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‫ ۔‬ ‫ ر‬ ‫ اور ر چ و‬ ‫ں‬ ‫ م ر‬،‫ ں‬ ‫ م ل و‬، ‫ ن ر‬ ، ‫ ۔‬،‫ ز‬ ،‫ ز‬ ، ‫ آ‬ ‫ رے
، ‫ آ‬ ‫ رے س م‬03058906050

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Course: Political and Constitutional Evolution in Pakistan (6490)
Level: B.Ed (2.5/4-Years)
Semester: Spring, 2019
ASSIGNMENT No. 1
Q.1 Discuss efforts for rehabilitation of immigrants and the problems faced in this regard by the
Page |
first government of Pakistan.
1 Answer:
The new addition to the definition concerns property issues. Modifications were made to the definition to
cater to the particular stage of rehabilitation. The earlier definition dated back to 1948 and was
representative of the initial phase of rehabilitation, which was restricted to the provision of relief only. The
second definition of 1950, and specially the very Act from which it is taken, is representative of the
government’s intention to provide compensation for the losses suffered by the displaced persons and also
to permanently rehabilitate them. Refugee policy from now on was not only about relief, but also about
rehabilitation. Along with the Evacuee Property Act (1950), which also used the same definition for the
displaced persons in addition to introducing a new category of persons— the evacuee, this definition also
shows that permanent rehabilitation would mean the displacement of one section of the population to
accommodate another. In this regard property would once again hold immense importance.
Going back to the definition of the displaced persons (as used in the Claims Act 1950), we can deduce a
number of points. The cut-off date is set at 1st March 1947. This is so because that is when the riots are
presumed to have started in Punjab. The definition includes all the people who moved out of ‘any area now
forming part of Pakistan’ into India on account of ‘civil disturbances’, or, even ‘the fear of such
disturbances’. This point is worth noting, since, by this definition then, it is clear that the State does not
differentiate between migrants from West Pakistan and those from East. Also, the State recognises
displacement of the people not only on account of direct ‘civil disturbances’, but also, those on account of
‘fear’ of such disturbances. As we shall see, whereas the categorisation of the ‘displaced person’ remained
uniform, at the time of application, it was accompanied by certain riders which kept the migrants from East
Pakistan from availing benefits which should have been meant for both sets of refugees.
From Relief to Rehabilitation
The first task of the Ministry of Relief and Rehabilitation was to provide relief to the migrants. P N Luthra,
writing in the twenty-fifth year of India’s independence, mentions that initially the refugees were looked
after on an ‘adhoc basis’ by the voluntary organisations and villagers in the border areas. This was so
because the Government thought it was a temporary displacement and that after the violence had
subsided people would go back to their homes. However, this did not happen and so massive relief
operations had to be taken up by the government. A number of relief camps were opened in East Punjab,
Delhi, Rajasthan, Himachal Pradesh and the United Provinces—‘By December 1947, there were 160 relief
camps with 1.2 million refugees spread over in various parts of the country…’ Delhi, too, was home to many
Hindu and Sikh refugees from West Pakistan. In addition, however, it was also home to the Muslim refugees
from Delhi itself. They had come to the ‘Muslim camps’ for their safety but with the intention of going back
to their
homes in Delhi once the situation normalised. But not many could go back to their homes, which they
found often occupied by the Hindu or Sikh refugees. Unable to reclaim it, they were compelled to go to
Pakistan rather unwillingly. I shall return to this theme later, for now it will suffice us to know that in Delhi,
therefore, there were camps for the Hindu and Sikh refugees and also those for the Muslim refugees. Anees
Kidwai presents a harrowing description of the two Muslim camps. Whereas, the one at Purana Qila was a
camp set up hastily by the refugees themselves in the wake of the September riots in Delhi, the one at
Humayun’s Tomb was set up by the Government of India. And as mentioned in Chapter I of this
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‫ ۔‬ ‫ ر‬ ‫ اور ر چ و‬ ‫ں‬ ‫ م ر‬،‫ ں‬ ‫ م ل و‬، ‫ ن ر‬ ، ‫ ۔‬،‫ ز‬ ،‫ ز‬ ، ‫ آ‬ ‫ رے س م‬03058906050
dissertation, Kidwai also goes on to compare the camps for Muslims with those for the Hindus and finds
that the latter were much better provided for. The purpose of the refugee camps for the displaced persons
from West Pakistan was not merely to provide relief to these victims of violence and displacement. It was
also to make a rough estimate of the approximate number of people who would have to be provided
permanent rehabilitation. Based on these reports, refugees were classified as: able-bodied men who could
Page | be recruited in available jobs (rural or urban based), women who could be employed either in work-centers
2 or who would have to be housed in special homes for single women, and, finally, the old or disabled
refugee men and women were classified by the government as permanent liability, and, thus, were to be
housed in the Permanent Liability camps. Camps were also the ideal ground for propaganda and publicity
of party ideologies. For example the camps opened by the Hindu Mahasabha became the recruiting ground
for RSS volunteers. Anees Kidwai mentions the antiCongress propaganda carried out by some Muslim
Leaguers in the Purana Qila camp. Refugees in these camps, thus, proved to be combustible elements ready
to be exploited by parties and politicians with vested interests.
Camps were not set up arbitrarily; rather they were located at places very close to the future site of
permanent rehabilitation. An analysis of the camps set up for the refugees from East Pakistan shows that
they were not set up with any intention of providing permanent rehabilitation at some stage. The sense of
urgency here was only in disposing off the migrants as fast as possible. Thus, the threat of closure of such
camps always loomed large. Even when it was decided to close down the camps by 31st October 1949 for
the refugees from West Pakistan clear instructions were given that this should not be done till suitable
alternative accommodation was provided—‘It is not good enough just to inform State and other
Governments that you are going to stop this free feeding. You have to device adequate alternatives of
work…. There must be intensive and accurate planning and checks as to how far your plan is succeeding.’
Apart from the measures taken by the Government, the local population, too, participated actively in the
process. An Arya Samaj worker states how they would regularly go to the railway station and bring the
refugees from there, and house them in mandirs, schools and gurudwaras. ‘We ran our meals for a month.
After about a month, we thought these people might become dependent upon us, and they should be
assisted in finding employment. So we helped them find some initial work. We gave them small sums of
money to start some work, and so some started selling fruits, and so on…. So we tried to get them on their
own feet as soon as possible.
{===============}
Q.2 Elaborate the constitutional problems of Pakistan faced after its emergence.
Answer:
If you think Pakistan’s Independence was a piece of cake, well, you’ve got another thing coming for you.
Not just the process of separating the country, the aftermath of the Independence was worse for Muslims
of Pakistan, and the refugees who wanted to join Pakistan instead of India. This country was made after
many sacrifices of blood, sweat and tears – and it is our moral duty to pay tribute to the efforts of every
single Pakistani who made this country what it is today.
Here are some cruel issues Pakistan faced after Independence from India in 1947.
1. Choice of Capital City and Establishment of Government
The first problem Pakistan had to face was choosing an administrative Capital city to form and establish a
government. Quaid-e-Azam as Governor-General chose Karachi. Pakistan had to build its administration
from the start and officers were brought in specially from Delhi. Upon arrival, there were no offices so
interim offices were set up in barracks and public buildings just to kick things off.
2. Unfair Boundary Distribution – Radcliffe Award
The boundary commission set up under Sir Cyril Radcliffe proved to be a treacherous one for Pakistan. Lord
Mountbatten’s influence and incline towards India helped as Gurdaspur, Ferozpur, Jullandar and Kashmir
were sided with India – even though all these were Muslim majority areas.
3. The Massacre of Muslim Refugees In India
If you think Pakistan’s Independence was a piece of cake, well, you’ve got another thing coming for you.
Page | Not just the process of separating the country, the aftermath of the Independence was worse for Muslims
3 of Pakistan, and the refugees who wanted to join Pakistan instead of India. This country was made after
many sacrifices of blood, sweat and tears – and it is our moral duty to pay tribute to the efforts of every
single Pakistani who made this country what it is today.
Here are some cruel issues Pakistan faced after Independence from India in 1947.
1. Choice of Capital City and Establishment of Government
The first problem Pakistan had to face was choosing an administrative Capital city to form and establish a
government. Quaid-e-Azam as Governor-General chose Karachi. Pakistan had to build its administration
from the start and officers were brought in specially from Delhi. Upon arrival, there were no offices so
interim offices were set up in barracks and public buildings just to kick things off.
2. Unfair Boundary Distribution – Radcliffe Award
The boundary commission set up under Sir Cyril Radcliffe proved to be a treacherous one for Pakistan. Lord
Mountbatten’s influence and incline towards India helped as Gurdaspur, Ferozpur, Jullandar and Kashmir
were sided with India – even though all these were Muslim majority areas.
3. The Massacre of Muslim Refugees In India
The worst and most cruel issue was the division of Punjab – as half the majority was Sikh. Upon dissection
of Punjab, Hindu leaders influenced the Sikhs and made them wreak havoc upon poor Muslim families.
Massacre after massacre was the result in Punjab. Infants killed, women raped – the streets of Punjab were
full of Muslim blood and amputated limbs. 600,000 Muslims were said to be killed in 7 days!
4. Rehabilitation of Refugees Who Reached Pakistan
Upon arrival of the Muslim refugees in Pakistan – there was no base of accommodation for the refugees.
Again, the leadership had to resort to public buildings and barracks – refugee and aid camps were set up
and sustenance was given to the refugees. Quaid-e-Azam told the refugees: “Pakistan has to come stay and
it will stay!”
7. The Scandal and Problems Of the Princely States
When Junagarh, a small area 300km away from Karachi, wanted to accede to Pakistan – the Indians waged
a sharp attitude and denied accession to Junagarh and another small Princely state called Manavaders. The
act was a violation of the basis that states be let to decide their future.
{===============}
Q.3 Critical analyze the role of Quaid-i-Azam as Governor General of Pakistan.
Answer:
Quaid-i-Azam became first Governor General of the nascent state of Pakistan on August 15, 1947. The new
responsibility was like bed of thrones for him. The new country was faced with lot of problems like refugee
rehabilitation, issue of princely states, non-availability of a workable system for running affairs of the State,
farming of new constitution and financial strains etc. Quaid-i-Azam tackled these problems boldly and with
failing health in such a manner that its parallel cannot be found rarely in history of the world.
Quaid-i-Azam was fully aware of the part played by Muslims of India in the creation of Pakistan. During the
short period that he lived after the creation of Pakistan, he undertook “despite failing health long and
arduous journey to the remotest parts of the country in an effect to keep up the confidence and moral of
the people.”1 Quaid-i-Azam laid down correct precedents and traditions for the growth of a democratic
Pakistan. For instance, despite insistence of the people, he declined to accept Presidentship of Muslim
League as “he considered it inconsistent with his position as Head of the State.”
The nascent state of Pakistan was engulfed with shortage of funds and requirements of the State as he told
Begum Shah Nawaz “only twenty crores of rupees in the treasury and nearly rupees forty crores of bills
lying on the table.” Beside appealing for funds, he introduced a note of simplicity and austerity into the
conduct of offices.
Quaid-i-Azam was fully aware of the role of officials taking interest in politics are being dragged to serve
Page | political ends. In his talk to Government Officers at Peshawar on 15 April 1948, he emphasized, “you should
4 have no hand in supporting this political party or that political party, this political leader or that political
leader—this is not your business…. Your duty is not only to serve that government loyally and faithfully, but,
at the same time, fearlessly, maintaining your high reputation, your prestige, your honour and the integrity
of your service.”
Quaid-i-Azam being a constitutionalist was firm believer and staunch supporter of rule of law. According to
the A.D.C. of Quaid-i-Azam, Major Gul Hasan, “around 400 government servants assembled before the
gates of Governor General House, for a protest, the staff asked for permission to scatter the protestors
through lathi charge, but Quaid-i-Azam, told the staff that peaceful protest is their constitutional right.”
Quaid-i-Azam was in favor of giving provincial autonomy to the provinces. It is evident from the fact that
right from his Fourteen Points till establishment of Pakistan, he always emphasized provincial autonomy.
Quaid-i-Azam firmly believed that no nation can consolidate without education. In a message to All India
Educational Conference, he said, “There is no doubt that the future of our state will, and must, greatly
depend on the type of education, we give to our children. There is immediate and urgent need for giving
scientific and technical education to our people and at the same time, we have to build up the character of
our future generation.”
Quaid-i-Azam stressed on the economical and financial development of the country. “The organizations like
Muhammadi Shipments, Orient Airways, Habib Bank, Muslim Commercial Bank, All India Federation of
Muslim Chambers of Commerce and Industries and Printing Press came into being.” On eve of opening
ceremony of State Bank of Pakistan, he said, “I shall watch with keenness the work of your research
organization in evolving banking practices compatible with Islamic ideals of social and economic life.”8 In
another occasion addressing a gathering at Chittagong, he said, “you are only voicing my sentiments and
the sentiments of millions of Musalmans when you say that Pakistan should be based on sure foundations
of social justice and Islamic socialism—no other ‘ism’—which emphasize equality and brotherhood of man.
Similarly you are voicing my thoughts in asking and aspiring for equal opportunity for all.”
Quaid-i-Azam believed in a foreign policy based on peace, tranquility and cooperation. On eve of the
inauguration of Pakistan Broadcasting Service, he said, “Our object should be peace with in and peace
without. We want to live peacefully and maintain cordial, friendly relations with our immediate neighbours
and with the world at large.”
{===============}
Q.4 Discuss in detail Bogra formula and its benefits.
Answer:
When Muhammad Ali Bogra became the Prime Minister of Pakistan, the main task ahead of him was to
achieve an agreement on a workable constitution for the country. He worked hard on this project and
within six months of assuming power, came out with a constitutional formula. He presented the formula to
the Constituent Assembly on 7th October 1953 and it is known as the Bogra formula. The major features of
the formula were:
 The federal legislature would comprise of two houses – the House of Unit and the House of People.
The total strength of the House of Units would be 50, which was to be equally divided among five
units namely, East Bengal, Punjab, NWFP, Frontier States, Sindh and Khairpur, Balochistan. The
House of Units would be elected indirectly by the legislature of the units. The Bogra formula
reduced the 9 units of West Pakistan into 4 units.
 The House of People was to have a total number of three hundred members, to be divided among
the five units in this manner – East Bengal 165 members, Punjab 75, NWFP 13, Sindh 19, State of
Khairpur 1, Balochistan 3, and Bahawalpur State 7.
 Both Houses were to have equal powers in all matters. There was a provision for a joint session of
the two for the election of the Head of the State and for the disposal of votes of confidence.
Page |  In case of a difference of opinion between the two Houses, a joint session of the two Houses would
5 be called and the matter would be decided by a majority vote, provided that the majority included
thirty percent of the members from each zone.
 It maintained the principle of parity between East and West Pakistan in combined Houses, with 175
seats for each zone. So in total, both the wings were to have 175 seats each in the two Houses of
the Legislative Assembly.
 In place of the Board of Ulama, the Supreme Court was given the power to decide if a law was in
accordance with the basic teachings of the Holy Quran and Sunnah.
 The two houses of the Legislative Assembly formed the Electoral College for the Presidential
elections and the President was to be elected for a term of 5 years
This proposal was received with great enthusiasm however, there were some points of criticism as well. The
issue of equal powers to both Houses attracted a lot of criticism and some people maintained that since
the lower house represented the people it should have more power. But generally this proposal was
accepted although the parliament was divided on the response to the formula. Another significant measure
during this period which facilitated the problem of constitution making was the settlement of the language
issue. In 1954 the Constituent Assembly of Pakistan decided that the Bengali and Urdu would be the
national languages of Pakistan. This decision facilitated the constitution making process.
Unlike the two reports of the Basic Principles Committee, the Bogra Formula was appreciated by different
sections of the society. There was great enthusiasm amongst the masses as they considered it to be a plan
that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the
country. The proposal was discussed in the Constituent Assembly for 13 days, and a committee was set to
draft the constitution on 14th November 1953. However, before the constitution could be finalized, the
Assembly was dissolved by Ghulam Muhammad, the then Governor General of Pakistan.
{===============}
Q.5 Elaborate the causes of downfall of Ayub Khan.
Answer:
In the midst 1950s Pakistan was like Hobbes State of Nature. The political situation was deteriorating day
by day. So on October 7th 1958, President Maj. Gen. Sikander Mirza imposed Martial Law and appointed
Gen. Muhammad Ayub Khan as the CMLA. The Revolution of 1958 was welcomed by the people of Pakistan
and they heaved a sigh of relief as the Martial Law regime at once restored law and order situation in the
country. However, after some time Gen Ayub Khan deposed Sikander Mirza and assumed the office as the
second President of Pakistan. In 1962 he gave a new constitution to the country and ailed the country for
about 11 years. During this prolonged era, he adopted such policies and committed such blunders, which
led the people to rise his regime in the shape of strong country-wide anti-government agitation and
demonstrations. At last on 25th March 1969 he announced his resignation and handed over power to Gen.
Yahya Khan the then C-in-C of the army and explained the reasons of his resignation in his broadcast to the
nation.
Failure of Mohammad Ayub Khan
Following are the major causes of the failure of Ayub's regime
Ayub’s Constitutional Dictatorship
In 1958 Ayub's Martial Law had been held by a popular acclaim as it put promise to put an end to the
misuse of power, corruption and political stability but when he ascended to thrown, he started thinkin g of
life-long rule and when he gave 'his one rule' legal cover under the 1962 Constitution, the political parties
and democratic minded people were not ready to tolerate his dictatorship for a long time and bitterly
opposed the system.
Presidential System
President Ayub introduced Presidential system under 1962 Constitution because he considered strong
Page | executive to be sole panacea of all the political ills prevalent in the country at that time, but the fact was
6 that he wanted to concentrate everything in his own hands. There was no real division of powers between
the legislature and the executive. As a result the legislature became less important and executive more
authoritarian.
Federal form of Government
Under 1962 Constitution Pakistan was a federation. It is the essence of a federation that all federating units
must autonomous in their internal affairs and decisions but it was not the case with Ayub's federation. It
was federal only in theory while in practice the units were under the supreme control of the centre. They
depended upon the centre regarding all their matters and decisions. The centre dictated them in terms.
Ayub's System of indirect Election
Under the 1962 Constitution indirect system of election was adopted. The primary voters were to elect
Basic Democrats who were to serve as an electoral college for the election of the President, members of
National and Provincial Assemblies. Their strength was 80,000 equally distributed between both the wings.
Later on their strength was raised to 120,000. His indirect system of election was criticized on the ground
that the government and other political parties could easily force the limited number of Basic Democrats to
vote for their candidates and the common had been deprived of their right of proper participation in the
affairs of the state or we can say that there was very restricted franchise.
The 1965 War and the Tashkent Declaration
The 965 War proved to be a great setback in Ayub's career. He had adopted a war strategy according to
which the East-Pakistan was left defenseless. However, the strategy remained useless during the war. The
Tashkent Agreement after the 1965 war was not welcomed by the people because it provided withdrawal
retreat of the troops to their respective pre-war positions. That why Z.A. Bhutto declared that what Pakistan
had gained in the battlefield was lost on the diplomatic table.The core issue of the war was Kashmir dispute
but it was not mentioned in the Tashkent Declaration. Hence no advancement was made for the solution of
this problem in the post-Tashkent Agreement period, which created disappointment not only among
masses but also in the army.
Economic instability and Disparity
After coming into power Muhammad Ayub Khan resolved to make Pakistan economically developed. But
he failed to stabilize Pakistan's economy on sound footings. Wealth began to concentrate in few hands
particularly to 22 families. In 1968 Dr. Mehboob-ul-Haq a chief economist, disclosed that these 22 families
controlled 67% of the entire industrial capital, 80% of banking and 97% of insurance capital. This socio-
economic injustice widened the gap between the rich and the poor. The number of educated jobless
people was increasing day-by-day, prices of essential commodities raised to such an extent that in 1968
there occurred serious shortage of sugar and drinking, water in Karachi. Ayub's economic activities did not
bring any change and revolution in socio-economic position of common man. Hence the people frustrated
slowly and gradually of his regime.
Insistence on One Unit
In October 1955 One Unit was established to create parity between the two wings. Small provinces and
regional political parties had been condemning. One Unit from the very beginning of its creation when
Ayub came to power, he insisted on One Unit, which produced instance reaction among the small
provinces and regional political parties of Bengal. For this purpose they started agitation against Ayub’s
regime to force him to dissolve One Unit.
Ayub's Elective Body Disqualification Ordinance
President Muhammad Ayub Khan had introduced EBDO. Many politicians of both the wings of Pakistan
were EBDOed for misuse of power. In addition many politicians including Ayub Khuro were arrested on
specific grounds and charges. Ayub Khan' aim of this ordinance was in fact to remove his political
opponents from political scene. This ordinance was severely criticized by the politicians who termed it as
Page | everybody disqualification ordinance.
7 Ayub's Family Law Ordinance
Ayub's regime had promulgated Family Law Ordinance under which polygamy was banned, age limit was
fixed for both the sexes from 14 to 16 years, husbands were restricted to divorce and sale of daughters was
banned etc. Such laws invited the wrath of orthodox religious leaders and people. Besides, his family
planning programme was declared un-Islamic by the staunch Ulama. All the above policies were also
bitterly criticized by religious scholars. Even some enthusiastic mullahs passed a verdict and declared him
'Kafir'.Their response also came in the shape of agitation and demonstrations.
Press and Publication Ordinance
Ayub khan had issued Press and Publication Ordinance in order to revise the existing laws pertaining to the
proprietorship editorship of newspapers etc. But this ordinance severely affected the freedom of the press
as it was used to propagate the idea of the Government and to defame the Opposition parties. People and
the political parties were deadly opposed to this ordinance, which brought the press under tight grip.
Ayub's University Ordinance
Under the University Ordinance of Ayub’s regime, Bachelor degree course was extended from 2 to 3 years
and a method of monthly exam was introduced. The results of monthly tests were to be considered while
determining the annual final results etc. These measures were rejected by the students and universities
staff. Students of East-Pakistan formed a Students Action Committee to stress him to carry out their 11
Points programme. The movement gained further momentum when on 20 th January 1969 a student leader
was killed by police firing in Decca.
{===============}

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‫ ۔‬ ‫ ر‬ ‫ اور ر چ و‬ ‫ں‬ ‫ م ر‬،‫ ں‬ ‫ م ل و‬، ‫ ن ر‬ ، ‫ ۔‬،‫ ز‬ ،‫ ز‬ ، ‫ آ‬ ‫ رے

، ‫ آ‬ ‫ رے س م‬03058906050

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