The Formative Years: Constitutional and Political History of Pakistan (1947-1969)
Introduction: A State in Search of a Constitution
The birth of Pakistan on August 14, 1947, was a moment of immense triumph for the
Muslims of the subcontinent, but it was also the beginning of a profound and arduous
journey. The new nation was confronted with a host of existential challenges: the
settlement of millions of refugees, the establishment of a functioning government from
scratch, a precarious security environment, and, most critically, the task of forging a
national identity and a constitutional framework.
This period, from 1947 to 1969, is defined by this very search for a stable political and
constitutional order. It was a time of high ideals and harsh realities, characterized by a
persistent struggle between democratic aspirations and the centralizing, authoritarian
tendencies of the state's powerful non-elected institutions. This lesson will analytically
explore the key constitutional experiments, political crises, and the gradual
consolidation of power by the civil-military bureaucracy that defined Pakistan's first two
decades.
Part 1: The Dominion Period (1947-1956) - The Decade of Delay
Upon independence, Pakistan did not have a constitution of its own. It was established
as a dominion within the British Commonwealth, and its governance was based on a
modified version of the Government of India Act, 1935, with a Governor-General as
the head of state representing the British Monarch. The First Constituent Assembly was
tasked with the dual responsibility of acting as the federal legislature and framing a new
constitution.
1.1 The Jinnah and Liaquat Era (1947-1951)
● Governor-General Muhammad Ali Jinnah: As Pakistan's first
Governor-General, Jinnah wielded immense moral and political authority. In his
famous address to the Constituent Assembly on August 11, 1947, he laid out a
vision for a modern, progressive, and inclusive state, stating, "You are free; you
are free to go to your temples, you are free to go to your mosques or to any other
place of worship in this State of Pakistan... you may belong to any religion or caste
or creed—that has nothing to do with the business of the State." The early death
of Jinnah in September 1948 was a monumental blow, leaving a vacuum in
leadership that proved difficult to fill.
● **The Objectives Resolution (1949): Under Prime Minister Liaquat Ali Khan, the
Constituent Assembly passed the Objectives Resolution in March 1949. This
document is a cornerstone of Pakistan's constitutional history.
○ Analysis: The Resolution was a compromise document attempting to
reconcile Islam with modern democracy. It declared that sovereignty over the
entire universe belongs to Allah Almighty, but that this sovereignty would be
exercised by the people of Pakistan "within the limits prescribed by Him" as
a sacred trust. It promised democracy, freedom, equality, and social justice
as "enunciated by Islam."
○ This dualism—divine sovereignty exercised through popular
representation—created an enduring ambiguity. For religious parties, it was
a commitment to an Islamic state. For modernists, it was a symbolic nod that
preserved the democratic framework. This unresolved tension would
become a recurring theme in all future constitutional debates.
1.2 The Failure of the First Constituent Assembly
The assassination of Liaquat Ali Khan in 1951 removed another founding father and
plunged the political process into uncertainty. The Constituent Assembly became mired
in intractable debates, leading to a decade-long delay in framing a constitution. The key
hurdles were:
1. Representation & Federalism: The most divisive issue was representation
between East Pakistan (which had 55% of the population but was one province)
and West Pakistan (comprising four provinces and princely states). East Pakistan
demanded representation based on population, while West Pakistan feared
Bengali domination.
2. The Role of Islam: There was no consensus on how to translate the principles of
the Objectives Resolution into concrete constitutional law.
3. Language Controversy: The declaration of Urdu as the sole national language
sparked widespread protests and riots in Bengali-speaking East Pakistan,
alienating a majority of the population and sowing the seeds of separatism.
1.3 The Rise of the "Establishment" and the Doctrine of Necessity
As the political leadership faltered, power shifted decisively towards the non-elected
state institutions: the civil bureaucracy and the military.
● The 1953 Dismissal: In a pivotal move, Governor-General Ghulam Muhammad, a
former bureaucrat, dismissed the government of Prime Minister Khawaja
Nazimuddin in 1953, despite Nazimuddin enjoying a majority in the Assembly. This
act set a dangerous precedent, establishing that the head of state could dismiss
an elected government at his discretion, thereby undermining parliamentary
supremacy.
● The 1954 Dissolution: When the Constituent Assembly moved to curtail the
Governor-General's powers, Ghulam Muhammad dissolved the entire Assembly in
October 1954.
● The Maulvi Tamizuddin Khan Case and the Doctrine of Necessity: The
President of the Assembly, Maulvi Tamizuddin Khan, challenged the dissolution in
court. While the Sindh High Court ruled in his favor, the Federal Court (now
Supreme Court), under Chief Justice Muhammad Munir, overturned the decision.
In its ruling, the court invoked the "doctrine of necessity," a legal principle
arguing that extra-constitutional actions could be validated if they were deemed
necessary for the preservation of the state.
○ Analysis: This judgment had catastrophic long-term consequences. It
provided legal cover for the abrogation of democratic norms and would be
used to justify future military coups, fundamentally weakening the rule of law
in Pakistan.
Part 2: The First Republic (1956-1958) - A Flawed Constitution
A Second Constituent Assembly was eventually formed, which finally drafted Pakistan's
first constitution. It was promulgated on March 23, 1956, officially declaring Pakistan an
"Islamic Republic."
2.1 Key Features of the 1956 Constitution
● System of Government: Parliamentary, with a Prime Minister as the head of
government and a President as the head of state.
● Legislature: Unicameral (a single house) called the National Assembly.
● Federalism: It ingeniously resolved the representation issue through the "One
Unit" scheme, which merged all four provinces of West Pakistan into a single
province. This created parity, giving both East and West Pakistan an equal
number of seats (155 each) in the National Assembly.
● Islamic Provisions: The Objectives Resolution was included as a preamble, and
it was stipulated that the President must be a Muslim and that no law could be
passed that was repugnant to the injunctions of Islam.
2.2 The Collapse of the First Republic
The 1956 Constitution proved to be short-lived. Its failure was rooted in both its inherent
weaknesses and the machinations of the political elite.
● Analysis of Weaknesses: The "One Unit" scheme, while a clever political fix, was
an administrative and ethnic disaster. It erased the historical identities of the
Sindhi, Baloch, and Pashtun peoples, breeding deep resentment. Furthermore,
the constitution gave the President significant discretionary powers, including the
power to dismiss the government, a flaw exploited by President Iskander Mirza.
● Political Instability: The period from 1956 to 1958 was marked by chronic
instability, factionalism, and floor-crossing. In just two and a half years, four prime
ministers were changed. This political chaos was actively encouraged by
President Mirza, who played politicians against each other to consolidate his own
power.
● The 1958 Coup: Citing the political instability and corruption as a pretext,
President Iskander Mirza, with the backing of the army commander-in-chief,
General Muhammad Ayub Khan, abrogated the 1956 Constitution on October 7,
1958, and declared martial law. Just 20 days later, Ayub Khan deposed Mirza and
assumed full control, becoming Pakistan's first military dictator.
Part 3: The Ayub Era (1958-1969) - The Decade of Development and Dictatorship
The Ayub Khan regime represented a fundamental break from Pakistan's democratic
experiment. Ayub believed that the Western-style parliamentary system was unsuited to
the "genius of the Pakistani people." His goal was to create a stable, centralized system
under his firm control.
3.1 The 1962 Constitution: A Presidential System
After four years of martial law, Ayub Khan promulgated his own constitution in 1962. It
was a stark departure from the 1956 framework.
● Key Features:
○ System of Government: Presidential. All executive authority was vested in
the President, who was not a member of the legislature and could not be
removed by it easily.
○ Elections: It introduced an indirect system of election known as Basic
Democracies. The population would elect 80,000 (later 120,000) "Basic
Democrats" (local councillors), who would then form an electoral college to
elect the President and members of the national and provincial assemblies.
○ Analysis of Basic Democracies: This system was designed to create a
manageable and pliable electorate. Ayub Khan could use state patronage
and pressure to ensure the loyalty of the Basic Democrats, thus
guaranteeing his own re-election (as seen in the 1965 presidential election
against Fatima Jinnah) and insulating his government from popular
sentiment. It was a form of controlled, top-down "democracy."
3.2 The "Decade of Development"
Ayub's era is often hailed as the "Decade of Development" for its impressive economic
performance. The regime pursued a model of state-led, pro-private sector capitalism.
● Achievements: Pakistan witnessed high GDP growth rates (averaging over 6%),
significant industrialization, and a "Green Revolution" in agriculture.
● Analytical Critique: This development was deeply flawed and inequitable.
1. Concentration of Wealth: Economic policies led to the concentration of
wealth in the hands of a small elite, famously identified as the "22 Families"
who controlled a vast portion of the nation's industrial and financial assets.
2. Regional Disparity: The economic gap between West and East Pakistan
widened dramatically. A majority of development funds and foreign aid were
channeled to West Pakistan, fueling a powerful sense of economic
exploitation and discrimination among the Bengalis. This disparity laid the
economic groundwork for the secessionist movement.
3.3 The Fall of Ayub Khan
Despite the veneer of stability and growth, by the late 1960s, Ayub's regime was
crumbling under the weight of its own contradictions.
● The 1965 War: The war with India, while ending in a stalemate, shattered the
myth of the military's invincibility. The subsequent Tashkent Declaration, a peace
agreement seen as a surrender by many in Pakistan, caused a political rupture
between Ayub and his popular foreign minister, Zulfikar Ali Bhutto, who resigned
to form his own party.
● Rise of Popular Opposition: The political disenfranchisement caused by the
1962 Constitution, combined with the festering economic and regional grievances,
created fertile ground for opposition. In West Pakistan, Bhutto's populist and
socialist rhetoric ("Roti, Kapra aur Makaan" - Food, Clothing, and Shelter)
galvanized students and workers. In East Pakistan, Sheikh Mujibur Rahman's
Awami League presented its Six-Point Program in 1966, a virtual charter for
provincial autonomy that was viewed by the establishment as a secessionist plan.
● The Mass Movement of 1968-69: A massive, nationwide popular uprising
erupted against Ayub's rule. Protests, strikes, and riots paralyzed the country.
Unable to contain the movement, a politically isolated and ailing Ayub Khan
resigned in March 1969.
However, in his final act, Ayub Khan violated his own constitution. Instead of transferring
power to the Speaker of the National Assembly as required, he handed it over to the
army chief, General Agha Muhammad Yahya Khan, who promptly abrogated the 1962
Constitution and declared martial law once again.
Conclusion: An Unresolved Legacy
The period from 1947 to 1969 ended as it had begun: with Pakistan under martial law
and without a constitution. These first twenty-two years established dangerous patterns
that would haunt the nation for decades. The failure to institutionalize democracy, the
repeated subversion of the constitution by powerful individuals, the validation of
extra-constitutional measures by the judiciary, the dominance of the civil-military
establishment, and the failure to address the legitimate grievances of East Pakistan
created a legacy of instability. The fall of Ayub was not the victory of democracy but
rather a prelude to an even greater national crisis that would culminate in the tragic
dismemberment of the country in 1971.
Key Terms and Concepts for Review:
● Objectives Resolution: The 1949 document attempting to blend Islamic
principles with democratic governance.
● Doctrine of Necessity: The legal principle used to justify extra-constitutional
actions for the "good of the state."
● One Unit Scheme: The 1955 policy that merged the provinces of West Pakistan
into a single administrative unit to create parity with East Pakistan.
● Basic Democracies: The system of indirect elections introduced by Ayub Khan in
the 1962 Constitution.
Analytical Questions:
1. In what ways did the Objectives Resolution both guide and complicate Pakistan's
constitutional development?
2. Analyze the argument that the dismissal of Khawaja Nazimuddin's government in
1953 was more damaging to Pakistan's democracy than the 1958 military coup.
3. Was Ayub Khan's "Decade of Development" a success or a failure? Justify your
answer by weighing its economic achievements against its political and social
consequences.
