Roll No.

BT615411

B‫۔‬Ed 2.5 years

ANSWER NO.1

The undisputed leader of the Indian Muslims and in turn of the Pakistani people,

Mohammad Ali Jinnah had done the impossible and had given the Indian Muslims a

land to call home. He took it upon himself to stabilize this new state, dealing with

every problem facing every challenge. However, when it came to framing the

constitution of Pakistan, he did not desire to go it alone but rather wanted the

principles of democracy to be upheld and to flourish in Pakistan. He realized the

importance and need for a viable and pertinent constitution that would have dealt with all the issues
and everyone knew that he could frame the constitution of the state that

would be willingly accepted by all but he did not want to set a precedent in which one

who seemed to think that he had all the answers would forcibly impose his will and

sideline the democratically elected representatives of the people – even if that one

man did have all the answers.

Thus the Constituent Assembly, created on July 26th, 1947, set to task of framing the

new constitution and serving as the sovereign, unicameral federal legislative body,

after its inaugural session on August 10th, 1947. Till the time that a new constitution

was in place, the Government of India Act, 1935 was in place after certain

adaptations, according to the provisions of the Indian Independence Act of 1947. The

Constituent Assembly created several committees and sub-committees to shape the

future constitution. The Basic Principles Committee was one of the most important

which was appointed on March 12th, 1949 to report in accordance with the Objectives

Resolution, which had been passed the same day by the Constituent Assembly. The

resolution on the ‘Aims and Objects of the Constitution’ or the Objectives Resolution,

as it is more popularly known, was the foundation of all future lawmaking in Pakistan
and it would seem that after such a comprehensive system of guidelines that not only

made clear the position of Islam in the state and the government working, but also

pointed out the liberties and rights extended towards the minorities for their uplift and

development, formulating the constitution of Pakistan would be a relatively simple

matter, but in reality there was a visible divide between the Muslim majority and Non-

Muslim minority as the latter had suggested certain amendments that were plainly

rejected by the former, causing suspicion and acrimony to mar the delicate

relationship between the communities and complicating the already tedious task of

formulating the constitution.

Nine years after independence and numerous governments, protests, threats and 670

proposed amendments later, a constitution was adopted on February 29th, 1956.

Divided into 13 parts and 6 schedules, the 234 Articles of the written Constitution of

1956 sought to incorporate the principles of Islam, by naming the country the Islamic

Republic of Pakistan and mentioning the sovereignty of God in the preamble, and

described a complicated federation, signifying an elaborate relationship between the

centre and the provinces and giving a special place to the fundamental rights of the

citizens or more commonly known as a ‘bill of rights’. Parliamentary form of

government was decided with a unicameral legislature, 300 seats of the National

Assembly divided equally between both wings of the state and the members were

elected on the basis of adult franchise. Judiciary was to remain independent. Urdu

and Bengali were both accepted as state languages.2

Despite the fact that it was adopted after nine years of hard labour, the Constitution

was not without its faults. These faults were sidelined at the time of its adoption but

they soon resurfaced due to the politically unstable environment. Though the

Constitution provided a parliamentary form of government, in reality President Mirza

was a politically stronger man than Prime Minister Chaudhri Mohammad Ali and the

declining powers of the Muslim League in the coalition government in the centre only

made matters worse till finally the Prime Minister resigned on September 8th, 1956
and was replaced Suharwardy from East Pakistan. However, stability in the state was

a long way off and Prime Ministers entered and exited through what seemed like a

political revolving door with a total of four Prime Ministers coming to office between 1956 and 1958 till
the eventual proclamation of the Pakistan’s first martial law on

October 8th, 1958 by Iskander Mirza, and the death of the Constitution of 1956.

After ousting Mirza, Ayub Khan became the president of Pakistan through his system

of Basic Democracies and set to work reshaping Pakistan’s political structure. He

formed a committee under Justice Shahabuddin on February 17th, 1960, to evaluate

the reasons why parliamentary form of government had failed in Pakistan (without first

determining if indeed it had failed). The committee submitted its findings on May 6th,

1961 and it was examined by Ayub and his Cabinet but the constitution made (March

01, 1962) was quite different3 as Ayub rejected numerous recommendations of the

report. As is under a presidential form of government, the “President” became an all

powerful figure in the appointments and dismissals of Governors, ministers and

members of various other administrative units, however, the necessary ‘separation of

powers’ was omitted as the President was made an integral part of the unicameral

central legislature4

, and given the authority to summon and prorogue the National

Assembly.

Seven years, numerous political and economic upheavals, protests and a war with

India later – Ayub Khan left the scene and took his constitution with him after imposing

martial law on March 25, 1969. The first ever general elections were held under the

new Chief Martial Law Administrator General Yahya Khan according to the LFO he

introduced, abolishing One-Unit, ending East West parity and utilizing adult franchise.

Due to lack of effective conflict resolution skills, East Pakistan separated on

December 16th, 1971 becoming independent Bangladesh and Pakistan was left with

only her western territories and a new elected government of Zulfikar Ali Bhutto.

Martial Law was lifted in April 1972 and a Constitution Committee, comprising of

members of the Government and Opposition and headed by Abdul Hafeez Pirzada,
presented a draft report on the Constitution on December 21st, 1972 which was

passed unanimously by the National Assembly but after much negotiations and

compromises, on April 10, 1973 and enforced on August 14, 1973.

Twice the Constitution has been suspended, when the Martial Law was imposed on

July 05, 1977, and, later, when the fourth military coup took place on October 12,

1999. Altogether fourteen amendments have been made in the constitution and it is

widely felt that the Constitution of 1973 is no longer how its framers and adopters had

envisioned it to be.

REFRENCE:

1. Dr.SyedJaffarAhmed,(2004).OverviewoftheConstitutionofPakistan.

Lahore,Pakistan:PakistanInstituteofLegislativeDevelopmentAnd

Transparency,p.12(AvailableOnline:
http://www.millat.com/democracy/Constitution/briefing_paper_english_17.

pdf)

2. AlaaM.Bokhari∗ (n.d.) 'The Constitution of Pakistan Issues: Challenges and Options', journal of

ANSWER NO. 2

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in
the country. This was the first of many military regimes in Pakistan’s history. The Constitution of 1956
was abrogated, ministers were dismissed, Central and Provincial Assemblies were dissolved and all
political activities were banned. General Muhammad Ayub Khan, the then Commander-in-Chief of the
armed forces, became the Chief Martial Law Administrator. The parliamentary system in Pakistan came
to end. Iskander Mirza was ousted by General Ayub Khan, who then declared himself President. This was
welcomed in Pakistan as the nation had experienced a very unstable political climate since
independence. Despite economic growth, continuing economic and social inequalities, the
disadvantaged position of East Pakistan, and the limitation of civil liberties provoked increasing
discontent with his regime.

Ayub Khan used two main approaches to governing in his first few years. He concentrated on
consolidating power and undermining the opposition. He also aimed to establish the groundwork for
future stability through altering the economic, legal, and constitutional institutions. The imposition of
martial law targeted “antisocial” practices such as abducting women and children, black marketeering,
smuggling, and hoarding. Many in the Civil Service of Pakistan and Police Service of Pakistan were
investigated and punished for corruption, misconduct, inefficiency, or subversive activities.
Corruption had become so widespread within the national and civic systems of administration that Ayub
Khan was welcomed as a national hero by the people. The new military government promised that they
would carry out reforms in the entire government structure and would cleanse the administration of the
rampant corruption. A thorough screening process of all government servants was conducted and
service records were closely scrutinized. Public servants were tried for misconduct by tribunals
consisting of retired judges of the Supreme Court or High Court. Disciplinary actions such as dismissal or
compulsory retirement of the public servant could take place against corrupt officials. A public servant
could also be disqualified from holding any public office for 15 years. About 3,000 officials were
dismissed and many others were reduced in rank as a result of these measures. A law called the Elective
Bodies Disqualification Order, popularly known as E. B. D. O, was promulgated for the disqualification of
politicians. Under this law, a person could be disqualified from being a member of any elective body.
Under this harsh law, several politicians like Suhrawardy and Qayyum Khan were disqualified. The E. B.
D. O, particularly its application, was severely criticized in the legal and political circles throughout
Pakistan.

Moreover, Ayub Khan focused on the long-standing question of land reforms in West Pakistan. It was
meant to reduce the power of groups opposing him like the landed aristocracy. The Land Reform
Commission was set up in 1958. In 1959, the government imposed a ceiling of 200 hectares of irrigated
and 400 hectares of unirrigated land in the West Wing for a single person. In the East Wing, the
landholding ceiling was raised from thirty-three hectares to forty-eight hectares. Landholders retained
their dominant positions in the social hierarchy and their political influence. Four million hectares of
land in West Pakistan were released for public acquisition between 1959 and 1969. It was sold mainly to
civil and military officers. It created a new class of farmers having medium-sized holdings. These farms
became immensely important for future agricultural development, but the peasants benefited scarcely
at all.

Besides, a legal commission was set up to suggest reforms of the family and marriage laws. Ayub Khan
examined its report and issued the Family Laws Ordinance in 1961. It restricted polygamy and
“regulated” marriage and divorce, giving women more equal treatment under the law. It was a humane
measure supported by women’s organizations in Pakistan. The ordinance could not have been
promulgated owing to opposition from the ulema and the fundamentalist Muslim groups. This law like
family planning was relatively mild and did not seriously transform the patriarchal pattern of society.

Furthermore, Ayub Khan adopted an energetic approach toward economic development. It soon bore
fruit in a rising rate of economic growth. Ayub Khan period is credited with Green Revolution and
economic and industrial growth. Land reform, consolidation of holdings, and strict measures against
hoarding were combined with rural credit programs and work programs, higher procurement prices,
augmented allocations for agriculture, and, especially, improved seeds put the country on the road to
self-sufficiency in food grains. This is popularly known as the Green Revolution. The Export Bonus
Vouchers Scheme (1959) and tax incentives stimulated new industrial entrepreneurs and exporters.
Bonus vouchers facilitated access to foreign exchange for imports of industrial machinery and raw
materials. Tax concessions were offered for investment in less-developed areas. These measures had
important consequences in bringing industry to Punjab and gave rise to a new class of small
industrialists.
Moreover, Ayub Khan introduced certain reforms in the field of education. It was meant to raise the
literacy level and trained manpower in Pakistan. He made technical education mandatory.  The two-year
degree program was extended to three years. Civil Defense training was made mandatory in schools and
colleges.

Last but not the least, Ayub khan introduced labor reforms. Ayub showed interest to work for the
betterment of the labor class. It was made mandatory for the factory owners to recognize the elected
union council and to consider its opinion in all the issues. The government provided security to the
leader and members of the union council from any revengeful activity of the factory owner. In
September 1961, a law was passed about the basic daily wages of the laborers. Social security scheme
was promulgated by which the labor was to be facilitated in case of any emergency.

Ayub’s policies of concentrating political power in his own hands, his control over the press and media,
imposing the state of emergency in the country, and his interference in religion were also responsible
for his downfall. By the end of 1968, the public resentment against the Ayub’s regime touched a boiling
point and an anti-Ayub movement was launched by the urban-middle class; including students,
teachers, lawyers, doctors, and engineers. Law and order broke down and Ayub was left with no other
option but to step down.

REFRENCE:

1. Historypak.com () Reforms Introduced by Ayub Khan, Available

ANSWER NO. 3

allowed the President to unilaterally dissolve the National Assembly and elected governments.

The bill was passed in the absence of the elected Parliament. The eighth amendment was drafted and
later enforced by the technocratic-military government of General Zia-ul-Haq. The eighth amendment
changed Pakistan's system of government from a parliamentary democracy to a semi-presidential
system. The eighth amendment strengthened the authority of the President and also granted additional
powers to dismiss the elected Prime Minister's government. These powers included the right, expressed
in sub-section 2(b) inserted into Article 58, to dissolve the National Assembly (but not the Senate) if, in
his or her opinion, "a situation has arisen in which the Government of the Federation cannot be carried
on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary."
(Constitution of Pakistan, Article 58) with the consequence of dismissing the Prime Minister and his or
her Cabinet.

The Eighth Amendment, besides making a number of other changes to the Constitution, introduced the
following clause into Article 58 of the Constitution:

(2)
 Notwithstanding anything contained in clause (2) of Article 48, the President may also
dissolve the National Assembly in his discretion where, in his opinion,
 (a) a vote of no-confidence having been passed against the Prime Minister, no
other member of the National Assembly is likely to command the confidence of
the majority of the member’s of the National Assembly in accordance with the
provisions of the Constitution, as ascertained in a session of the National
Assembly summoned for the purpose; or
(b) a situation has arisen in which the Government of the Federation cannot be
carried on in accordance with the provisions of the Constitution and an appeal to
the electorate is necessary.
Impact on democracy
General Zia-ul-Haq first used the amendment to dismiss Prime Minister Mohammad Khan Junejo for
alleged corruption in May 1988. The prime minister had wanted to roll back Zia's authority. In
1988, Benazir Bhutto pledged to abolish the amendment in her election manifesto. The amendment
stayed on the books however, because she did not have a sufficient number of seats in 1988 and again
in 1993.  From 1988 to 1996, President Ghulaam Ishaq Khan made extensive use of the eight
amendment and the Article 58 2(b) to dissolve the National Assembly. President Khan used the
amendment to dismiss the elected governments of Prime Ministers Benazir Bhutto and Nawaz Sharif.
President Khan first used the VIII Amendment on August 6, 1990, against Bhutto on alleged cases of
nepotism and the corruption. In 1993, President Ishaq Khan again used this amendment to dismiss the
people-elected government of Prime Minister Nawaz Sharif. In the second instance, Prime Minister
Nawaz Sharif was reinstated as prime minister by the Supreme Court, but the resulting stalemate ended
with the resignations of both Khan and Sharif. The use of Article 58 2(b) was almost exclusively justified
by the president as necessary, for the removal of corrupt governments that, it was asserted, had lost the
confidence of the people. Elections were held each time that caused the ruling party to lose its majority
or plurality in the National Assembly. It was again used in 1996 by President Farooq Ahmad Khan Leghari
against his own party leader Prime Minister Benazir Bhutto in November 1996.

In 1997, the Thirteenth Amendment was passed, stripping the president of the power to dissolve the
National Assembly and call for new elections, effectively reducing the presidency to a
ceremonial figurehead.

Pakistan's democracy provides no means for the people to directly recall members of Parliament before
the end of their terms. Consequently, the Thirteenth and Fourteenth Amendments had the effect of
removing the institutional checks and balances on the Prime Minister's power, by giving him or her
immunity from being legally dismissed. The power of the president's office was partially restored by
the Seventeenth Amendment. The power to dissolve the National Assembly and dismiss the Prime
Minister is now subject to Supreme Court approval. In 2010, the Eighteenth Amendment was passed by
Parliament of Pakistan reverting the 17th Amendment at an effective and immediate course.

In general discourse, the Eighth Amendment has become synonymous with Article 58 2(b), which in turn
is considered to be the provision that introduced the presidential power to dissolve the National
Assembly. However, the Eighth Amendment was in fact a compromise between the Parliament elected
in the non-party elections of 1985 and then President Gen. Zia-ul-Haq. Prior to the 1985 election, over a
period of six years, Gen. Zia-ul-Haq had already made numerous amendments to the Constitution of
1973 through various Constitution Amendment Orders, the most significant being the Revival of
Constitution of 1973 Order (President's Order No. 14 of 1985). That Order had in fact granted to the
President even more discretion in dissolving the National Assembly. Clause (2) added to Article 58 by
that Order stated: "The President may also dissolve the National Assembly in his discretion where, in his
opinion, an appeal to the electorate is necessary." Note that the test of the constitutional functioning of
the government was not required for the President to dissolve the National Assembly.

It must also be stated that the Eighth Amendment also caused the elected Parliament to endorse all
Orders made by Gen. Zia-ul-Haq by substituting the Article 270A introduced by President's Order No. 14
of 1985 by a slightly modified version, preserving the text declaring the validity of all of his actions,
including his takeover of July 5, 1977 and subsequent constitutional amendments.

It is not clear whether this explicit parliamentary approval was required for Gen. Zia's amendments to
obtain legal validity, but it appears that Gen. Zia considered it desirable to obtain this approval and thus
chose to compromise by watering down some of the presidential powers his amendments had granted.

REFRENCE:
45.115.86.58 (April
2021) https://en.m.wikipedia.org/wiki/Eighth_Amendment_to_the_Constitution_of_Pakistan, Available
at: Wikipedia.org (Accessed: 09 june 2021).