Course: Political and Constitutional Development in Pakistan-I (4667)

Level: M. Sc Pakistan Studies Semester: Spring, 2022

Semester: Spring 2022

Program: MSc Pakistan Studies

Name: Amir Ullah

Reg no: 06AKR0066

Roll No: BY553477

Course Code: 4667

ASSIGNMENT No. 1

Q.1 Make a detailed analysis of problem of accession of Kashmir. How had India
manipulated the circumstances and occupied Kashmir?

ANS :

The problem of Kashmir emerged after the Independence of India when it was partitioned into
two nations along religious line, i.e. into India and Pakistan. At that time there were more than
500 princely states that had the option of either acceding to India or Pakistan or remain
independent. One of these princely states was the state of Jammu and Kashmir which had
Muslim dominated population but was ruled by a Hindu king named Hari Singh. Its location
gave the state a strategic importance as it shared borders with both India and Pakistan. Unlike
most other princely states like Junagadh and Hyderabad, Kashmir was contiguous with both
India and Pakistan.

The leading party of Kashmir at that time was National Conference formed by Sheikh Abdullah.
Sheikh Abdullah shared good relations with the Indian Prime Minister Jawaharlal Nehru and
both leaders were committed in Hindu-Muslim harmony and to socialism. Pakistan naturally
expected that after the end of the control of the British crown, the State of Kashmir with its
Muslim majority will join it. India thought that the religious factor was irrelevant, especially
since the leading political party, the National Conference was known to be non-sectarian. There
was ‘no wellorganized body in Kashmir advocating accession to Pakistan’; the National
Conference has been pro-Congress and anti-Pakistan.[1]
On 15 August, Kashmir had not acceded either to India or to Pakistan. On 12 October, the deputy
prime minister of Jammu and Kashmir said that ‘we have no intention of joining either India or
Pakistan. The only thing that will change our mind is if one side or the other decides to use force
against us.[2] Two weeks after these words were spoken Pakistan sent in several thousand armed
tribesmen to capture Kashmir. Seeking to protect his state, Maharaja Hari Singh asked military
assistance from the government of India. The Indian government however put forth the condition
that India will give military assistance only if Maharaja Hari Singh signs to accede Kashmir with
India.
On 26th October, Hari Singh signed the Instrument of Accession to join the Union of India. The
next day Indian troops landed in Kashmir.[3]The fight between Indian troops and the tribesmen
continued till the onset of winters.
On 1 January 1948, India decided to take the Kashmir issue to the United Nations on the advice
of
Lord Mountbatten. “Through January and February the Security Council held several sittings on
Kashmir. Pakistan represented by the superbly gifted orator Sir Zafrullah Khan, was able to
present a far better case than India. The Kashmir problem was recast as part of the unfinished
business of Partition. India suffered a significant symbolic defeat when the Security Council
altered the agenda item from the ‘Jammu and Kashmir Question’ to the ‘India-Pakistan
Question’.”[4]
In a resolution dated August 13, 1948, the UN asked the Pakistan to remove its troops after
which India will have to remove its troops. Once this happened, a ‘fair and free’ plebiscite was to
be held by which Kashmiri people will decide their own future.[5] Pakistan believed that a free
and fair plebiscite could not be held till the time the government of Sheikh Abdullah is in place.
The Prime
Minister of Pakistan stated that first “an entirely new administration should be set up in Kashmir,
which the people of Pakistan would accept as impartial.”[6]However, the Indian government
insisted a plebiscite could be conducted under a National Conference administration whose
leader, Sheikh Abdullah, was the ‘most popular political leader in the state’. Also, the Indian
government contended that the plebiscite shall be contended in the whole of Kashmir including
the part which Pakistan had captured and put forth the condition that Pakistan removes its forces
from the parts it had captured.
In November 1948, The Indian and Pakistani governments agreed to hold the plebiscite, but
Pakistan did not withdraw its troops Kashmir, thus violating the conditions for holding the
plebiscite. In addition, the Indian Government distanced itself from its commitment to hold a
plebiscite.[7]
On January 1, 1949, a ceasefire was agreed, with 65 per cent of the territory under Indian control
and the remainder with Pakistan.[8]Pakistan sponsored a government of Azad Kashmir on the
parts of which it has control whereas India refers it to as Pakistan Occupied Kashmir (POK).
Kashmir was formally incorporated into the Indian Union in 1957 when the Constituent
Assembly of Jammu and Kashmir unanimously ratified the Maharaja’s Instrument of Accession
and it has been granted special status under Article 370 of the Indian constitution.
The problem of Kashmir has been a bone of contention between the two countries since then and
has led to two wars between India and Pakistan. Pakistan continues to sponsor terrorism in
Kashmir to de-stabilise the Indian government there. The present situation is that Pakistan
continues to demand Plebiscite in Kashmir and wants to merge Kahmir with it since it has a
muslim majority population. It support its claim by referring to the wide spread insurgency in the
Kashmir which reflects that the people of Kashmir does not want to be with India. Whereas,
Indian government considers Kashmir to be an integral part of India and compromising with it
would be compromising with India’s sovereignty. India claims Kashmir to be its part since its
maharaja at that time signed the Instrument of Accession with India and also its Constituent
Assembly decided to incorporate with India.

The battle for Kashmir was, and is, not merely or even mostly a battle for territory. It is, as Josef
karbel put it half a centuary ago, an ‘uncompromising and perhaps uncompromisable struggle of
two ways of life, two concepts of political organization, two scales of values, two spiritual
attitudes’.

It is a nonsensical term, but let us dig a bit deeper into its origins.
It is the Indian princely state of Jammu and Kashmir after 1947, that used to be the Indian
princely state of Jammu & Kashmir before 1947. Do you see any difference between these two?
No.

In other words, it is a name Pakistan gave to the area that remained with India, after Pakistan had
itself invaded and occupied the rest of the state.

This is a British video shot in 1948 (after most of the Pakistani armed guerilla tribesmen were
pushed out of the Kashmir valley by the Indian army) titled ‘Kashmir celebrates independence’
showing Kashmiri women and men taking up arms (as Nehru watches them during his visit to
the valley) to defend their state against the Pakistanis who invaded their state (who the video
aptly calls ‘maurauding invaders’).

Pakistan wants the world to believe the lie that Kashmiris were fighting against Indian
occupation in 1947–48. Pakistanis need to un-brainwash themselves and watch these old British
videos and educate themselves about who occupied what.

As for how Pakistan itself came into existence, anyone interested in real history needs to
read Partition: ‘Keep a bit of India’

Since 1947, India and Pakistan have been locked in conflict over Kashmir, a majority-Muslim
region in the northernmost part of India. The mountainous, 86,000-square-mile territory was
once a princely state. Now, it is claimed by both India and Pakistan.

The roots of the conflict lie in the countries’ shared colonial past. From the 17th to the 20th
century, Britain ruled most of the Indian subcontinent, first indirectly through the British East
India Company, then from 1858 directly through the British crown. Over time, Britain’s power
over its colony weakened, and a growing nationalist movement threatened the crown’s slipping
rule.

Though it feared civil war between India’s Hindu majority and Muslim minority, Britain faced
increasing pressure to grant independence to its colony. After World War II, Parliament decided
British rule in India should end by 1948.
Britain had historically had separate electorates for Muslim citizens and reserved some political
seats specifically for Muslims; that not only hemmed Muslims into a minority status, but fueled
a growing Muslim separatist movement. Mohammad Ali Jinnah, a politician who headed up
India’s Muslim League, began demanding a separate nation for India’s Muslim population.

“It is high time that the British Government applied their mind definitely to the division of
India and the establishment of Pakistan and Hindustan, which means freedom for both,” Jinnah
said in 1945.

As religious riots broke out across British India, leaving tens of thousands dead, British and
Indian leaders began to seriously consider a partition of the subcontinent based on religion. On
August 14, 1947, the independent, Muslim-majority nation of Pakistan was formed. The
Hindumajority independent nation of India followed the next day.

Under the hasty terms of partition, more than 550 princely states within colonial India that were
not directly governed by Britain could decide to join either new nation or remain independent.

Q.2 After its establishment Pakistan faced chronic shortage of administrative personnel.
How had this problem been resolved? Explain in detail.

ANS

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.

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!”

5. Division of Military and Financial Assets With India

In order to embarrass Pakistan financially, India held against its promise and instead of
providing
Pakistan with Rs.750 million, in a treacherous act again, only gave Rs.200 million. Also, the
division of military assets was unfair and Pakistan had to go with the flow instead of waging
war from the weapons that were inevitably to be Pakistan’s.

6. Electricity and Water Issues

With the division of Punjab in a chronic manner, the Muslim majority areas fell to India – and
the electricity of West Punjab was disrupted because all the power stations were at Mundi (an
Indian area) – along with that, before the Indus Water Basin Treaty, Pakistan was buying water
from India because of the way the boundaries were commissioned. India took full advantage and
wanted to throw Pakistan into an economic crisis as most of our economy were through
agriculture.
 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.

8. Lingual Problems With East Pakistan (Bengal)

When Pakistan came into being, it was a heterogeneous inception of different languages
including Urdu, Sindhi, Punjabi, Balochi and Pashto – along with Bengali. As Quaid declared
Urdu as the official language, it did not go well with the Bengalis. When the Bengalis rioted, the
establishment sustained them by firing on the crowd – all this lead to Bengalis’ stance on a
separate nation.

9. Leadership Vacuum After Quaid-e-Azam and Liaquat Ali Khan

After Quaid-e-Azam Muhammad Ali Jinnah passed away due to his deteriorating health – all the
burdens of the country fell on the shoulders of Liaquat Ali Khan – who gave us the Objective
Resolution. The Anti-State Actors could not see Pakistan prospering and Khan was shot dead.
This created a vast leadership vacuum in Pakistan – nobody seemed good enough to step in

either one’s shoes.

10. Political Riots And Lingual Riots

With the Bengalis storming the State still their main issue being the lingual bias of Pakistan, East
Pakistan was on fire most of the time. Along with this, the Shia-Sunni sectarian violence was on
the high, and NWFP was simmering for a change in ministry. The Anti-Ahmedi riots lead
Lahore into Pakistan’s first Martial Law.

Pakistan came into being as a free Muslim state in quite unfavorable conditions. It had no
resources and it had to build up administrative machinery from scratch. However, supreme
efforts were made by the Muslims who exhibited a strong stance under Quaid’s leadership. In his
last message to the nation on 14th August, 1948 he told the nation: “The foundation of your state
have been laid and it is now for you to build and build as quickly as you can
Problems faced by pakistan after its creation
1. 1. Problem Faced By Pakistan After It's Creation Presented to Ms Mahwish Parveen
Presented by Muhammad Shams Roll No 19F-CH-02
2. 2. • Pakistan was established in 14th August 1947 and since its inception, it has been
surrounded by countless issues • Some Indians were saying Pakistan would not stand and
it will collapse soon‫اگ رہےجذبہتعمی رزندہ ت وپھ رکسچی زکیہممیںکمیہے‬
3. 3. Problems ① Choice of Capital and Establishment of Government ② The Massacre of
Muslim Refugees in India ③ Division of Military and Finantial Assets ④ Canal Water
Dispute ⑤ Kashmir Dispute ⑥ Annexation of Princely States ⑦ Unfair Boundary
Distrbution ⑧ Constitutional Problem ⑨ Death Of Quaid e Azam ⑩ Conclusion

4. 4. Choice of Capital and Establishment of Government • The first problem that Pakistan
had to face was to choose a capital to form a Government and to establish a secretariat •
Karachi was chosen as the capital of Pakistan. • Quaid-e-Azam took the office of the
Governor General • Liaqat Ali Khan was appointed as Prime Minister • A Cabinet of
experienced persons was selected. • Arrangements were to be made to bring the officials
who had opted for Pakistan from Delhi to Karachi.

5. 5. The Massacre of Muslim Refugees in India • On the birth of Pakistan,Hindus and

Sikhs became more furious. • Punjab, Delhi, Bengal and Bihar were worst affected areas.
• About one and a half million Muslims were killed . • More than one billion Muslim
were bound to migrate from India. • The Millions of refugees reached Pakistan in very
bad condition • Provision of residence , food & other necessities for them was a great
problem for newly born state.

6. 6. Division of Military and Finantial Assets • In order to embarrass Pakistan

financially ,India did a lot of dishonesty in the matters of Pakistan which were concerned
with its benefits. • Pakistan was promised to get Rs.750 million but the Bharat
Government refused to give. • Pakistan received only 200 million. • Pakistan also did not
receive the due share of the military assets. • This dishonest attitude put Pakistan into
great difficulties.
7. 7. Canal Water Dispute • Most of the river flowing in Pakistan have their origin in India •
In 1948,india stopped water supply to Pakistani canals to damage the Pakistani
agriculture. • However on 9th September ,1960 on agreement called "Indus Basin Treaty"
was signed between the two countries.

8. 8. Kashmir Dispute • Kashmir dispute is the most important and unsolved problem. •
Kashmir is the natural part of Pakistan becaouse at the time of partition 85% of the
Kashmir's total population was Muslim. • The Hindu dogra rule ,who was secretly with
the Govenment of India, declared Kashmir as a part of India. • Pakistan has continously
insisted that Kashmir must get their right of self determination but due to non-coperation
of India,Kashmir issue still remain unsolved.

9. 9. Annexation of Princely States Junagadh • The Muslim Nawab governing junagadh

favoured in acceding to Pakistan.But Indian Government sent Army troops towards
Junagadh and occupied the stste by force in November,1947. Hyderabad Deccan •
Hyderabad Deccan was the largest and richest state ruled by Muslim ruler Nizam who
decided to remain independent.But India attacked Hyderabad on 13th September 1948
and forcibly annexed this state to India. All Indian princely states were given the right to
link up with either of dominions.However,the fate of following states remained
undecided

10. 10. Unfair Boundary Distribution • A boundry commission was set up under a British
Chairman,Sir Cyril Redcliff. • He misused his powers and handed over Muslim majority
areas like Gurdaspur,Ferozpur,Jullander to India hence providing them a gateway to
Kashmir. • Quaid-e-Azam called it: " An unjust,incomprehensible and even perverse
award."

11. 11. Constitutional Problem • When Pakistan Establish the Government of India Act 1935
became the working constitution of Pakistan with certain adaptions. • But the need of a
constitution framed by the elected representatives of the people was necessary for free
people. • So the first constituent assembly was formed and was given the task to frame
the constitution for the country. • But the constituent assembly failed to frame a
constitution even in eight years. Lack of a permanent constitution created chances of
corrupt interference in democratic progress of Pakistan.
 12. 12. Death Of Quaid e Azam • Quaid-e-Azam was a man of great valour and had the
personality and outlook that of an intellectual. • He worked day and night not even caring
about his own health. • He was diagnosed with Tuberculosis (TB) but still he neglected
his health and thus died on September 11, 1948, only one year after the creation of

Pakistan • It was great loss of nation

13. 13. CONCLUSION • Pakistan came into being as a free Muslim state in quite
unfavourable circumstances • It had no resources ,it had to build up its administrative
machinery from a scratch. • But Supreme efforts were made by the Quiad-e-Azam and
his colligues to grapple with the situation . • In his last message to the nation on 14th
August 1948,he told the nation: • "The foundation of your state have been laid and it is
now for you to build and build as quickly and as you can."

Q.3 Critically analyze the objections raised by Bengalis on the Interim Report of Basic
Principles Committee

ANS

But the second and final report of the Basic Principles Committee was not received too well.
The report was criticized because of these defects: The draft ignored the fact that East
Bengal contained the majority of the population of the country and West Pakistan had a
major part
of the country’s territory.

The Basic Principles Committee was established on 12th March 1949 by Khawaja Nazimuddin
on the instruction of Prime Minister Liaquat Ali Khan. This committee had 24 members and was
headed by Khawaja Nazimuddin and Liaquat Khan was its vice president. This committee
presented its first report in 1950 but was severely criticized, particularly in East Pakistan so it
referred back to the Constituent Assembly. At that time sub-committees were also appointed for
public suggestions and these sub-committees made their reports and presented them to the Basic
Principles Committee which then presented the final and complete report to the Constituent
Assembly in 1952. The report was revised before an agreement could be reached in the
Constituent Assembly. The prominent features of the report were:

• The Objective Resolution was adopted as a preamble to the proposed constitution and its
principles were to guide the state. Another important clause was that which laid down
procedure to prevent any legislation to be made against the Quran and Sunnah.
• The Head of the State should be a Muslim and elected by the both Houses of the federal
legislature for a term of 5 years.
• Seats were also allocated for communities in the House of People.
• Word unit was specified for all provinces, capital, and federations. The head of these
units was to be selected for a term of 5 years.

• The formula gave weightage to the smaller units of West Pakistan. Federal legislature
comprised of two Houses, House of Units consisted of 120 members. The East Bengal
legislature was to elect 60 members according to the principle of proportional
representation and the rest of the members were to be elected from the west by the same
rule. The House of People had real authority and comprised of 400 members, 200 from
West and 200 from East Pakistan.
• Chief Minister of each unit and minister were appointed by the Head of that unit and
ministers for each unit would be chosen by the Chief Minister.
• When the federal legislature was not in session, the Head of the State could promulgate
ordinances. The Head of the State could dissolve the House of People on the advice or
counsel of the minister.
• Chief justice of the Supreme Court would be appointed by the Head of the State and
other 6 judges would also be appointed by the Head of the State by the recommendations
of the Chief Justice.
• Guarantees were also given to the civil servants of the federation and units against the
dismissal, and reduction in the rank without an opportunity to showcases.

But the second and final report of the Basic Principles Committee was not received too well. The
report was criticized because of these defects:
 • The draft ignored the fact that East Bengal contained the majority of the population of the
country and West Pakistan had a major part of the country’s territory.

• The draft made the lower house a weak replica of the House of People and reduced its
utility. It also made no provision if both houses were unable to resolve the conflict in a
joint session.

Like the first report, this was also criticized but this time criticism arose from Punjab which
considered the federal formula to be defective. They demanded equal representation for various
units in the lower house and equal power for both Houses. The Punjab members in the Basic
Principles Committee and the Federal Cabinet disliked the formula because they felt East
Pakistan would easily dominate West Pakistan which had been divided into nine units.

Religious leaders were also not satisfied with the Islamic character of the recommended
constitution especially with regards to their demand for the declaration of Ahmadis as
nonMuslims. In July 1952 during the All Pakistan Muslim Parties Convention held at Lahore a
demand was put forward for the removal of Ahmadis from the key posts including Zafarullah
Khan who was the Foreign Minister. Although Nazaimuddin sympathized with the demand
he refused to incorporate them in the Basic Principles Committee report. Basic Principle
Committee বাাাাংলা

Basic Principle Committee parliamentary committee appointed by the first CONSTITUENT

ASSEMBLY OF PAKISTAN set up under the provisions of the Indian Independence Act, 1947 for
making recommendations for framing the Constitution of Pakistan. With this end in view, the
Constituent Assembly passed a resolution called Objective Resolution in March 1949 defining
the aims and objects of the new Constitution.

After passing the Objective Resolution the Constituent Assembly appointed a committee of all
the parties on 12 March 1949 to frame an outline in accordance with the Objective Resolution on
the fundamentals of the future constitution of Pakistan. This committee consisting of 24
members was known as the Basic Principle Committee (BPC). It was also authorised to co-opt a
maximum of 10 members from persons other than the members of the Constituent Assembly.
The Prime Minister of Pakistan was appointed the convenor of the BPC. The Basic Principle
Committee established 4 sub-committees: (i) sub-committee to make lists of the fundamental
rights of the citizen, (ii) sub-committee to determine the principles of franchise, (iii) judicial
subcommittee, and (iv) sub-committee to prepare the outline of the federal and provincial
Constitution and of distribution of powers.

The BPC set up a special committee known as Talimaat-i-Islamia consisting of scholars well
versed in Islamic jurisprudence to advise on matters relating to Objective Resolution. The BPC
empowered all of the sub-committees to co-opt a maximum of three technical experts to give
advice, if necessary. The Basic Principle Committee submitted an Interim Report on 7
September 1950. The Interim Report envisaged a parliamentary system with a bicameral
legislature, consisting of the House of the Units and the House of the People. In the former, all
the units of Pakistan were to have equal representation, while the House of the People was to be
elected on the basis of population. The Committee did not mention the number of seats in the
House of the People. The Interim Report proposed for the establishment of a strong centre. The
President was given the power of proclaiming an emergency and suspending the constitution.
Urdu was recommended as the only state language.

The Interim Report created much suspicion and opposition in East Bengal. East Bengal opposed
the draft vehemently on the ground that it would lead to domination by West Pakistanis.
Protesting the Interim Report and mobilising public opinion in favour of establishing provincial
autonomy, a group of lawyers, journalists and political workers formed a Committee of Action
of Democratic Federation in October 1950 in Dhaka. The Democratic Federation organised a
provincial convention in Dhaka on 4-5 November 1950. The convention, presided over by Ataur
Rahman Khan of Awami Muslim League, proposed an alternative constitution which
recommended a republican form of government with full autonomy to the provinces. Only
foreign affairs, currency and defence were to be placed under the jurisdiction of the central
government. The convention proposed for a unicameral legislature, the members of which would
be elected on the basis of population. The convention demanded that both Bangla and Urdu
would be the state languages of Pakistan.

These counter constitutional proposals made by the Democratic Federation in the convention
received spontaneous support from the people. A strike was observed on 12 November 1950
demanding the approval of the above constitutional proposals. In view of the criticism from East
Bengal, the final consideration of the Report was postponed and suggestions were invited from
the public on the Interim Report. The Constituent Assembly then appointed a sub-committee
headed by Sardar Abdur Rab Nishtar to examine the suggestions and criticisms on the Interim
Report. The sub-committee made requisite investigations on the suggestions received, and
submitted its report to the Basic Principle Committee in July 1952. On the basis of this report the
BPC prepared its Second Draft Report for submission to the Constituent Assembly.

The Second Draft Report of the BPC was presented before the Constituent Assembly on 22
December 1952. The Report had the following features: (i) the parliament would consist of two
Houses; the House of Units was to consist of 120 members, 60 of whom were to be elected from
East Bengal. The seats for West Pakistan were allocated thus: Punjab 27, Sind 8, NWFP 6,
Tribal
Areas 5, Bahwalpur 4, Baluchistan and Baluch states 4, Khairpur 2 and Capital Karachi 4. The
House of People was to consist of 400 members to be distributed as follows: East Bengal 200
members to be elected directly, and 200 members were to be directly elected from West
Pakistan. (ii) The report proposed that to elect the head of the state, and in case of a conflict
between the two Houses, a simple majority in a joint sitting of the both Houses would decide the
issue. The Second Draft Report of BPC thus highlighted the principle of parity between the two
wings of Pakistan.

The Second Draft Report of BPC met the same adverse reception like the Interim Report. This
time the Punjabis opposed the proposals on the ground that it would establish Bangali
domination. The opposition from the Punjab to the Second Draft Report forced the Constituent
Assembly once more to postpone its deliberation for an indefinite period. Before the Constituent
Assembly could accept the Second Draft Report, the cabinet of Khwaja Nazimuddin was
dismissed (16 April 1953), and Mohammad Ali Chaudhury of Bogra was appointed the prime
minister. As the distribution of seats among the various provinces in the central legislature made
by BPC was unacceptable to East Bengal and the Punjab, the new Prime Minister emphasized
modifying the arrangements of distribution of seats. He was successful in bringing a
compromise between the two wings of Pakistan by putting before them a new proposal.
According to this formula, the central legislature would be bicameral with equal powers for both
Houses. The Upper House was to consist of 50 seats, of which 10 would be for East Bengal and
40 for West Pakistan. The Lower House was to have 300 seats of which 165 would be for East
Bengal.
The differences between the two Houses were to be settled through a joint sitting, and the
necessary majority in a joint session would have to include thirty percent of the members of each
wing. Thus under this formula, although East Bengal had only ten seats in the Upper House,
parity was maintained in both Houses taken collectively. Provision was made that in case the
two Houses failed to come to an agreement they would be dissolved by the head of the state.

In the light of Muhammad Ali's formula, the amended report of the BPC was adopted by the
Constituent Assembly on 21 September 1954. This final report was a 80-page long document. It
had 17 parts, the main subjects being the executive, the legislature, amendment of the
constitution, the election process, the judiciary, relations between the centre and the units, the
language of the republic, etc. The final report of the BPC was then sent to a drafting committee
of constitutional experts to make the draft of the Constitution ready for discussion in the
Constituent Assembly to be held on 27 October 1954. But on 24 October 1954, and just before
the completion of its work, the Constituent Assembly was dissolved by the Governor General on
the ground that 'the constitutional machinery has broken down' and the Constituent Assembly
'has lost the confidence of the people'. Thus with the dissolution of the First Constituent
Assembly, the Basic Principle Committee was automatically abolished. However, the
deliberations of the BPC were of considerable value to the next Constituent Assembly which
enacted the Constitution of Pakistan of 1956.

Q.4 Elaborate the causes of dissolution of First Constituent Assembly. To what extent the
justification put forth for the dissolution was valid?

ANS

Dissolution of the 1st Constituent Assembly (1954)

Pro-US Governor-General, Ghulam Muhammad, and Prime Minister, Muhammad Ali Bogra,
were moving well and in a cooperative way. Both had a mission to bring Pakistan into the
Western camp. However, they were afraid of the ever-increasing popularity of the anti-US and
anti-establishment forces in the country, especially in East Bengal. The victory of the United
Front in the 1954 provincial assembly elections appeared as a threat to their intentions. The
members of the Constituent Assembly of Pakistan had openly started criticizing the attempts to
bring Pakistan closer to the United States. In a statement issued on September 22, Fazlur
Rahman, the formal federal minister, alleged that the proposed Pak-US cooperation would

‘seriously jeopardize the political and economic interests of Pakistan and it would ultimately
result in the colonization of the country by America. On his initiative, the assembly decided to
send a trade delegation to the Soviet Union with an idea to bring the two countries closer.

Furthermore, the Constituent Assembly was not happy with the ever-increasing role of the
Governor-General and day-to-day affairs of the government. They also disliked the power of the
Governor-General to dissolve the government. When Ghulam Muhammad was on an official
tour of NWFP, the CAP amended the constitution and snatched away his discretionary power
under which he had dismissed Nazimuddin’s government. Ghulam Muhammad cut short his tour
and immediately returned to Karachi. On his return, he, first of all, tried to win over important
politicians including Ayub Khuhro, Mumtaz Daultana, Fazlul Haq, and Dr. Khan Sahib, etc.,
and then took Ayub Khan into confidence. Once he was sure that he had the backing of the
people who matter on October 24 he dissolved the CAP on the ground that it had lost the
confidence of the people of Pakistan. He imposed press censorship and promised fresh elections.
Bogra, the Prime Minister of the dissolved assembly endorsed the move and declared CAP was
responsible for imperiling national unity by provoking personal, sectional, and provincial
rivalries and suspicion. He was made the Prime Minister of the Cabinet which used the back
door to gain power.

Maulvi Tamizuddin Case

Maulvi Tamizuddin Khan, the president of the dissolved CAP did not submit to the idea and
along with other members tried to hold the already scheduled session of the assembly on
October 28. When they were not allowed to enter the assembly hall, on November 7 he filled a
writ in the Sindh Chief Court against the action of the Governor-General. On February 9, 1955,
a full bench of the Sindh Chief Court gave a verdict in favor of Maulvi Tamizuddin and ordered
that the Governor-General had no power to dissolve the CAP. After the ruling, Maulvi
Tamizuddin called the meeting of the CAP on March 7. Bogra, after consulting Ghulam
Muhammad, who was in Paris at that time for his medical treatment, decided to challenge the
decision in the Federal Court. Chief Justice of the Federal Court, Justice Muhammad Munir,
assured the government that the judgment of the Sindh Court would be reverted. The Federal
Court, working according to the doctrine of necessity, did not go into the question, whether the
CAP was legally dissolved or not. Rather, they rejected the writ on the technical ground that
Section 233A under which the writ had been issued in favor of Maulvi Tamizuddin was not yet
law since it had not received the assent of the Governor-General. One member of the
fivemember bench, Justice A.R. Cornelius held that the assent of the Governor-General was not
required for constitutional

Act and believed that the decision of the Sindh Chief Court should be upheld. The history of
Pakistan would have been different, had the voice of Justice Cornelius be heard by the other four
judges of the bench.

Q.5 Critically analyze the role of Muhammad Ali Bogra as prime minister with special focus
on his efforts for the resolution of Kashmir dispute.

ANS

Sahibzada Syed Mohammad Ali Chowdhury more commonly known as Mohammad Ali
Bogra (19 October 1909 – 23 January 1963), or as Mohammad Ali of Bogra,[9] was a Pakistani
Bengali politician, statesman, and a career diplomat who served as third prime minister of
Pakistan, appointed in this capacity in 1953 until he stepped down in 1955 in favour of Finance
Minister Muhammad Ali.

After his education at the Presidency College at the University of Calcutta, he started his
political career on Muslim League's platform and joined the Bengal's provincial cabinet of
thenPrime Minister H. S. Suhrawardy in the 1940s. After the independence of Pakistan in 1947,
he joined the foreign ministry as a diplomat and briefly tenured as Pakistan's ambassador to
Burma (1948), High Commissioner to Canada (1949–1952), twice as ambassador to the United
States, and as ambassador to Japan (1959–1962).

After he was recalled in 1953 from his services to Pakistan from the United States, he
replaced Sir Khwaja Nazimuddin as Prime Minister in an appointment approved by
thenGovernor-General Sir Malik Ghulam. His foreign policy strongly pursued the
strengthening of bilateral relations between Pakistan and the United States, while
downplaying relations with the Soviet Union. He also pushed for a stronger military to
achieve peace with India and took personal initiatives to prioritize relations with China. At
home front, he successfully proposed the popular political formula that laid the foundation of
the constitution in 1956 which made Pakistan a federal parliamentary republic. Despite his
popular initiatives, he lost his support to then-acting Governor-General Iskander Mirza who
re-appointed him as Pakistani Ambassador to the United States which he served until 1959.

In 1962, he joined President Ayub Khan's administration as the Foreign Minister of

Pakistan until his death in 1963.

Khawaja Nazimuddin was dismissed by the Governor General, Malik Ghulam Muhammad, on
April 17, 1953, and replaced by Muhammad Ali Bogra. Bogra was then the Pakistani
Ambassador to the United States. After coming to power, he set a new precedent of inviting the
Commander-in-Chief of the Pakistan Army to become the Defense Minister.

Governor General Ghulam Muhammad had dissolved the Constituent Assembly although the
Assembly had accomplished the task of framing the Constitution and all obstacles in the way of
its promulgation were removed. After coming to power, Prime Minister Muhammad Ali Bogra
declared that the making of the Constitution was one of his primary targets. He worked hard
towards accomplishing this task and within six months of assuming power, he came out with a
constitutional formula. His constitutional proposal is know as the Bogra Formula and was
presented before the Constituent Assembly of Pakistan on October 7, 1953.

Unlike the two reports of the Basic Principle Committee, the Bogra Formula was appreciated by
different sections of the society. There was great enthusiasm amongst the masses as they
considered it 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. On November 14, 1953, a committee was set up to draft the constitution according to
the approval of the Constituent Assembly. However, before the constitution could be finalized,
Ghulam Muhammad dissolved the Assembly. The Prime Minster, Muhammad Ali Bogra, was
allowed to continue in office with a new cabinet. This move was apparently to counter a bill
curtailing the power of the Governor General. Muhammad Ali Bogra was sworn in again as the
Prime Minster on October 26, 1954. The new government promised fresh elections.

Muhammad Ali Bogra as Prime Minister of Pakistan worked hard for the settlement of the
Kashmir issue. He urged Nehru to settle the Kashmir dispute in order to promote friendly
relations between the two countries. Due to his strenuous efforts, the Prime Ministers of both the
countries met numerous times in London and Karachi. Letters and telegrams were also
exchanged between the leaders of the two countries. As a result of his efforts, Pandit Nehru
agreed to hold a free and fair plebiscite in Kashmir. However, in May 1954, the news of
American military aid to Pakistan gave Pandit Nehru an excuse to go back on his commitments
to hold referendum in Kashmir. Thus Bogra was unable to solve the Kashmir problem. It was
during the tenure of Muhammad Ali Bogra that Pakistan joined C. E. N. T. O. and S. E. A. T. O.
In August 1955, the Governor General was forced to resign due to ill health and Major General
Iskander Mirza was made the acting Governor General. The acting Governor General also
dismissed Muhammad Ali Bogra on August 8, 1955.

Prime Minister of Pakistan (1953–1955)

Talent ministry and foreign policy

The issue of language movement in East in 1952, the rise of the Socialist Party in Pakistan as
well as the violent riots in Lahore against the minority Ahmadiyya in 1953 were the defining
factors that led to the dismissal of Prime Minister Khawaja Nazimuddin by
thenGovernorGeneral Ghulam Muhammad on 17 April 1953.[28]

Bogra was recalled to Karachi (then-Federal capital) from Washington DC for further
consultation but Governor-General Ghulam Muhammad moved to appointed him as a new
Prime Minister and the President of the Pakistan Muslim League (PML), which the party had
accepted.[29] Under pressure and reluctant, he accepted the new appointment from the
GovernorGeneral Ghulam Muhammad but he was more of a diplomat than politician who was
unknown to the general public.[12][30][31] Initially, he kept the federal ministries of foreign affairs
and defence until appointing a new cabinet.[28] Upon taking over the government, Bogra
dismissed the elected government of Fazlul Huq on 30 May 1954 and leveled charges against
him on "treasonry".[32][33] He had appointed then-Defence Secretary Iskander Mirza as the
Governor, but this appointment only lasted a couple of months.[32]

Prime Minister Bogra appointed a new cabinet which was known as "Ministry of
Talents"[34][35] which included General Ayub Khan, the Army Cdr-in-C, as the Defence
Minister and Major-General (retired) Iskander Ali Mirza as Interior Minister.[34]

His appointment met with great admiration in the United States with U.S. Secretary of State,
John Foster Dulles, describing Pakistan as "bulwark of Freedom in Asia" and the Republican
Party leader in the United States Senate, William F. Knowland, endorsing the appointment in the
United States Congress.[36] During the same time, U.S. President Dwight Eisenhower ordered the
immediate shipment of thousand tons of wheat to Pakistan.[37] Bogra was eager to strengthen
military ties with the United States, however, the Americans moved cautiously to not damage
their strong relations with India, instead pressuring and further dictating[38]: 50–59  Prime Minister
Bogra into holding direct talks to India on a series of bilateral issues.[39] His tenure saw him
signing multiple treaties with the United States and brought the two countries closer.[30]: 226 

His foreign policy was noted for strong "anti-Soviet agitation" which he viewed the Russians as
"imperialist" but did not label the same for China despite both being ideologically closed.[40]: 71 
In 1955, Prime Minister Bogra led Pakistan to attend the Bandung Conference in Indonesia in
1955, which saw the first high-level contact between China and Pakistan.[41]

To authors of foreign policy of Pakistan, Bogra's over-reliance on the United States and his
personal anti-communist views destroyed the bilateral relations with the Soviet Union in the
1950s, and put Pakistan's foreign policy under the dictation of the United States despite the
popular public opinion.[38]: 44 

Under pressure by the United States, Bogra eventually took initiatives to strengthen ties with
India by first addressing the Kashmir issue with India.[38]: 44  In 1953, Prime Minister Bogra met
with Prime Minister Jawaharlal Nehru on the sidelines of the Coronation of Queen Elizabeth II
in London.[42] Mohammad Ali Bogra well received Prime Minister Nehru when he paid an
official visit to Karachi, and Prime Minister Bogra reciprocated the visit in New Delhi soon
after.[42] Prime Minister Bogra enjoyed warm and closer relations with Prime Minister Nehru, as
both eventually agreed on the plebiscite in Indian held Kashmir (IoK), but this was not achieved
due to Prime Minister Bogra losing support from the leftwing sphere of the country.[42]

In his approach towards India, Prime Minister Bogra pushed for a stronger military to achieve
peace in the subcontinent, and argued: "[w]hen there is more equality of military strength, then I
am sure that there will be a greater chance of settlement".[43]

Bogra Formula
The Bogra Formula was a political compromise presented and proposed by Prime Minister
Bogra on 7 October 1953 before the Constituent Assembly.[44] Upon taking the control of the
Prime Minister's Secretariat, Bogra announced that drafting of the codified Constitution was his
primary target, and within six months, he announced a proposal that leads to the drafting of the
constitution writ.[44]

The framework proposed the establishment of more effective bicameral parliament that would be
composed of National Assembly and the Senate with equal representation from then-five
provinces: Punjab, Khyber–Pakhtunkhwa, Balochistan, Sindh, and Bengal.[44] A total of 300
seats were to be reserved for the National Assembly on the basis of proportionate representation
and 50 for the Senate that would be equal representation for all the five provinces of the country.
[44]

Under this framework, the larger number of constituencies were given to Bengal which had 165
reserved seats in contrast to Punjab which had 75, Khyber–Pakhtunkhwa, which had 24, Sindh
which had 19, and Balochistan which had 17 reserved seats.[44] Tribal areas, Karachi
metropolitan area, Bahawalpur, Khairpur, Baluchistan States Union, were combined as 24
reserved seats.[44]

In this framework, Bengal had given more seats due to its social homogeneity in the National
Assembly than the combined reserved seats for the four provinces and the federal capital which,
all were socially heterogeneous and ethically diverse.[44] But combined the reserved seats in the
four provinces were in balance with Bengal in the bicameral parliament.[44] Both the houses were
given equal power, and in case of a conflict between the two houses, the issue was to be
presented before a joint session.[44]
The Bogra framework also addresses the check and balance to avoid the permanent domination
by any five provinces where a provision was made that if the President was elected from the four
provinces then the Prime Minister was to be elected from East Bengal, and vice versa.[44] The
President was to be elected for a term of 5 years from the indirect elections by
the Electoral College formed by both houses: National Assembly and the Senate.[44]
The Supreme Court of Pakistan was to be given more power and institutional judicial
independence that would permanently replace the Islamic clergy to decide if a law was in
accordance with the basic teachings of the Koran or not.

The Bogra formulae was highly popular and widely welcomed by the people as opposed to the
Basic Principles Committee led by Prime Minister Nazimuddin as it was seen as great
enthusiasm amongst the masses as they considered it as a plan that could bridge the gulf between
the two wings of Pakistan and would act as a source of unity for the country

In 1955, the One Unit Scheme integrated the four provinces of the western wing of Pakistan into
a single province, West Pakistan.

The compromise did not settled to its ground when Governor-General Ghulam Muhammad,
threatened by curbing of his powers, dissolved the Constituent Assembly in 1954 with the
support of Pakistan military and civil bureaucracy.