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Development of constitution in the post-

independence period (1947- 1973)


The post-independence period from 1947 to 1973 witnessed
the development and adoption of significant constitutional
frameworks in various countries of the Indian subcontinent.
Here's an overview of the constitutional developments during
this period in India, Pakistan, and Bangladesh (formerly East
Pakistan):

India:

1. Constituent Assembly: After gaining independence in 1947,


India established a Constituent Assembly to draft a
constitution. The Constituent Assembly, comprising
representatives from various political parties and regions,
worked for nearly three years to create the constitutional
framework.

2. Adoption of the Constitution: The Constitution of India was


adopted on January 26, 1950, and came into effect, marking
India's transition to a republic. The constitution established
India as a sovereign, socialist, secular, and democratic republic,
guaranteeing fundamental rights, providing a parliamentary
system, and outlining the structure and powers of the
government.

3. Features of the Constitution: The Indian Constitution is


characterized by its comprehensive nature and commitment to
democracy, social justice, and fundamental rights. It
incorporates provisions for a federal system, separation of
powers, an independent judiciary, and a fundamental rights
chapter that guarantees various civil, political, social, and
economic rights.

Pakistan:

1. Objective Resolution: Pakistan's constitutional journey began


with the adoption of the Objective Resolution in 1949, which
outlined the guiding principles for the future constitution. The
resolution declared Islam as the state religion and sought to
establish an Islamic democratic framework.

2. Adoption of Constitutions: Pakistan adopted its first


constitution in 1956, which established Pakistan as an Islamic
republic. However, this constitution was suspended following a
military coup in 1958. Subsequent constitutions were adopted
in 1962 and 1973.
3. 1973 Constitution: The Constitution of Pakistan in 1973
marked a significant development. It established a federal
parliamentary system with a bicameral legislature and
provisions for the protection of fundamental rights. The 1973
constitution reflected a compromise between different political
and regional interests, including recognition of provincial
autonomy.

Bangladesh (formerly East Pakistan):

1. Emergence as an Independent Nation: After a liberation war


in 1971, East Pakistan emerged as the independent nation of
Bangladesh. It had previously been part of Pakistan since the
partition of British India in 1947.

2. Adoption of the Constitution: Bangladesh adopted its first


constitution in 1972. The constitution established Bangladesh
as a parliamentary democracy with a unitary structure. It
proclaimed Bengali as the state language and Islam as the state
religion, while also guaranteeing fundamental rights.

During the post-independence period, India, Pakistan, and


Bangladesh undertook the task of establishing constitutional
frameworks that reflected their aspirations for governance,
identity, and social justice. These constitutions provided the
legal and institutional foundations for the newly independent
nations, shaping their political, legal, and social landscapes in
the years that followed.

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