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Constitution of Pakistan - 1956 - English by Emaz

There were many constitutional issues faced by Pakistan after its independence in 1947. Key issues included the division of power between the central and provincial governments, representation given to East and West Pakistan due to their differences in population size, and deciding on a national language. Several committees were formed to address these issues and propose solutions in reports and constitutional proposals. However, disagreements remained until the Constitution of 1956 was created, which established a parliamentary system, independent judiciary, and fundamental rights for citizens. However, this constitution only lasted from 1956 to 1958 when it was suspended after a military coup.

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268 views2 pages

Constitution of Pakistan - 1956 - English by Emaz

There were many constitutional issues faced by Pakistan after its independence in 1947. Key issues included the division of power between the central and provincial governments, representation given to East and West Pakistan due to their differences in population size, and deciding on a national language. Several committees were formed to address these issues and propose solutions in reports and constitutional proposals. However, disagreements remained until the Constitution of 1956 was created, which established a parliamentary system, independent judiciary, and fundamental rights for citizens. However, this constitution only lasted from 1956 to 1958 when it was suspended after a military coup.

Uploaded by

emaz kareem Student
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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There were many constitutional issues faced by Pakistan.

The Constitution of 1956:


Constitutional issues include: as Pakistan consisted of two
parts.

1)the vision of power federalism was the most difficult part between
two wings and among the provinces

2)representation issue raised as East Pakistan and West Pakistan were


different in population and size and thus appropriate representation
was an issue.

3)separate or joint electorate issue was raised as East Pakistan


decided for joint electorate whereas West Pakistan decided for
separate electorate as they argued they had more majority.

4)In 1948 Jinnah declared that Urdu would be the national language,
however there was opposition against Urdu in East Pakistan causing the
National language issueas they preferred Bengali. Thus, the language
formula was adopted in 1954 there was a :i)consensus for parliamentary
system as there was limited demand for presidential system

ii) Also the state was being criticized for not being Islamic and
instead is a secularstate. Even before, from the very beginning there
was an agreement that the state will have
close relationship with Islam.

Considering all these issues the basic principle committee was

set up on March 12 1949 by Khawaja Nizamuddin on the advice of Prime


Minister Liaquat Ali Khan.The committee presented
it in term report on a legislative assembly in 1950. This was a short
document stating the guidelines and principles of the future
Constitution ofPakistan.
Nevertheless, the representatives of East Pakistan raised objections
against the report. In fact the main criticism was against the quantum
representation in the central legislature, this was so because they
wanted the representation they deserve based on their majority.

East Pakistan Representatives also disliked that Urdu was being


declared as the only national language of Pakistan

Then, Muhammad Ali Bogra the Prime Minister came up with a


constitutional proposal known as the Bogra formula, which was
presented before the Constituent Assembly of Pakistan on October 7th
1953.

50 seats were reserved for the upper house, while the 300 seats for
the lower house were to be allocated to the provinces based on
proportionate representation, i.e: 165 seats were reserved for East
Pakistan,75 for Punjab,19 for Sindh and Khairpur, 24 for NWFP,
including the tribal areas and the states located in NWFP and 17 for
Balochistan. By these means East Pakistan was given more seats in the
lower house. The reaction to Bogra formula unlike theprevious two
reports of the basic principle committee, the Bogra formula was
appreciated by different sections of the society, however before the
Constitution could be finalised Ghulam Muhammad dissolved the
assembly.

After this the one unit scheme October 1955 got implemented, which
was a geopolitical program launched by the Government of
Pakistan led by then Prime Minister Mohammad Ali Bogra on 22nd
November 1954. The nprogram was believed to be enacted after
the government faced difficulty of administrating the two unequal
wings of Pakistan separated from each other by
more than a thousand miles.Consequently,to diminish the differences
between the two east and west regions the were merged.The four
provinces of West Pakistan into a single
province as was the case with East Pakistan. Next, the Bangladesh
Constitution of 1956 wasa started by Chaudhary Muhammad Ali.

The constitutional process in Pakistan commenced when he became prime


minister. The Islamic provisions of the Constitution of 1956 are
parliamentary system which say that the President had ceremonial
functions and exercised limited powers. The Prime Minister would be
appointed by President and was the head of government assisted by
cabinet unicameral legislature which means the National Assembly was
the only house of the Parliament having a membership of three hundred
plus ten seats. The federal system means the Constitution provided
three lists, i.e federal provincial and concurrent there are two
provinces in the Federation of Pakistan provincial structure. This
means that at the provincial level there is elected assembly, however
the real powers were given to the Chief Minister's and his cabinet.
Independent judiciary was another main feature of the Constitution at
centre. The highest court was Supreme Court then High Court in
provinces and subordinate courts were established where fundamental
rights including civil and political rights were given to the people
of Pakistan but they could be suspended in case of emergency directive
principles of state policy provided the guidelines for policymaking
Islamic Charter includes the name of the country with the Islamic
Republic of Pakistan. Also, no law can be made to violate Islamic
principles and teachings and RIBA or interest (usury) will be
eliminated from the country as soon as possible. However this solution
of 1956 Constitution the Constitution of 1956 was implemented in
Pakistan only for two years and seven months.Unfortunately, general
Ayub Khan dismissed the government and he imposed the first martial
law in the country on 7th October 1958.

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