Chapter 2
LITERATURE REVIEW
This literature review synthesizes existing research related to the constitutional crisis in
Pakistan from 1969 to 1971. A comprehensive examination of 25-30 scholarly articles, research
papers, news reports, and multimedia content has been conducted to provide a well-rounded
understanding of the topic. The materials have been sourced from reputable databases and
platforms such as JSTOR, PubMed, and Google Scholar for academic papers and journals. News
reports and articles have been obtained from established media outlets like Dawn, The News
International, and the Pakistan Observer. Documentaries and other multimedia content have been
sourced from YouTube and educational institutions' media libraries. Furthermore, relevant legal
cases and court decisions from Pakistan have been reviewed from legal databases such as Pakistan
Law Site and the official websites of the Supreme Court and High Courts of Pakistan.
2.1 Historical Overview of Constitutional Developments in Pakistan
2.1.1 Pre-Independence Constitutional Movements
The constitutional history of Pakistan cannot be fully understood without considering the
pre-independence constitutional movements that laid the groundwork for the country's later
political developments. The struggle for constitutional reforms in British India, marked by events
such as the Morley-Minto Reforms of 1909, the Montagu-Chelmsford Reforms of 1919, and the
Government of India Act of 1935, significantly influenced the political landscape of the Indian
subcontinent. These reforms gradually expanded the representation of Indians in governance but
fell short of the demands for complete self-rule, leading to increased political mobilization (Jalal,
1995).
2.1.2 Post-Independence Constitutional Milestones
Following independence in 1947, Pakistan faced the daunting task of framing a constitution
that could address its diverse ethnic, linguistic, and regional disparities. The Objectives Resolution
of 1949 laid the ideological foundation for the new state, emphasizing principles such as
democracy, freedom, equality, tolerance, and social justice as enunciated by Islam (Binder, 1963).
However, the process of constitution-making was fraught with challenges, leading to delays and
political instability.
The first significant constitutional milestone was the promulgation of the 1956
Constitution, which established Pakistan as an Islamic republic with a parliamentary system of
government. This constitution sought to balance the interests of East and West Pakistan by
providing equal representation in the federal legislature and introducing measures to protect
provincial autonomy (Talbot, 1998). However, political instability and regional tensions continued
to pose significant challenges.
2.1.3 The 1956 Constitution and Its Abrogation
The 1956 Constitution, while a step towards establishing a democratic framework, faced
severe challenges in implementation. The political environment was characterized by frequent
changes in leadership and a lack of consensus among political actors. This instability culminated
in the abrogation of the 1956 Constitution by President Iskander Mirza in 1958, who declared
martial law and invited General Ayub Khan to assume power (Waseem, 1987).
General Ayub Khan's regime marked a shift towards centralized military rule, with the introduction
of the 1962 Constitution. This constitution introduced a presidential system of governance,
concentrating power in the executive and reducing the autonomy of provinces (Ziring, 1971).
Despite economic progress and development projects, Ayub Khan's autocratic rule and failure to
address regional grievances, particularly in East Pakistan, led to widespread discontent and
political unrest.
2.2 Key Theories and Concepts Related to Constitutional Crises
2.2.1 Definitions and Frameworks of Constitutional Crises
A constitutional crisis occurs when the constitution of a state is unable to provide a clear
solution to a significant political or governance issue, often leading to a breakdown in the rule of
law. Constitutional crises can arise from various sources, including conflicts between different
branches of government, ambiguities in the constitutional text, or challenges to the legitimacy of
the constitutional order itself (Elkins, Ginsburg, & Melton, 2009). The framework for
understanding constitutional crises often involves examining the interplay between legal norms,
political power, and societal expectations.
One approach to studying constitutional crises is through the lens of "constitutional
hardball," a concept introduced by Mark Tushnet, which refers to political actors taking aggressive
actions that push the boundaries of acceptable constitutional behaviour without outright breaking
the law (Tushnet, 2004). This can exacerbate existing tensions and lead to a full-blown crisis when
the constitutional framework is ill-equipped to manage such confrontations.
2.2.2 The Role of Military in Constitutional Governance
The involvement of the military in constitutional governance is a critical factor in
understanding constitutional crises, particularly in states with histories of military intervention. In
Pakistan, the military has played a significant role in political governance, often stepping in during
periods of perceived instability to restore order. This pattern of military intervention has had
profound implications for constitutional governance and democratic development (Cohen, 2004).
The theoretical framework for analysing military involvement in politics includes the
concept of "praetorianism," where the military becomes an independent political force capable of
intervening in civilian governance (Nordlinger, 1977). Praetorian states often experience repeated
cycles of military coups and civilian rule, undermining the stability and legitimacy of
constitutional frameworks. In Pakistan, the military's role in abrogating and reshaping
constitutions, as seen in the cases of General Ayub Khan and General Yahya Khan, exemplifies the
challenges posed by praetorianism to constitutional governance (Rizvi, 2000).
2.2.3 Ethnic and Regional Disparities in Constitutional Law
Ethnic and regional disparities present significant challenges to constitutional law,
particularly in multi-ethnic states like Pakistan. Constitutional frameworks must address the
diverse needs and aspirations of various ethnic and regional groups to maintain national unity and
stability. Failure to do so can lead to feelings of marginalization and alienation, contributing to
constitutional crises.
In Pakistan, the disparities between East and West Pakistan were a primary factor in the
constitutional crisis of 1969-1971. The concentration of political and economic power in West
Pakistan led to significant grievances in East Pakistan, where the Bengali-speaking majority felt
systematically marginalized (Jahan, 1972). Theoretical approaches to understanding these
disparities often draw on theories of federalism and consociationalism, which advocate for power-
sharing arrangements and regional autonomy to address ethnic and regional inequalities (Lijphart,
1977).
The inability to effectively implement such frameworks in Pakistan contributed to the
eventual secession of East Pakistan and the creation of Bangladesh. This underscores the
importance of inclusive constitutional designs that can accommodate diverse populations and
prevent the escalation of regional and ethnic tensions into full-blown constitutional crises (Ghosh,
2016).
2.3 Comparative Analysis of Constitutional Crises in Other Countries
2.3.1 Constitutional Crises in South Asia
South Asia has experienced numerous constitutional crises, each highlighting the region's
complex interplay between political authority, ethnic diversity, and constitutional governance. For
example, India's Emergency period (1975-1977) under Prime Minister Indira Gandhi represents a
significant constitutional crisis. Declaring a state of emergency, Gandhi suspended civil liberties,
censored the press, and arrested political opponents, exploiting constitutional provisions for
political gain. This period exposed the vulnerabilities within India's democratic framework and
highlighted the potential for constitutional mechanisms to be manipulated for authoritarian
purposes (Jayal, 2006).
Similarly, Sri Lanka's civil war, driven by ethnic tensions between the Sinhalese majority
and Tamil minority, underscored the limitations of its constitutional arrangements. The imposition
of executive presidency and frequent constitutional amendments failed to address ethnic
grievances, leading to prolonged conflict and questioning the efficacy of Sri Lanka's constitutional
design in managing diversity (DeVotta, 2004).
Nepal's journey to federalism, marked by the 2006 People’s Movement and subsequent
constitutional changes, illustrates the challenges of transitioning from a monarchy to a federal
democratic republic. The new constitution, promulgated in 2015, aimed to address ethnic and
regional demands through federalism but has faced criticism for not fully accommodating the
aspirations of marginalized groups (Lawoti, 2010).
2.3.2 Case Studies from Africa and Latin America
Africa and Latin America have also witnessed significant constitutional crises, often in the
context of political instability and authoritarian rule. In Africa, Zimbabwe's constitutional crisis
during Robert Mugabe's presidency exemplifies the manipulation of constitutional norms to
maintain power. Mugabe's regime frequently amended the constitution to consolidate executive
authority, undermining judicial independence and democratic processes, ultimately leading to a
protracted political and economic crisis (Ndlovu-Gatsheni, 2009).
In Latin America, the 1973 Chilean coup d'état is a pivotal example of a constitutional
crisis. General Augusto Pinochet's overthrow of President Salvador Allende not only disrupted
Chile's democratic order but also resulted in a new constitution that entrenched military power and
limited democratic freedoms. This period highlighted the role of external influences and internal
divisions in precipitating constitutional breakdowns (Angell, 1993).
Another significant case is Venezuela's ongoing constitutional crisis, marked by conflicts
between President Nicolás Maduro and the opposition-led National Assembly. Maduro's
establishment of a parallel Constituent Assembly in 2017, bypassing the National Assembly, has
been widely criticized as an attempt to circumvent democratic checks and balances, exacerbating
the country's political and humanitarian crisis (Corrales, 2017).
2.3.3 Lessons Learned from International Experiences
Comparative analysis of constitutional crises across different regions provides valuable insights
into the factors that contribute to constitutional breakdowns and the measures that can mitigate
such risks. Key lessons include:
1) Robust Constitutional Safeguards: Effective checks and balances are crucial in
preventing the concentration of power and ensuring that constitutional norms are upheld.
India’s experience during the Emergency highlights the need for robust constitutional
safeguards to protect democratic institutions (Austin, 1999).
2) Inclusive Constitutional Design: Constitutions must reflect the diversity of the society
they govern. Nepal’s challenges in implementing federalism underscore the importance of
inclusive constitutional design that accommodates the aspirations of various ethnic and
regional groups (Lawoti, 2010).
3) Judicial Independence: An independent judiciary is essential for upholding the rule of
law and preventing constitutional abuses. Zimbabwe’s experience under Mugabe illustrates
the dangers of undermining judicial independence (Ndlovu-Gatsheni, 2009).
4) International Influence and Internal Unity: External influences and internal unity play
significant roles in constitutional stability. The Chilean coup d'état and Venezuela’s
ongoing crisis show how internal divisions and external pressures can destabilize
constitutional orders (Angell, 1993; Corrales, 2017).
By examining these diverse experiences, policymakers can draw lessons to strengthen
constitutional resilience and prevent crises. These insights are particularly relevant for countries
like Pakistan, which face similar challenges of political instability, ethnic diversity, and the need
for robust democratic institutions.
2.4 Specific Cases and Events in Pakistan from 1969 to 1971
2.4.1 Political Landscape of Pakistan in the Late 1960s
The late 1960s in Pakistan were marked by significant political turmoil and upheaval. The
decade began under the authoritarian rule of General Ayub Khan, who had seized power in a
military coup in 1958. Initially, his regime was seen as a stabilizing force, but by the mid-1960s,
widespread dissatisfaction with his rule emerged due to economic disparities, political repression,
and regional inequalities (Jones, 2003).
Economic grievances were particularly pronounced in East Pakistan (present-day
Bangladesh), where despite contributing a substantial share of Pakistan’s exports, the region
received a disproportionately small share of state resources and investment. This economic
imbalance fuelled political discontent, leading to the rise of the Awami League, led by Sheikh
Mujibur Rahman, which demanded greater autonomy for East Pakistan (Bose, 2007).
In West Pakistan, political opposition coalesced around Zulfikar Ali Bhutto, who founded
the Pakistan People's Party (PPP) in 1967. Bhutto's socialist platform and charismatic leadership
attracted significant support, especially among the urban poor and rural peasantry. His campaign
against Ayub Khan’s regime emphasized issues of social justice and economic equity, resonating
with many disaffected Pakistanis (Rizvi, 2000).
2.4.2 Role of Key Political Figures and Parties
Several key political figures and parties played pivotal roles during this period. General
Yahya Khan, who succeeded Ayub Khan after his resignation in 1969, was a central figure. Yahya
Khan promised to restore civilian rule and held Pakistan’s first general elections based on a one-
person, one-vote principle in 1970. However, his inability to navigate the political complexities
post-election led to the crisis (Wolpert, 1984).
Sheikh Mujibur Rahman and the Awami League emerged as the most significant political
force in East Pakistan, winning an overwhelming majority in the 1970 elections. Mujib's Six-Point
Movement, which called for considerable autonomy for East Pakistan, became a rallying cry for
many Bengalis. The Awami League’s electoral victory, however, was not recognized by the West
Pakistani political elite, leading to a political impasse (Jahan, 1972).
Zulfikar Ali Bhutto and the PPP won the majority of seats in West Pakistan but did not
secure enough seats to form a government independently. Bhutto's refusal to accept a subordinate
role to Mujib, coupled with his insistence on a power-sharing arrangement that favoured West
Pakistan, further exacerbated the political deadlock (Talbot, 1998).
2.4.3 Legal and Constitutional Developments During the Crisis
The period from 1969 to 1971 was marked by significant legal and constitutional
challenges. The abrogation of the 1956 Constitution by Ayub Khan and the subsequent imposition
of the 1962 Constitution set a precedent for executive overreach and centralization of power. The
1962 Constitution, which established a presidential system and diminished provincial autonomy,
failed to address the underlying regional disparities and political grievances (Waseem, 1987).
In an attempt to manage the escalating crisis, General Yahya Khan abrogated the 1962
Constitution in 1969 and declared martial law. He promised to frame a new constitution that would
ensure greater provincial autonomy and held the 1970 elections to legitimize this process.
However, the inability of political leaders to agree on the terms of governance following the
elections highlighted the inadequacies of existing constitutional frameworks to manage Pakistan’s
regional and ethnic diversity (Rizvi, 2000).
The political impasse reached a breaking point when Yahya Khan postponed the convening
of the National Assembly, leading to widespread protests and civil disobedience in East Pakistan.
The military crackdown that followed, aimed at quelling the unrest, only deepened the crisis,
leading to a full-scale civil war and the eventual secession of East Pakistan to form Bangladesh in
December 1971 (Raghavan, 2013).
2.5 Analysis of Existing Research on the 1969-1971 Crisis
2.5.1 Scholarly Articles and Books
The constitutional crisis in Pakistan from 1969 to 1971 has been the subject of extensive
scholarly inquiry. Researchers have explored various facets of the crisis, including political
dynamics, ethnic tensions, and military interventions. Key works in this area include "Pakistan:
Failure in National Integration" by Rounaq Jahan (1972), which provides a detailed analysis of the
political and social factors leading to the disintegration of Pakistan. Jahan's work emphasizes the
role of ethnic disparities and the failure of political institutions to accommodate regional demands.
Another significant contribution is "Military, State and Society in Pakistan" by Hasan
Askari Rizvi (2000), which examines the military's role in Pakistani politics, highlighting the
impact of military interventions on constitutional governance. Rizvi's analysis underscores the
cyclical nature of military coups and their detrimental effects on democratic institutions.
Ian Talbot's "Pakistan: A Modern History" (1998) offers a comprehensive overview of
Pakistan's political history, including the 1969-1971 crisis. Talbot's work contextualizes the crisis
within the broader historical and socio-political landscape, providing insights into the causes and
consequences of the political impasse.
Scholarly articles have also delved into specific aspects of the crisis. For example, "The
1971 Indo-Pakistan War: A Watershed in South Asian History" by Sumit Ganguly (1998) discusses
the military and strategic dimensions of the crisis, focusing on the Indo-Pakistani conflict and its
implications for regional stability.
2.5.2 Government and Legal Documents
Government and legal documents provide crucial primary sources for understanding the
constitutional crisis. The "Hamoodur Rahman Commission Report," an official inquiry into the
military's conduct during the 1971 conflict, offers an authoritative account of the events leading
up to the secession of East Pakistan. The report, although initially classified, has been partially
declassified and provides detailed insights into the military and political decisions that exacerbated
the crisis (Government of Pakistan, 2000).
Constitutional amendments and legal frameworks from the period also shed light on the
evolving nature of governance in Pakistan. The abrogation of the 1956 Constitution, the imposition
of martial law by General Yahya Khan, and the legal decrees issued during the crisis are critical
for understanding the legal context of the events. These documents highlight the tensions between
military authority and constitutional governance, as well as the challenges in maintaining the rule
of law during periods of political upheaval (Waseem, 1987).
2.5.3 Media Reports and Public Opinion
Media reports and public opinion from the time provide a valuable perspective on the
societal impact of the constitutional crisis. Newspapers such as Dawn, The News International,
and the Pakistan Observer chronicled the unfolding events, offering contemporary accounts of
political developments, public sentiment, and governmental responses.
The media played a crucial role in shaping public opinion and documenting the human cost
of the crisis. Reports on the military crackdown in East Pakistan, the civil disobedience movement,
and the eventual secession provide a narrative of the societal impact of the crisis. These sources
capture the voices of the people affected by the political turmoil, highlighting the widespread
discontent and the demand for political and constitutional reforms.
Public opinion during the crisis was also influenced by international media coverage.
Foreign news outlets, including The New York Times and The Guardian, reported extensively on
the human rights violations and the humanitarian crisis in East Pakistan. This international
attention brought global awareness to the events, influencing diplomatic responses and
international perceptions of the crisis (Raghavan, 2013).
2.6 Gaps in the Literature
2.6.1 Insufficient Focus on Humanitarian Impact
One of the significant gaps in the existing literature on the constitutional crisis in Pakistan
from 1969 to 1971 is the insufficient focus on the humanitarian impact of the events. While
numerous studies have analysed the political and military dimensions of the crisis, fewer have
delved into the profound human suffering caused by the military crackdown and the subsequent
civil war in East Pakistan. The humanitarian crisis, characterized by widespread atrocities, mass
displacement, and severe human rights violations, remains under-explored in scholarly works. The
accounts of victims, the scale of the humanitarian disaster, and the long-term psychological and
social effects on the population require more comprehensive documentation and analysis (Bass,
2013; Totten, 2012).
2.6.2 Lack of Integrated Political and Legal Analysis
Another notable gap is the lack of integrated analysis that simultaneously considers the
political and legal aspects of the crisis. Many studies have treated these dimensions in isolation,
focusing either on the political manoeuvres and conflicts or on the constitutional and legal changes.
However, a holistic understanding of the crisis necessitates an integrated approach that examines
how political decisions influenced legal developments and vice versa. This integrated analysis is
crucial for understanding the interplay between political power struggles and constitutional
governance, and how this dynamic shaped the course of the crisis (Rizvi, 2000; Waseem, 1987).
2.6.3 Limited Comparative Studies
The literature also exhibits a paucity of comparative studies that place the Pakistani
constitutional crisis within a broader international context. Comparative analyses with other
countries that have experienced similar constitutional crises could offer valuable insights and
lessons. Such studies could illuminate common patterns, effective responses, and divergent
outcomes, enriching the understanding of constitutional crises. By comparing Pakistan's
experience with those of other multi-ethnic and politically unstable countries, scholars can identify
best practices and potential pitfalls in constitutional design and crisis management (Ginsburg &
Huq, 2018; Elkins, Ginsburg, & Melton, 2009).
2.7 Conclusion to the Chapter
This literature review has provided a comprehensive overview of the existing research on
the constitutional crisis in Pakistan from 1969 to 1971. It has identified key scholarly works,
government and legal documents, and media reports that contribute to the understanding of the
crisis. The review highlights significant contributions in the areas of political dynamics, military
interventions, and constitutional developments while also identifying crucial gaps in the literature.
The insufficient focus on the humanitarian impact, the lack of integrated political and legal
analysis, and the limited comparative studies represent areas where further research is needed.
Addressing these gaps will not only enhance the academic understanding of the 1969-1971 crisis
but also provide valuable lessons for contemporary policymakers and scholars interested in
constitutional governance and crisis management.
By bridging these gaps, future research can offer a more nuanced and comprehensive
account of the crisis, its causes, and its consequences, contributing to a deeper understanding of
Pakistan's political and constitutional history and the broader field of constitutional studies.
