By: Laiba Yousaf
The Constitution is a fundamental document that establishes the framework for governance and the exercise of power. It outlines the powers of institutions and establishes the relationships between various state institutions. It also delineates the limits within which these institutions must operate and defines the nature of the relationship between individuals and the state.During the establishment of Pakistan, an Interim Constitution was introduced, which was a modified version of the India Act of 1935. The responsibility of drafting the future constitution was assigned to the Constituent Assembly of Pakistan, which was formed in August 1947. In this discussion, we will explore the stages and steps taken in framing the constitution of Pakistan.
The process of constitution-making commenced with the passage of the Objective Resolution. This Resolution, passed in March 1949, outlined the fundamental principles and foundations upon which the constitution would be based. It provided guidance to the Constituent Assembly of Pakistan regarding the principles they were to uphold while framing the constitution. Essentially, the Objective Resolution not only identified the objectives and goals to be achieved but also set forth the priorities that needed to be pursued.Once the Objective Resolution was passed by the Constituent Assembly, the next step was to formulate the constitution. The first step following the passage of the Objective Resolution was the establishment of the Basic Principles Committee (BPC), which consisted of members of the Constituent Assembly. The BPC initially comprised 24 members, but it had the flexibility to co-opt additional members if necessary. The committee included both Muslim and non-Muslim members, as well as women. In addition to the BPC, several sub-committees were formed to assist in the constitution-making process. Each sub-committee was assigned specific tasks related to particular issues. For example, one sub-committee addressed the issue of federalism and the type of federal model Pakistan should adopt. This sub-committee investigated the matter and reported its findings back to the BPC. Other sub-committees focused on topics such as the judicial system, fundamental rights, and the rights of minorities within the country.
Another significant recommendation was that the head of state, known as the president, should be elected by a joint session of the parliament for a term of five years. This meant that a person could hold the presidential office for five years. The president was given certain discretionary powers, although the authority was primarily to be exercised by the Prime Minister.Regarding legislation, the first report recommended the establishment of two houses of parliament: an upper house and a lower house. The upper house would have equal representation for all provincial units, while the lower house’s representation would be based on population. This meant that provinces with larger populations would have more representation, as was the case with East Pakistan compared to West Pakistan. Powers were equally divided between the two houses.
When the report was presented to the Constituent Assembly, it faced criticism both inside and outside the house. One of the main criticisms was related to the issue of representation. It was argued that providing equal representation to all units of the federation would result in the Western part of Pakistan having more representation, as it had more units compared to East Bengal. Additionally, some members of the Constituent Assembly raised concerns about the equal powers assigned to both houses of parliament, as it deviated from the standard principle of giving more power to the lower house. The issue of the national language was another point of criticism, as the report did not make any recommendation on this matter.In response to the criticism, it was decided that the BPC would review the report, taking into account the points raised in the Constituent Assembly. The Constituent Assembly deliberated on the report, incorporating the raised points and criticisms to make the report more acceptable to the representatives. This led to the formulation of the revised or second report. The second report, also known as the revised report, largely followed the same principles as the first report. However, it aimed to address the criticism received by incorporating changes. One significant change was made regarding the issue of representation. The report proposed equal representation for both wings of Pakistan, with 60 members from East Pakistan and 60 members from West Pakistan in the upper house. In the lower house, representation was based on population, with 200 seats for each wing. More powers were assigned to the lower house, which represented the people. The report also emphasized that lawmaking in Pakistan would be in accordance with the principles of Islam. To facilitate this, an advisory board of five religious scholars was established to provide guidance on lawmaking in line with Islamic principles. Similar to the first report, the second report remained silent on the issue of the national language, but it aimed to address the concern of East Pakistan dominating West Pakistan in terms of representation.
While the second report addressed some of the criticisms, it received criticism for introducing equal representation. Some argued that equality should be limited to the upper house only, as was the case in the first report. The second report was accused of going against the principles of federalism. Furthermore, during the discussions on the report, a political crisis arose, leading to the removal of Prime Minister Nazimuddin and the appointment of Ch. Muhammad Ali as the new Prime Minister.Under the leadership of Prime Minister Ch. Muhammad Ali, a new set of proposals known as the Muhammad Ali Formula or the Third Report was prepared. This formula aimed to address the issues raised in previous reports and incorporate changes in light of comments and criticism. It introduced a novel procedure for providing representation to different units of Pakistan. The upper house would have equal representation for all units of Pakistan, dividing the country into five units. In the lower house, more representation was given to East Pakistan due to its larger population. The principle of federalism was followed, with equal representation in the upper house and representation based on population in the lower house. However, during joint sessions of parliament, there would be parity between the two wings of Pakistan. To ensure effective decision-making, a law required at least 30% support from members of both wings to be considered valid. This proposal aimed to incorporate both parity and interdependence in the system.
The Muhammad Ali Formula received greater acceptance, but there were criticisms regarding the perceived complexity of the process. Some argued that the division of administrative units and the implementation of parity during joint sessions would complicate matters. Additionally, some questioned the allocation of equal powers to both houses of parliament, as they believed the lower house should have more power since it represented the people. One significant development during this period was the settlement of the language issue. In 1954, the Constituent Assembly decided that Bengali and Urdu would be the national languages of Pakistan, resolving the controversy surrounding the national language.After the formulation of the Muhammad Ali Formula, the Constituent Assembly focused on drafting the constitution. The process faced a setback when the Governor-General Ghulam Muhammad dissolved the Constituent Assembly in October 1954. The matter was taken to the judiciary, leading to the Tameezuddin case in the Sind Chief Court and the Federal Court of Pakistan. Ultimately, the dissolution of the Constituent Assembly was upheld, but the Federal Court directed the election of a new Constituent Assembly.
The second Constituent Assembly, comprising 80 members (40 from East Pakistan and 40 from West Pakistan), was elected in June and July 1955. It resumed the task of framing the constitution, building on the work of the first Constituent Assembly. One significant step taken by the second Constituent Assembly was the integration of the provinces in West Pakistan into one unit. This became known as the One Unit Scheme and reduced the number of provinces to two—East Pakistan and West Pakistan. The issue of representation was resolved through this integration, although there was criticism from smaller provinces and units in West Pakistan.The second Constituent Assembly discussed the draft text of the constitution, which was released on January 8, 1956. After thorough discussions and deliberations, the Constituent Assembly approved the constitution on February 29, 1956. The constitution was signed by the Governor-General SikanderMirza on March 2, 1956, and came into effect on March 23, 1956, replacing the Interim Constitution of 1947. This marked the successful completion of the constitution-making process in Pakistan. At the end of my piece of opinion, I express my gratitude to the esteemed Sir Dr. Muhammad Akram Zaheer for his invaluable guidance in composing this piece. He graciously bestowed upon me his time and wisdom, offering me valuable feedback and constructive critique that have greatly enhanced the caliber of my work. His patience, encouragement, and eagerness to partake in profound discussions have served as a true source of inspiration
Thr Author is student of BS Public Administration, University of Okara and contact yousaflaiba86@gmail.com
