Reasons for the Delay in Making Pakistan’s First Constitution

1. Immediate problems faced by Pakistan

At independence Pakistan faced urgent problems: settling refugees, dividing financial and military assets, the Kashmir conflict and the canal water dispute with India. The new state had to set up government departments, manage limited resources and maintain law and order, which diverted time and attention from a permanent constitution.

2. Refugee problem

Partition caused the migration of millions of people. Many Muslim refugees reached Pakistan after violence and loss of homes and possessions. The government had to provide food, shelter, clothing, medical care and employment, which placed a heavy burden on limited financial and administrative resources and made constitution-making harder.

3. Dispute over financial and military assets

The assets of British India had to be divided between the two countries. Pakistan faced serious financial difficulties while setting up its administration and defence. Disagreements and delays over the transfer of its agreed share of financial resources and military equipment added to the burden, and the government had to concentrate on national security and building institutions alongside constitutional work.

4. Kashmir conflict and canal water dispute

The Kashmir conflict began in 1947 and developed into armed conflict between Pakistan and India, creating security concerns and further demands on resources.

On 1 April 1948 India stopped the supply of water through the Ferozepur headworks to some canals serving Pakistani areas. This threatened agriculture in parts of Pakistan and led to negotiations. These disputes needed urgent attention and further complicated constitution-making.

5. Death of Quaid-e-Azam Muhammad Ali Jinnah

Jinnah died on 11 September 1948. As Governor-General and the most influential leader of the movement, he had provided direction in the early months of independence. In his address to the Constituent Assembly on 11 August 1947 he outlined principles on the responsibilities of the state and the equal citizenship of its people.

After his death Pakistan lost a leader who might have helped build agreement among competing groups, making constitutional disagreements harder to resolve.

6. Disagreement over the form of government

Leaders disagreed over the form of government best suited to the state. Key questions included the powers of the legislature and executive, the position of Islam, provincial autonomy and the distribution of authority between the centre and provinces. The constitution had to accommodate different political interests and regional concerns, so debates continued for years.

7. Disagreement over representation between East and West Pakistan

East Bengal (later East Pakistan) had a majority of Pakistan’s population, so its representatives demanded representation in the central legislature according to population. Many West Pakistani politicians supported parity, giving East and West Pakistan equal representation despite different populations, fearing that population-based representation would give East Pakistan a dominant position.

The first report of the Basic Principles Committee, presented in 1950, recommended arrangements that included parity in the central legislature. East Pakistani representatives strongly opposed it. The disagreement delayed agreement on the structure of the legislature and the distribution of political power.

8. The language controversy

Many West Pakistani leaders supported Urdu as the national language, while East Pakistani representatives demanded recognition of Bengali, the mother tongue of the majority of Pakistan’s population.

The controversy became serious after Jinnah declared in Dhaka in March 1948 that Urdu would be the state language. Bengali speakers feared that making Urdu the sole national language would weaken their cultural identity and political position. The dispute deepened mistrust between the two wings and showed how hard it was to frame a constitution that could accommodate Pakistan’s linguistic and cultural diversity.

9. Failure to reach agreement on constitutional principles after the Objectives Resolution

The Constituent Assembly passed the Objectives Resolution on 12 March 1949, setting broad principles for the future constitution: the sovereignty of Allah, authority exercised through the people’s chosen representatives, democracy, freedom, equality, tolerance and social justice, and the rights of minorities.

The Basic Principles Committee was then tasked with preparing recommendations. Its reports generated debate over representation, provincial autonomy, the relationship between Islam and the state, and the structure of the central government. The inability to agree on these questions delayed the drafting and approval of a final constitution.

10. Political rivalry and weak party organisation

After Jinnah’s death, rivalry within the Muslim League increased. Differences among leaders, changes in government and struggles for influence weakened the party’s ability to keep a united constitutional programme.

Prime Minister Liaquat Ali Khan was assassinated on 16 October 1951, which further weakened stability and removed another leading figure from the process. Frequent changes in leadership made it harder to sustain negotiations and reach lasting agreements.

11. Growing influence of the bureaucracy and the military

Civil servants and military officials gradually gained greater influence in national politics. Governor-General Ghulam Muhammad dismissed Prime Minister Khawaja Nazimuddin’s government in 1953 and dissolved the Constituent Assembly in October 1954. The Federal Court’s decision in the constitutional case on the dissolution further complicated the process.

The dissolution interrupted the Assembly’s work and forced the leadership to restart important parts of the process. The growing influence of unelected institutions weakened parliamentary development and added to instability.

12. Provincial and regional differences

Pakistan had two geographically separated wings, East and West Pakistan, with India between them. They differed in language, cultural traditions, economic conditions and political interests. East Pakistani representatives demanded greater recognition of their population and more participation in decisions.

Disagreements over provincial autonomy, resource distribution and the concentration of authority at the centre made it hard to create an arrangement acceptable to both wings, and these tensions remained a major obstacle throughout.