PAKISTAN STUDIES NOTES-GRADE 10TH

Chapter # 8 – Political Development in Pakistan 1947-2002

8.1.2 Discuss the Reasons for the Delay in the Constitution-Making in Pakistan, 1947-1956.

Causes of Delay in Constitution Making:

Background:

Following the partition of British India into two independent states, Pakistan and India, on August 14-15, 1947, as per the Indian Independence Act 1947, both nations were directed to adopt the Government of India Act 1935 until they formulated their own constitutions. India successfully promulgated its constitution within three years of independence in 1950. Conversely, Pakistan encountered a nine-year delay before adopting and enforcing its constitution.

Immediate Problems:

Upon its inception, Pakistan confronted urgent challenges demanding immediate attention. These included the influx of refugees, canal water disputes, the Kashmir war, and India’s refusal to allocate Pakistan’s share of military and financial assets. Addressing these pressing issues took precedence over long-term constitutional matters.

a) Refugee Problem:

Millions of refugees migrated to Pakistan to escape persecution and violence in various parts of India during partition. Providing accommodation, shelter, clothing, food, and medical care for these refugees became a priority before focusing on permanent settlement measures.

b) Canal Water Dispute:

In April 1948, India obstructed river water flow from Kashmir through its territory, endangering Pakistan’s agricultural viability. This action posed a threat to Pakistan’s survival by potentially damaging its agricultural sector.

Other Issues:

Death of Quaid-e-Azam:

The demise of Muhammad Ali Jinnah, Pakistan’s founder, before the constitution-making process could be completed, contributed to the delay. Jinnah outlined the country’s future constitutional framework during his address to the first Constituent Assembly on August 11, 1947. His leadership and non-controversial status could have facilitated the resolution of constitutional challenges if he had lived longer.

Disagreement over Parity of Representation:

The Basic Principles Committee proposed parity of representation in the central assembly, which sparked controversy. East Pakistan representatives opposed this, advocating for more significant representation due to their majority population. This disagreement stalled the constitution-making process.

India’s Denial of Assets:

India’s refusal to allocate Pakistan’s agreed share of military and financial assets worsened Pakistan’s economic and security vulnerabilities, diverting attention away from constitution-making efforts.

Language Issue:

The proposal to declare Urdu as the national language faced opposition from East Pakistani members who advocated for Bengali, the language of the majority. This, coupled with representation disputes, led to a constitutional deadlock.

Political Rivalry and Corruption:

Internal strife and disunity within the Muslim League, exacerbated by political intrigue and corruption, diverted attention from constitution-making activities.

Increasing Influence of West Pakistan:

The dominance of West Pakistan in politics, bureaucracy, and the military marginalized East Pakistan’s political and democratic rights, creating tensions in the Constituent Assembly regarding constitutional proposals.

Conclusion

The formative phase of Pakistan’s constitution-making process, spanning from 1947 to 1958, was characterized by a multitude of challenges and complexities. The nation faced immediate problems such as refugee influx, canal water disputes, and the Kashmir conflict, which demanded urgent attention and diverted focus away from constitutional matters. Additionally, internal disagreements over issues like parity of representation and language, coupled with political rivalry, corruption, and the untimely demise of Muhammad Ali Jinnah, further hindered progress.

The refusal of India to allocate Pakistan’s rightful share of military and financial assets exacerbated economic and security vulnerabilities, diverting scarce resources and attention from constitution-making efforts. Moreover, the increasing influence of West Pakistan, along with marginalization of East Pakistan’s political rights, created tensions within the Constituent Assembly, impeding consensus on constitutional proposals.