan respectively.
The PPP was also a great advocate of the Kashmir cause, unlike AL. With a slogan of roti,
kapra or makan Bhutto promised economic prosperity to the nation and amassed
commoners under the PPP’s flag.
Drastic differences between the two leading political parties became even more obvious and
their regional outlook became prominent with the election campaign. The Awami League
popularized its Six-Points and declared that at the cost of the eastern wing’s products the
western wing was prospering but was depriving them of their due share. They argued that
Bengal was being treated as a “colony” of the west wing. The PPP, on the other hand, was
emphasizing on economic problems of the whole country but at the same time, it closed
down its branch in East Pakistan and thus proved itself to be the representative of only the
West Pakistanis.
It was decided in the Legal Framework Order of 1970 that the National Assembly of Pakistan
will consist of 313 seats with 13 seats reserved for women. Out of these 313, 169 seats were
reserved for East Pakistan, 85 for Punjab, 28 for Sindh, 19 for NWFP, 5 for Baluchistan, and 7
seats were allotted to the tribal areas. It was decided that the East Pakistan provincial
assembly will have 400 members, Punjab 186, Sindh 62, Baluchistan 21, and NWFP will have
42 members. The elections were held peacefully and 60 percent of registered voters cast
their votes.
The results, however, brought dire changes in the political setup of the country. The religious
parties were washed up because the public was more concerned with their economic
problems. The results also confirmed the provincialism of Pakistan politics. The two major
winners were the Pakistan People’s Party (PPP) and the Awami League (AL). The AL secured
160 seats of the National Assembly out of which only seven candidates belonged to West
Pakistan. However, the AL could not win a single provincial assembly seat from any of the
west wing provinces. The PPP won got 81 seats out of 130 allotted to the western wing but
achieved no seat from East Pakistan. According to the LFO, the National Assembly was
responsible for making a constitution within 120 days before government power was liable
to be transferred to the elected members. But unfortunately, both Bhutto and Mujib failed
to maintain the unity of Western and Eastern wings; they couldn’t do away with the huge
differences over the Six-Point formula that led to the tragic division of the country with the
result that a separate sovereign state of Bangladesh emerged on the globe.

Operation Searchlight
Operation Searchlight was the codename for a planned military operation carried out by the
Pakistan Army in an effort to curb the Bengali nationalist movement in former East Pakistan
in March 1971. Pakistan retrospectively justified the operation on the basis of anti-Bihari
violence carried out by the Bengalis earlier that month. Ordered by the central government
in West Pakistan, the original plans envisioned taking control of all of East Pakistan's major
cities on 26 March, and then eliminating all Bengali opposition, whether political or military,
within the following month.
West Pakistani military leaders had not anticipated prolonged Bengali resistance or later
Indian military intervention. The main phase of Operation Searchlight ended with the fall of
the last major Bengali-held town in mid-May 1971. The operation also directly precipitated
the 1971 Bangladesh genocide, in which between 300,000 and 3,000,000 Bengalis were
killed while around 10 million fled to neighbouring India as refugees. However, these death
tolls are contested by Christian Gerlach, who suggests a likely death toll of between 500,000
to less than one million after extensive investigation of various partial and independent
sources. He also notes the highly politicized and diverging accounts of events and numbers
by the different governments. The three million death toll is used by the Bangladesh
government as part of its founding myth, since only a separation would prevent further and
full-scale genocide, whereas much lower death tolls in the tens of thousands is used by
Pakistani sources that belittle the scale of atrocities.
Bengali intelligentsia, academics and Hindus were widely targeted alongside Muslim Bengali
nationalists—with widespread, indiscriminate extrajudicial killings. The nature of these
systematic purges enraged the Bengalis, who declared independence from the union of
Pakistan to establish the new nation of Bangladesh.