assignment on causes of delay of constitution

2. Submitted To: Ma’am Misbah Rani
Submitted By: 17471507-90
17471507-105
17471507-106
17471507-107
17471507-119
17471507-120
Class: BS Chemistry (2)
Subject: PKS-101
Topic: Constitutions of Pakistan
Submission Date: 10th
April, 2018

3. Constitution:
Constitution is a basic document which sets out the framework for governance and exercise
of power. It is a set of fundamental principles or established precedents according to which a
state is governed.
Causes ofDelayof Constitution:
Pakistan came into being on 14th August 1947. At the time of creation of Pakistan, there
was no any constitution in Pakistan. So, Quaid-e-Azam reinforced All India Act 1935 with
certain amendments in the country for the smooth functioning of the state.
First Constituent Assembly:
In order to establish a society based on the Islamic principles, a constituent assembly was
formed in 1947 with Quaid-e-Azam as its leader. The responsibility of making a constitution of
Pakistan was given to constituent assembly. But after the death of Quaid-e-Azam on 11th
September 1948, the responsibility of framing the constitution fell onto the shoulders of the 1st
Prime Minister, Liaqat Ali Khan.
The whole process of constitution making started with the passing of the Objective
Resolution which was passed in March 1949.
Objective Resolution:
The first prime Minister of Pakistan, Liaqat Ali Khan presented the Objective Resolution in
the 1st Constituent Assembly, which was passed on 12th March, 1949.
Salient Features ofthe Objective Resolution:
1. Sovereignty of Allah:
Sovereignty belongs to Allah Almighty alone, but He has delegated it to the state of
Pakistan and through its people to be exercised as sacred trust within the limits imposed
by Him.
2. Islamic Democracy:
State should exercise its power through the elected representatives of the people and
Islamic democracy will be exercised in the country.
3. Islamic Principles:
The principles of democracy, freedom, equality, tolerance and social justice should
be followed.
4. Islamic Ways of living:
Muslims shall live their lives according the teaching of Quran and Sunnah.
5. Protection to Minorities:
Adequate provisions shall be made for the minorities to profess and practice their
religions and develop their cultures and traditions.

4. 6. Federal form of Government:
Pakistan shall be a federation in which provinces will enjoy autonomy within the
constitutional limits.
7. Free Judiciary:
Judiciary shall be independent and will work without any political pressure.
8. Fundamental Rights:
Fundamental rights of freedom equality, property, expression of thought, belief,
worship and association shall be guaranteed to all the citizens of Pakistan.
9. National Language:
Urdu will be the national language of the country.
10. Protection of Boundaries of Pakistan:
Boundaries of land, air and water will be protected. It will be the responsibility of
the Government take suitable steps for this purpose.
11. Source of Law:
Source of law in Pakistan is the Holy Quran and Sunnah.
12. Development of Backward Areas:
Distant and backward areas should be developed equally to other developed areas of
the country.
13. Answerable Government:
Pakistan would be free and independent state. Government of Pakistan would be
bound to make decisions according to the public opinion answerable to the people.
14. Democratic System of Government:
Democratic system of Government would be established in Pakistan according to
Islamic concepts.
15. National Development:
People of Pakistan would be completely independent. Government should provide
equal opportunities to the people for economic and social development of people.
Importance of Objective Resolution:
i. The Objective Resolution is one of the greatest steps after independence. The purpose
of establishment of Pakistan has been achieved by the Muslims of South Asia through
this resolution.
ii. The Objective Resolution has attained the status of Magna Carta in the constitutional
history of Pakistan. It was included as permeable in all the three constitutions and its
Islamic principles were incorporated in all the constitutions of Pakistan.
iii. The approval of Objective Resolution led the representatives of Muslims to adopt the
golden principles of democracy instead of theocracy.
iv. In 1985, President Zia-ul-Haq made it permanent part of constitution by an amendment
in Objective Resolution.

5. v. Objective resolution rejected the different concepts of secularism in the country which
were present at that time and clarified that Pakistan will be as Islamic State.
vi. In objective Resolution it was declared that minorities should be protected.
Conclusion:
Objective Resolution was the first step towards Islamization in Pakistan. No-doubt
Objective Resolution has a great importance in the constitutional history of Pakistan
because all the questions related to the rights of the minorities, basic rights of the people
and nature of constitution were described in it.
First BPC Report 1950:
After the approval of Objective Resolution, the Constituent Assembly formed many
committees including Basic Principles Committee headed by Liaqat Ali Khan. On 28th
September 1950 the BPC presented its interim report to the Constituent Assembly. The
salient features of this report were:
 Objective Resolution should be made part of the constitution and should serve as the
directive principle of state policy.
 The state of Pakistan was to be a federation.
 The Central Legislature (law making body of a country) was to be bicameral (two
chambers). It would consist of a House of Unit (Upper House) with 100 members and a
House of People (Lower House) with 400 members.
 The Upper House was to be the representative institution of the provinces, elected by
provincial legislature. While the Lower House was to be elected by the people on the basis
of adult franchise.
 The tenure of both the Houses was to be five years and both were to enjoy equal power.
 The decisions regarding budget or monetary bills were to be decided in joint sessions of
the two houses.
 The Head of state was to be elected by a joint session of the two houses for a term of five
years and would work on the advice of the Prime Minister.
 Federal legislature had the authority to remove the head of state.
 Each province was to have its own legislature; elected on the basis of adult franchise for a
term of five years.
 Head of the provincial legislature was to be elected by the head of state for a term of five
years and he was to work on the advice of Chief Minister.
 Legislative power was to be divided in three lists: 1) The Federal list comprising of 67
subjects on which the central legislature would legislate. 2) The Provincial list comprising
of 35 items, the provincial legislature would legislate on these subjects. And 3) The
Concurrent list of 37 items on which both the central and provincial legislatures had the
authority to legislate. The residuary powers were vested in the center.
 In case of a dispute, the Supreme Court had the authority to interpret the constitution.
 The procedure to amend the constitution was very rigid; it required a majority approval
from the central and provincial legislatures.

6.  Head of the state was given added powers like the authority to abrogate the constitution
and issue ordinances.
 Urdu was to be the state language.
 The Supreme Court was the head of judiciary. It would consist of the Chief Justice and 2
to 6 judges. And High Courts for each province were to be established.
 A Board of Ulama would be appointed by the head of state and provincial governors to
examine the process of law making and to ensure that laws were in accordance with the
Quran and Sunnah.
Criticism:
When this report was presented in Constitution assembly there was criticism in the house and
outside the house. One basic issue was that both the hoses were to enjoy equal powers but in
general upper house must take hold of less powers than lower houses as lower house is selected
by the people. Secondly, there wasn’t any focus on making Pakistan an Islamic country. Thirdly,
the rights of minorities and lower class were not made clear. Lastly, national language was not
made clear.
SecondBPC report 1952
The 2nd report or the revised report generally followed the same principles but it tried to
accommodate the criticism made on the 1st report and I will give you just one or two examples
to illustrate my point that what kind of changes it made in the 1st report.
 Objective Resolution was included in the Constitution as a preamble.
 More powers were to be given to the lower house the house which represents the people
that was given more responsibility.
 Muslims may be provided opportunities to lead their lives in accordance with the
teachings of Quran and Sunnah.
 Drinking, gambling and Riba may be declared unlawful.
 The existing laws may be brought into conformity with Islamic principles.
 The economic policy of the country may be formulated in such a way that the wealth
should not accumulate in few hands.
 The equitable rights of labourers and farmers may be ensured.
 No law be legislated which is opposed to Quran and Sunnah and Supreme Court alone
may have jurisdiction to judge a particular law whether it is opposed to Quran and
Sunnah or not.
 An organization for Amir-bil-maaruf and Nahi-ainul-munkir will be set up for the
betterment of the Islamic society.
 President of Pakistan will be Muslim. No any other person can become the president of
the country.
 Urdu will be the National language of Pakistan.

7. Criticism:
In second report again, some issues aroused. People of Punjab were not satisfied with equal
representation in upper and lower house. They thought that in this way the East Pakistan would
easily dominate West Pakistan which was divided in nine units. Also, religious parties and ulama
were not satisfied. Especially, because of their demand of declaring Ahmadis as non-Muslims.
And removal of different ministers from their positions as they were also from Ahmadis’.
Later on, Ch. Muhammad Ali started the constitutional process in Pakistan, when he became the
PM of Pakistan.