Major Issues of Constitutional Making Process
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Discuss the major issues of the constitutional making process in
Pakistan in 1956, 1962, and 1973.
Major Issues of the Constitutional Making Process in
Pakistan (1956, 1962, 1973)
The process of constitution-making in Pakistan has been fraught with
challenges and controversies. Each of the three major constitutions
enacted in 1956, 1962, and 1973 faced unique issues that reflected
the political, social, and economic complexities of their times. This
essay examines the major issues in the constitutional-making process
of these three constitutions, highlighting the key challenges and their
implications for Pakistan's governance.
The 1956 Constitution
Delay in Constitution-Making
Prolonged Process: Pakistan gained independence in 1947, but it took
almost nine years to frame its first constitution. The delay was due to
political instability, administrative challenges, and disagreements
among leaders.
Interim Governance: During this period, Pakistan was governed by the
Government of India Act 1935, which was unsuitable for an
independent and sovereign state.
Ethnic and Regional Disparities
East vs. West Pakistan: The most significant issue was the disparity
between East and West Pakistan. East Pakistan, with a larger
population, demanded equal representation and more autonomy,
while West Pakistan sought to maintain control.
Language Controversy: The language issue, particularly the
recognition of Bengali alongside Urdu as a national language, was a
major point of contention.
Political Instability
Frequent Changes in Leadership: The frequent changes in political
leadership and government further complicated the constitution-
making process. The lack of consensus among political leaders
hindered progress.
Islamic vs. Secular Provisions
Role of Islam: There was significant debate over the role of Islam in
the state. The Objective Resolution of 1949 laid the foundation for an
Islamic state, but integrating Islamic principles into a modern
constitution proved contentious.
The 1962 Constitution
Military Influence
Ayub Khan's Coup: General Ayub Khan's military coup in 1958 led to
the abrogation of the 1956 Constitution and the imposition of martial
law. The 1962 Constitution was drafted under his regime, reflecting
military influence rather than democratic consensus.
Authoritarian Features: The constitution introduced a presidential
system with significant powers vested in the president, undermining
democratic norms.
Centralization of Power
Reduced Provincial Autonomy: The 1962 Constitution centralized
power, reducing provincial autonomy. This was contrary to the
demands for greater provincial rights and was a source of significant
discontent.
Bureaucratic Dominance: The bureaucracy and military played a
dominant role in governance, sidelining elected representatives.
Lack of Political Legitimacy
Exclusion of Political Parties: The initial ban on political parties and the
imposition of a Basic Democracies system undermined the political
legitimacy of the constitution.
Public Discontent: The constitution failed to gain widespread
acceptance among the populace, leading to growing public discontent
and eventual political upheaval.
Islamic Provisions
Limited Role of Islam: Unlike the 1956 Constitution, the 1962
Constitution had limited references to Islamic principles, leading to
criticism from religious groups.
The 1973 Constitution
Restoration of Democracy
Return to Parliamentary System: The 1973 Constitution restored a
parliamentary system of government, addressing the centralization of
power seen in the 1962 Constitution. It aimed to balance power
between the executive and legislative branches.
Political Consensus: The constitution was framed with broad political
consensus, involving significant input from various political parties and
leaders.
Provincial Autonomy
Federal Structure: The 1973 Constitution introduced a federal
structure with greater provincial autonomy, addressing long-standing
demands from various regions, particularly in Sindh and Balochistan.
Concurrent List: The inclusion of a Concurrent Legislative List allowed
both the federal and provincial governments to legislate on certain
subjects, though it remained a contentious issue.
Islamic Provisions
Islamic Clauses: The constitution declared Islam as the state religion
and included several Islamic provisions, such as the establishment of
the Federal Shariat Court, to ensure laws conformed to Islamic
principles.
Balancing Secular and Religious Interests: The constitution sought to
balance secular governance with Islamic principles, which was a
delicate and contentious task.
Political Stability and Implementation
Political Instability: Despite being a comprehensive document, the
1973 Constitution faced implementation challenges due to political
instability, frequent changes in government, and military coups.
Amendments and Changes: The constitution has been amended
multiple times, reflecting the ongoing struggle to address political,
social, and economic issues.
Conclusion:
The constitutional-making processes of 1956, 1962, and 1973 in
Pakistan were marked by significant challenges, including ethnic and
regional disparities, military influence, centralization of power, and the
role of Islam. Each constitution reflected the political realities and
pressures of its time, and while the 1973 Constitution remains in effect
today, its journey has been tumultuous. Understanding these historical
issues provides valuable insights into the complexities of governance
and constitutional development in Pakistan.
References
1. "Constitutional and Political History of Pakistan" by Hamid
Khan
Offers a comprehensive analysis of Pakistan's constitutional history
and the major issues faced during the constitutional-making
processes.
2. "The Struggle for Pakistan: A Muslim Homeland and Global
Politics" by Ayesha Jalal
Discusses the historical and political context of Pakistan's
constitutional evolution and the challenges encountered.
3. "Pakistan: A Modern History" by Ian Talbot
Provides an in-depth look at Pakistan's political and constitutional
history, including the framing of its constitutions.
