There were three groups which were playing their role: Radical

Role,Traditional role,Moderate role.

Flood of Refugees was also the reason of constitutional delay.

Initial Constitutional Framework (1947–1956)

The Government of India Act, 1935

After Pakistan's independence on August 14, 1947, the Government of India

Act of 1935, with some modifications, was adopted as the interim constitution
of Pakistan. It provided a framework for governance but was not ideal for a
sovereign country, as it was a colonial-era document. There was a strong need
for a new constitution that would reflect Pakistan’s status as an independent
nation.

Reasons for Delay

 Lack of Immediate Legislative Assembly: Pakistan lacked an adequate

constitutional assembly right at independence. The existing assembly had
members both from West and East Pakistan (present-day Bangladesh),
creating complexities in terms of representation.
 Death of Key Leaders: The early deaths of pivotal leaders like
Muhammad Ali Jinnah (1948) and Liaquat Ali Khan (1951) removed
crucial figures who could have led the constitutional drafting process.
 Diverse Ethnic and Linguistic Composition: Pakistan was a newly
formed state with significant linguistic, ethnic, and cultural diversity,
especially between the western and eastern wings. Balancing the interests
of Punjabis, Sindhis, Bengalis, Pashtuns, and other groups became a
political challenge.

2. Political Instability and Leadership Crisis (1951–1956)

Leadership Struggles

 After Liaquat Ali Khan's assassination in 1951, political instability

plagued Pakistan. The Prime Ministers that followed were either too
weak or failed to gain control over the political machinery, resulting in
the frequent dismissal of cabinets.
 The lack of political stability delayed the constitution-making process, as
successive governments did not prioritize constitutional development.
Provincial Representation Issues

 Bogra Formula was there too 50 seats in upper house which is to be based
upon similar representation and lower house with population with total
300 out of wwhich east Bengal Pakistan would get 163 seats.
 Constitution assembly which was formed in 26 july 1947 and first session
on 10 august 1947 was given the task as a centra legislature and the
important task of framing the constitution of the new state but the muslim
league which stood for the rights of the province now wanted a strong
center.
 Governer was appointed to province and he was the titular king of the
provincehe had executive powersand he enjoyed some emergency powers
like governer genral too.
 The system of govt although being federal in nature but in relity all it was
a strong center unitary system with executive aided by military and
bureaucracy.
 East-West Pakistan Rivalry: The most significant challenge during this
period was the division between East and West Pakistan. East Pakistan
had a larger population, and they demanded equal representation in the
national legislature. West Pakistan, with its numerous provinces, feared
that East Pakistan’s dominance in parliament would marginalize their
interests.
 The Principle of Parity: Debates on whether representation should be
based on population (which would favor East Pakistan) or parity (equal
representation for both wings) caused deadlock. This issue took years to
resolve, with each side unwilling to compromise easily.
 Dhaka not capital was a concern too
 More population of east Pakistan was a threat too
 Moulvi mushtaq preferred over salahud den as chief justice was a
threat too
 No east Pakistan person was able to become secretary of state of east
Pakistan for many years
 The division of power was a threat too since the center had 67 clauses
of power given to center and no provincial autonomy was given
 Muslim league became weak too and rest of different parties rose up
too.
 General Ghulam Muhammad removed a lot of companions of quaid
e azam led to political crisis unprecedented in history.
 Language movement in 1952 was a nail to the coffin too.

First Constitution of 1956

  After years of negotiations, Pakistan’s first constitution was finally
promulgated on March 23, 1956. It established Pakistan as an Islamic
republic with a parliamentary system.
 Bicameral Legislature: A compromise was reached by creating a
bicameral legislature with equal representation for East and West
Pakistan in the upper house (Senate) and representation based on
population in the lower house (National Assembly).

3. The Martial Law and Constitution Suspension (1958–1962)

Military Coup of 1958

 The promulgation of the 1956 Constitution did not resolve Pakistan's

political instability. In 1958, General Ayub Khan overthrew the civilian
government in a military coup, dissolved the 1956 Constitution, and
declared martial law.
 Reasons for the Coup: Chronic political instability, weak leadership, and
an inability of civilian governments to maintain law and order were the
primary reasons Ayub Khan justified the coup.

Constitution of 1962

 Ayub Khan aimed to consolidate power and provide a more stable

governing framework. The Constitution of 1962 was introduced on
March 1, 1962, under a presidential system.
 This constitution created a strong executive president with significant
powers and a limited role for the legislature. It also replaced the
parliamentary system with a “Basic Democracies” system, where the
president was indirectly elected by local government bodies.

Opposition to the 1962 Constitution

 The new system faced considerable opposition, particularly from East

Pakistan, as it concentrated power in the hands of the president and
removed any chance for East Pakistan to have significant influence. The
imposition of a presidential system and the indirect election process were
seen as a means to perpetuate West Pakistani dominance.

4. The Language Issue and Ethnic Tensions (1948–1970)

Language Controversy
  One of the most significant reasons for the delay in constitution-making
was the linguistic conflict between East and West Pakistan. In 1952, the
Bengali Language Movement in East Pakistan emerged as a result of the
decision to make Urdu the sole national language.
 Since Bengali was spoken by the majority of Pakistan's population
(largely concentrated in East Pakistan), this decision was viewed as a
form of cultural imperialism by West Pakistan.

Ethnic Disparities

 The constitution-making process was further delayed due to the tensions

between various ethnic groups in both East and West Pakistan. There was
a lack of national cohesion, and different regions viewed the federal
government with suspicion, fearing domination by the Punjabis.

5. The 1970 Elections and the Crisis of National Unity

Elections of 1970

 The first general elections under the Legal Framework Order (LFO) of
General Yahya Khan were held in 1970, with the intent of drafting a new
constitution. The elections resulted in a massive victory for the Awami
League in East Pakistan, led by Sheikh Mujibur Rahman, which won
almost all the seats in East Pakistan.
 In West Pakistan, Zulfikar Ali Bhutto’s Pakistan Peoples Party (PPP)
secured the majority. However, the two sides could not come to an
agreement on the constitution.
 Six-Point Movement: The Awami League’s demands for regional
autonomy as part of its Six-Point Movement were rejected by the
leadership in West Pakistan. This led to a political deadlock.

Civil War and Breakup of Pakistan

 The inability to reach a compromise between the Awami League and the
Pakistani government led to the Bangladesh Liberation War in 1971,
where East Pakistan seceded to become the independent country of
Bangladesh.

6. The 1973 Constitution

Political Reconciliation
  After the 1971 war and the separation of East Pakistan, there was a
renewed push for a stable and inclusive constitution.
 The Constitution of 1973, which was promulgated on August 14, 1973,
was the result of negotiations between the major political parties in West
Pakistan. It re-established Pakistan as a parliamentary democracy, with
Islam as the state religion.

Key Features

 A parliamentary system with a bicameral legislature.

 An executive accountable to the legislature, similar to the British
Westminster system.
 A stronger emphasis on provincial autonomy, though tensions over
federalism persisted.
 The constitution resolved many of the ideological and ethnic tensions that
had plagued earlier efforts at constitution-making by emphasizing
democracy and provincial representation.

Summary of Reasons for Delay

1. Political Instability and Leadership Vacuums: The frequent changes in

leadership, including the early deaths of key figures, led to unstable
governance.
2. Ethnic and Linguistic Tensions: The differences between East and West
Pakistan, especially over language, representation, and autonomy, were
central to the delay.
3. Civil-Military Tensions: The military's role in politics, especially under
Ayub Khan, disrupted the civilian constitution-making process.
4. Ideological Debates: The debates about whether Pakistan should be an
Islamic state or a secular one, and how much power should be
concentrated at the federal versus provincial levels, caused delays.

Imapacts of delay in constitutions

 Political crisis
 Nationalism
 Provincialism
 Army indulgence
 Economy disstability
 Elections delayed
 Parity between east and west Pakistan which led to separation of
Bengal.
  Legal and Social Uncertainty
 Impact: Delays in constitution-making created legal and social
uncertainty, affecting citizens' rights and the rule of law. Without a
constitution, there was ambiguity regarding the protection of
fundamental rights and the legality of government actions.
 Case Study:
 1958: The abrogation of the 1956 Constitution by President Iskander
Mirza and the subsequent imposition of martial law by General Ayub
Khan further exemplified how delays and inconsistencies in
constitution-making can lead to legal and social disruptions..

impact on Federal Structure

Impact: The delay in constitution-making affected the development of a stable

federal structure. Issues related to provincial autonomy and resource distribution
were not clearly addressed, leading to regional disparities and conflicts.

Case Study:

 1971: The failure to adequately address federal and provincial issues

in earlier constitutions contributed to tensions and eventual secession
of East Pakistan. The 1973 Constitution, which aimed to address some
of these issues, was a result of lessons learned from earlier delays.
 Reference: Dawn. “The Federal Structure and its Challenges.”
Dawn, published on December 8, 2017
