Yahya Martial Law

 When the Ayub stepped down as President of Pakistan on 25 March 1969, he handed
over the reins of power to Army Chief General Yahya who placed the country under
martial law with immediate effect.
 He announced the abrogation of Constitution and dissolution of the National
Assembly and two Provincial assemblies.
 Yahya assumed the office of Chief Martial Law Administrator (CMLA) and
appointed deputy Army Chief, Air Force Chief and Naval Chief as Deputy CMLAs.
 Twenty-five martial law regulations were issued on the same day listing offences,
punishments and trial procedures.
 On 1st April, Yahya assumed the office of President of Pakistan.
 On 4th April, an order was issued that, with immediate effect, photographs of Ayub
in government offices were to be taken down and replaced by those of Yahya.
Yahya Martial Law
 A distinct feature of his reign was that he was highly dependent on his
military fellow men and almost all the civil administrative seats were
occupied by military officials.
 After becoming the Chief Martial Law Administrator, Yahya Khan
founded a Council of Administration.
 There were Four members in all.
 He himself was the Head of that Council while the rest of the Three
were Military Officials.
 It was only later in August 1969 that a Council of Ministers replaced
the Council of Administration to give civilian look to the regime.
 Ironically, only two members of the new council were civilians.
Yahya Martial Law

 His political reign was marked by these significant features:

 a: Legal Framework Order 1970
 b: Dissolution of One-Unit
 c: Holding of Pakistan’s First free elections on adult franchise.
 d: Success of Pakistan Peoples Party in West Pakistan and of Awami
League in East Pakistan that confirmed the drastic political
differences between the two wings of the country.
 e: The war of 1971 and the division of Pakistan into two independent
states.
 Provisional Constitution Order

 On 4 April 1969, a provisional Constitution Order was promulgated by

CMLA wherein it was provided that, notwithstanding the abrogation of the
Constitution, the state of Pakistan would be governed as nearly as may be
possible with the last constitution.
 The CMLA was to be the President of Pakistan and would perform all
functions assigned to the President under the last Constitution or any other
law.
 No judgment, decree, writ, order or process could be made or issued by
any court or tribunal against the CMLA or a Deputy CMLA or any
authority exercising powers or jurisdiction under them.
 Ordinances by the President or a Governor were not subject to time limits.
 Provisional Constitution Order

 No Court or tribunal could call or permit to be called in question the

proclamation, any martial law regulation or order.
 The president, by order, could make such provisions, including
constitutional provisions, as he deemed fit for the administration of the
affairs of the state.

Action was initiated against a large number of people,

notoriously known by the number 303 – Altaf Gauhar, close to
Ayub throughout his regime was removed from services.
Legal Framework Order, 1970

 LFO 1970 lay down the basic principles for the future Constitution of Pakistan;
that the One Unit system would end by 1 July 1970 in West Pakistan; National
Assembly would consist of 313 members of which 13 would be reserved for
women.
 General Elections would be held on 5 October 1970 and the provincial elections
would be held not later than 22 October 1970.
 The Legal Framework Order also urged the Constituent Assembly to frame a
Constitution in which Pakistan was to be a Federal Republic and should be named
Islamic Republic of Pakistan.
General Elections 1970 –
The National Assembly

PROVINCE General Seats Women Seats

East Pakistan 162 7
Punjab 82 3
Sindh 27 1
NWFP 18 1
Balochistan 4 1
Tribal Areas 7 0
TOTAL 313
General Elections 1970 –
The Provincial Assembly

PROVINCE General Women

East Pakistan 300 10
Punjab 180 6
Sindh 60 2
NWFP 40 2
Balochistan 20 1
General Elections 1970

 Political parties were free from 1st January 1970 and were allowed electioneering.
 Around Twenty Four political parties were in the contest.
 The political history of Pakistan from 1947 to 1970 witnessed no General Elections.
 A three-member Election Commission was set up and Justice Abdus Sattar was appointed as
the first Chief Election Commissioner of Pakistan.
 General elections held on 7 December 1970, were the first ever through ought Pakistan held
on the basis of one man one vote and resulted in an overwhelming victory of Mujib’s Awami
League in East Pakistan and a large majority for Bhutto’s Pakistan Peoples’s Party in
West Pakistan.
 Out of total of 291 seats, the Awami League gained 151. It was also able to win 288 out of
300 seats in the East Pakistan Assembly.
 Pakistan Peoples Party managed to win 81 out of 138 seats reserved for West Pakistan in the
National Assembly.
 General Elections 1970
East Pakistan Punjab Sindh NWFP Balochistan Total
Awami League 151 (153) - (2) - (2) - (2) - (1) 151 (160)
PPP - (-) 62(77) 18(25) 1(16) -(1) 81 (119)
Council M. L. -(-) 7(50) -(12) -(5) -(2) 7 (119)
Ahle Sunnat -(-) 4(39) 3(8) - (-) - (1) 7 (48)
Jamaat-i-Islami - (69) 1 (43) 2 (19) 1 (15) - (2) 4 (148)
Qayyum M. L. - (65) 1 (34) 1 (12) 7 (17) - (4) 9 (132)
Convention ML - (93) 2 (24) - (6) - (1) - (-) 2 (124)
Pak. Democratic 1 (81) - (21) - (3) - (2) - (1) 1 (108)
Party
NAP Wali Group - (39) - (-) - (6) 3 (16) 3 (3) 6 (64)
Jamiatul Ulema-i- - (13) - (47) - (20) 6 (19) 1 (4) 7 (103)
Pakistan (Hazarvi Group

Independents 1 (109) 5 (114) 3 (46) 7 (45) - (5) 16 (319)

153 82 27 25 4 291
Constitutional Breakdown

 Yahra tried to persuade Mujib in January 1971 to meet Bhutto who had won a
majority of seats in National Assembly in the West Pakistan.
 Mujib refused to do so and asked Yahya to call the meeting of National Assembly on
15th February. Bhutto advised Yahya not to call the Assembly session.
 Yahya asked Mujib twice to come to West Pakistan for negotiations to resolve the
matters that were causing growing gap between the two wings but Mujib refused and
said if someone wanted to talk to him he should come to Bengal.*
 The story of twenty-four years of the union of East and West Pakistan is fraught with
grave misunderstandings, distrust and suspicion.
 It cannot be denied that it was a difficult and unusual political union from the very
beginning, which could not be kept together by a Constitution that ensured justice in
order to engender mutual trust between the people of the two wings of the country.
Constitutional Breakdown

 After the end of the 1971 war and separation of Bengal, people of
the “remaining” Pakistan came out on the streets declaring Yahya
and his fellows, traitors and asked for his removal from his
designation.
 Under strong public pressure he resigned and asked Zulfiqar Ali
Bhutto, president of the PPP to from government.
 Yahya Khan died on 10 August 1980 in Rawalpindi.
Separation of East Pakistan

 The separation of East Pakistan was a great setback to Pakistan. By 1970, sentiments
for national unity had weakened in East Pakistan to the extent that constant conflict
between the two Wings dramatically erupted into mass civil disorder.
 This tragically resulted in the brutal and violent amputation of Pakistan’s Eastern
Wing.
 In the General Elections held in December 1970, the Awami League achieved an
overwhelming victory.
 They captured 167 seats, the highest number in East Pakistan and overall. In the West,
the Pakistan Peoples Party had won 85 seats.
 The way was now open to draw up a new Constitution.
 The Awami League, now overwhelmingly victors, stood firm on its Six Points plan
and refused to compromise on that issue.
Separation of East Pakistan

 The Peoples Party in the West maintained that the Six Points Program did not
really permit a genuine Federation.
 It was in fact a unique constitutional proposal that proposed a Federation that had
power only over defense and foreign policy.
 Unfortunately, on March 23, the Republic Day of Pakistan, the Awami League
declared “Resistance Day” and Bangladesh flags flew all over the Province.
 There was a great massacre.
 East Pakistan had reached a point of no return.
 To quash the armed rebellion of Awami League militants, the Pakistan Army
struck its first blow on March 27, 1971.
Separation of East Pakistan

 Yahya Khan chose to use force to bring law and order in the country.
 In the meantime, India exploited Pakistan’s dilemma to the full. It
sought to wring full propaganda and strategic value for itself out of
the Bengali suffering and misery.
 India launched an attack on East Pakistan on November 22, 1971.
 The use of modern Soviet missiles, geographical separation by a
thousand miles lying across the hostile Indian territory, and the
collusion of Mukti Bahini and the Indian Army, made Pakistan’s
military defeat in the East almost certain.
 Mujib Six Points
1. There would be a Federal Parliamentary system based on direct adult franchise and
representation of provinces would be on the basis of population in the Federal
Legislature.
2. The Federal Government will be restricted only to Foreign affairs, Defense and
Currency. And even regarding Foreign Affairs, the dealings of economic matters
would rest with the Provinces.
3. There would either be Two different Currencies for the two wings or a single one with
separate Federal Reserve systems for each wing.
4. The power of implementation and collection of taxes would lie with the provinces.
The federal government will be given enough shares to fulfill its tasks of foreign
affairs and defense.
5. There would be separate accounts of Foreign Exchange Earnings for Each Wing.
6. The East Pakistan would be given the authority to have a militia or paramilitary
force solely under its Provincial Government.