Constitution making Hurdles 1947-1956 - Reasons for delayed constitution

Contact for any guideline or tution : 03361113416 Constitution is a basic document in the handling of domestic affairs. It sets out the framework for governance and exercise of power. It gives guiding lines of relationships among the federating units. Law making is always within its limits. The modified Government of India Act (1935) became the Interim Constitution of Pakistan in 1947. The Constituent Assembly (CA) was given the task of framing the Constitution. The first meeting of the CA was held on August 11, 1947 at Karachi. The process began with the passing of the Objectives Resolution in which the Islamic and democratic values were adopted as grounds for the future constitution. The Basic Principles Committee (BPC) consisting of 24 members was made to work for the constitutional powers. The various sub-committees on Federal and provincial powers, Franchise, Judiciary, and Fundamental Rights started working. Board of Talimat-i-Islamia was also set up to seek advice on the religious matters. Constitution Making (1947-56)  The modified Government of India Act (1935) became the Interim Constitution of Pakistan  The Constituent Assembly (CA) was given the task of framing the Constitution  The process began with the passing of the Objectives Resolution  The Basic Principles Committee (BPC) consisting of 24 members was made to work for the constitutional powers.  The various sub-committees on Federal and provincial powers, Franchise, Judiciary, and Fundamental Rights started working  Board of Talimat-i-Islamia was also set up to seek advice on the religious matters. The Objectives Resolution (1949)  Features of the Objectives Resolution • Sovereignty over the entire universe belongs to Almighty Allah alone. • Authority exercised by people under the limits prescribed by Him is a sacred trust. • Constitution will be framed for sovereign, independent state of Pakistan. • The state shall exercise its power through the representatives of the people. • Principles of Democracy, freedom, equality, tolerance and social justice as enunciated by Islam will be fully observed. • Muslims shall be enabled to organize their lives in accordance with the teachings of islam • Minorities to have freedom to freely profess and practice their religions • Provisions for safeguarding the legitimate interests of minorities, backward and depressed classes. • Pakistan shall be a Federation with autonomous units. State’s sovereignty and territorial integrity will be protected. • People of Pakistan should prosper and attain their rightful place in the comity of nations  Objections by Non-Muslims • government was trying to mix the religion and politics • objected on the ‘Sovereignty of Allah’ and minorities’ rights, • They were also of view that Shariah was not adequate for the modern time.  Importance • The Objectives Resolution is a basic and primary document of the constitutional history of Pakistan • It is a framework that provides mechanism to achieve goals for a better life • It’s important that it embraces centrality of Islam to polity sustaining their links with the pre-independence period. • middle way abiding by the Islamic laws and the international democratic values. • Resolution remained ‘Preamble of all the constitutions due to its importance • Address the basic constitutional questions First BPC Report, 1950  The Objectives Resolution to be included in the Constitution as the directive principles.  Legislature: Two houses of the parliament. Upper: (House of Units) Equal representation for the units Lower: (House of People) On the basis of Population. Both the Houses would enjoy the equal powers.  The Head of State elected by joint session would be for five years (Two terms only). President had discretionary and emergency, appointment and other powers. President was not answerable to anyone, might be a Muslim or non-Muslim, would be assisted by the Prime Minister (PM) and Cabinet that would be answerable to the CA. Parliament may impeach him by 2/3 majority. He was given the power to abrogate the constitution.  Cabinet responsible to both the Houses.  No mention of national language  Criticism: • religious group objected that the report contained nothing about Islamisation. • East Pakistan protested that their majority had been denied by the Report • The language issue proved subversive to the national solidarity Second BPC Report, 1952  Head of State would be Muslim and no change in powers.  Equal representation to East and West wings: UH (Upper House) 60, 60 LH 200, 200  More powers were given to Lower House. Cabinet was made responsible to Lower House.  It was promised that law making would be in accordance with ISLAM.  Advisory Board of five Islamic scholars was founded.  Silent on national language. #CSS #pms #DelayedConstitution