Chapter # 2 – Constitutional Development in Pakistan
2.2.4. Discuss the Factors which Delayed the Constitution-Making Process in the Initial Years of Pakistan.
Background
The British partitioned India into two independent states, Pakistan, and India, on August 14-15, 1947, in accordance with the Indian Independence Act 1947. This act stipulated that the new states would temporarily 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. However, Pakistan faced a significant delay of nine years before it could adopt and enforce its own constitution.
The factors responsible for the delay in the constitution-making process in pakistan are as follow.
Immediate problems:
- Refugee problem: Millions of Muslim refugees fled to Pakistan post-Partition, necessitating urgent attention to their accommodation, shelter, and basic needs.
- Canal water dispute: India’s blocking of river water from Kashmir in 1948 jeopardized Pakistan’s agriculture and survival.
- India’s denial of Pakistan’s share of financial and military assets exacerbated Pakistan’s economic and security vulnerabilities.
Other issues:
- Death of Quaid-e-Azam: Quaid-e-Azam’s death in 1948 hindered the constitution-making process, as he had outlined future constitutional plans but passed away before implementing them.
- Nature of State: Pakistan, emerging as an independent nation-state on August 14, 1947, after the dissolution of the British Indian Empire, possessed a unique state structure. Divided into two wings separated by 1000 miles of enemy territory, Pakistan faced distinctive challenges. The Eastern wing, despite having a larger population and higher literacy rate, suffered from economic underdevelopment, and lacked adequate representation in key governance and security institutions. Conversely, the Western wing, with its larger area and greater economic development, held more influence in the armed forces and bureaucracy. However, this division of power and resources created disparities that hindered consensus-building on crucial constitutional matters. As a result, Pakistan encountered difficulties in the process of constitution-making, reflecting the complexities inherent in its state structure.
- Disagreement over parity of representation: The Basic Principles Committee recommended parity of representation in the central Assembly, but East Pakistan representatives opposed it, advocating for more representation due to their majority status.
- Language issue: The proposal to declare Urdu the national language faced opposition from East Pakistan, which demanded Bengali be recognized as the national language.
- Political rivalry and corruption: Intrigue and disunity within the Muslim League, coupled with political mischief and intrigue, diverted attention from constitution-making.
- Increasing influence of West Pakistan-dominated bureaucracy and military: Bureaucrats and military personnel gained power, dismissing elected leaders, and stifling East Pakistan’s political rights, leading to conflicts within the constituent assembly.
Conclusion
Pakistan’s constitution-making process faced significant delays due to immediate challenges such as the refugee crisis, canal water dispute, and denial of assets from India. Additionally, issues like the death of Quaid-e-Azam, disagreements over representation and language, political rivalry, and the dominance of West Pakistan in bureaucracy and military complicated matters. The unique nature of Pakistan’s divided state structure further hindered consensus-building. Despite these hurdles, Pakistan eventually adopted its constitution, showcasing resilience amid complex socio-political dynamics.
Amazing notes