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Constitution making in Pakistan - Coggle Diagram
Constitution making in Pakistan
Constituent Assembly
First meeting of the Constituent Assembly on 11 August 1947 in Karachi
24 members involved in the process
Problems faced by them
Lack of Consensus between East and West Pakistan: (i) Representation (ii) National language
Political vacuum
Islamic or secular state
First Principle Committee Report (28 September 1950)
Second Principle Committee Report (22 December 1952)
Bogra Formula
Upper house equal representation and in the lower house population represented. More representation given to the east Pakistan.
Reaction to the Bogra Formula
One unit of West Pakistan was established on 14 October 1955
Urdu was made the national language after independence. This caused contention in East Pakistan where Language Movement started in February 1952. With Urdu and Bengali both being made national languages solved the national language issue
With incessant changing in political leadership there was law and order chaos in the country
There was still debate as to whether the future constitution would be Islamic or Secular in nature.
Equal power and status of both houses. Equal representation from both east and west wing
Two houses (lower house on population on population and upper house on equal representation from all provinces
Constitution of 1956
Chaudry Muhammad Ali presented the draft of the constitution to the assembly on 29 February 1956
Salient Features
Objective Resolution was made a part of the constitution which declared that all sovereignty belonged to Allah.
The Constitution of 1956 is a written document with 234 Articles, 3 Parts and 6 Schedules
Semi-rigid constitution. Only 1/3 of the assembly needed to make an amendment
Federal System of government
President was the Head of State
Nominate the prime minister
Appoint provincial governors, judges of the supreme court, auditor general and attorney general
Call session of National Assembly and have the ability to dissolve it
Promulgate ordinance with Assembly not in session
Reduce or condone the punishments given by the Courts
Declare emergency in the country
Unicameral legislature called the National Assembly
300 members out of which 150 where from West Pakistan
Compulsory to call 2 sessions in a year: on in Decca and the other in Karachi
Independence of Judiciary
The Supreme COurt
The High Courts (One each in East and West Pakistan)
The Lower courts
Basic Rights
Urdu and Bengali made National languages
Islamic provisions of the constitution
Reasons for the criticism
Islam not made as the state religion
In the absence of the President, the speaker can become the President and the speaker can be a non-Muslim so the Head of State would become a non-Muslim
East Pakistan was not happy because they demanded larger share in government
The Constitution was abrogated in 1958
Constitution of 1962
Salient features
name first made as the Republic of Pakistan but later changed to the Islamic Republic of Pakistan
Presidential form of government
President elected through indirect elections
Muslim with at least 40 years of age
5 year term but if office held for more than 8 years than a reelection was needed
President could be impeached but difficult since he could dissolve NA but after dissolution needed reelection
Made all key appointments and could also declare State of Emergency in the country
250 Articles and 3 schedules
NA did the law making but the President could sign, reject or return the bill
Federation. Two units: East Pakistan and West Pakistan
Provincial governments were under control of governors who had their own cabinets. Provincial governments were under the control of the President
Fundamental Rights
Originally political parties were not included but they were added later through the Political Parties Act 1962
Islamic Provisions
Advisory Council of Islamic Ideology
Islamic Research Institute
Constitution of 1973
18th Amendment
Potential Payoffs
Greater clarity in Government Accountability
Reduced threat of military intervention
Greater harmony in federal -provincial relations
Pitfalls and Risks
Reforming multi-order governance in Pakistan
(Devolved power to provincial governments but neglect the role of local government in public delivery)
T
he federal functions of the federal government
(harmonized tax system, protecting minorities, and dealing with national disasters and emergencies are the responsibilities of the federal government. However, these have been left out of federal domain)
Natural resource ownership
(currently resources in the power of the provinces. These should be a national resource that should be shared between the provinces but difficult due to disharmony between provinces)
A road block to tax reform
(Powers have been given to provinces to collect taxes. This amendment may have blocked the avenues for reform in the tax system)
Salient features
12 parts consisting of 28 chapters and 280 Articles
Objective resolution
Rigid constitution (2/3 in both houses needed to make an amendment)
Federal system
Parliamentary form of government
Bicameral legislature
Direct election of the members of the National Assembly
Independent Judiciary
Fundamental Rights
High Treason
National language
Single citizenship
Islamic Provisions