Reasons for Delay in the
Constitution Making of Pakistan
This entry is about the reasons which were responsible for the long delay in the
constitution-making of Pakistan.
Background
British partitioned India into two independent states of Pakistan and India on 14-15th
August 1947 in light of the Indian Independence Act 1947. The act provided the new states
would adopt the Government of India Act, 1935 as an interim constitution until they
framed their own.
India managed to frame and promulgate its own constitution in 1950, within three years of
the independence. On the contrary, it took nine long years for Pakistan to adopt and
enforce its constitution.
The main factors responsible for this long delay in the constitution-
making of Pakistan were as follows.
Immediate problems.
With its establishment, Pakistan had to face more pressing issues that required immediate
redressal. The immediate problems included an influx of refugees, canal water dispute,
Kashmir war, India’s denial in giving Pakistan’s share of financial and military assets, etc .
1. Refugee problem.
With Partition, millions of Muslim refugees flooded into Pakistan to escape the ruthless
persecution and massacre in different parts of India. Their accommodation, shelter,
clothing, food, medication had to be ensured before long-term measures were taken for
their permanent settlement.
2. Canal water dispute.
On April 1, 1948, India blocked river water coming from Kashmir through Indian territory.
This act of India put the very survival of Pakistan in Jeopardy as it would damage the
agriculture of Pakistan.
3. India’s denial to give Pakistan’s share of financial and military
assets.
When Pakistan came into being, it had a crippled economy and vulnerable security. To make
things even worse, India did not give an agreed share of Pakistan’s military and financial
assets. These and similar other immediate problems left little time and energy to work on
framing a new constitution for Pakistan.
Issues other than Immediate problems
Death of Quaid e Azam.
The death of Quaid –i-Azam was one of the reasons for the delay in the constitution-making.
Quaid had given an outline for the country’s future constitution while addressing the first
constituent assembly of Pakistan on August 11, 1947. But he died on September 11, 1948,
before he could give a constitution to his people.
Had he lived longer, he would have resolved the constitutional dilemma by using his
leadership and non-controversial status.
Disagreement over Parity of Representation
The first move towards the constitution-making of Pakistan was the passage of the
Objectives Resolution by the Constituent Assembly on 12 March 1949. After it passed the
resolution, the assembly delegated the task of drawing basic principles to a committee
called the Basic Principles Committee, in light of the set objectives for future constitution-
making.
The Basic Principles Committee presented its first Report on September 28, 1950, which
recommended parity of representation in the central Assembly. The proposal of this
principle of parity at the center created controversy as the assembly members from East
Pakistan opposed it. They were of the view that their representation should be more as
they were a majority (56% of the total population) in the new state.
In contrast to what East Pakistan representatives felt, the West Pakistani politicians did not
want a dominant East Pakistan in the central Assembly. Consequently, no agreement was
reached and the constitution-making process was delayed.
Language issue
Another proposal the Basic Principles Committee had incorporated in its report was to
declare Urdu the national language of Pakistan. Urdu as the national language was also
opposed by East Pakistani members of the assembly. They demanded to make Bengali the
national language since it was the language of the majority of people. Thus, language
controversy along with the issue of representation at the center caused a type of deadlock
in constitution-making in the country.
Political Rivalry and Corruption
After the sad demise of the Quaid, Muslim League fell victim to intrigue and disunity.
Intense internal strife and selfishness brought about disintegration in the party. Party fell
into the hands of opportunists who resorted to undemocratic ways and means, indulging in
political mischief and intrigue. Consequently, little attention was paid to constitution-
making.
Increasing Influence of West Pakistan dominated Bureaucracy and
military
With the death of Prime Minister Liaquat Ali Khan, bureaucrats made inroads to the power
corridors. A bureaucrat, Ghulam Muhammad was made the Governor-General who did not
hesitate to dismiss elected prime ministers, the constituent assembly thus also paving the
path for retired and in-service military personnel in the politics. He made Sikandar Mirza, a
retired General as Governor-General, appointed Ayub Khan, the Commandant in Chief of
the Armed forces as defense minister.
West Pakistani politicians, bureaucrats, and generals did not want to give East Pakistan their
due political and democratic rights. Hence, any proposals made concerning the constitution
seemed to go against the wishes and expectations of East Pakistan creating a tussle in the
constituent assembly.
