Effort for Establishment of Islamic System in Pakistan-Pakistan Studies-Handout PDF

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Chapter 7 223EFFORTS FOR THE ESTABLISHMENT OF

ISLAMIC SYSTEM IN PAKISTANThe emergence of Pakistan as an independent and sovereign State is a great event of the history ofthe subcontinent. Pakistan became the first nation of the world whose creation was based on thereligious motives. The establishment of Pakistan, therefore, negated the long-standing principle ofthe international politics that the foundation of the nations was always based on the politicalobjectives and that the religion did not mould the destinies of the nations. The entire Pakistanmovement revolved around Islam which became the crowning factor in the freedom struggle of theMuslims.

The major objective for the demand of Pakistan was the establishment of a socia1_political andeconomic order based on the Islamic principles 1safter the independence It aimed to provide asociety to the Muslims of the sub-continent where they could easily and free1y profess and practiceof their religion and mould their lives according to the teachings of Islam. Another importantobjective of the establishment of Pakistan was the fostering of brotherly relations with the Islamicworld and to make Pakistan a formidable citadel of islam in order to erect a society based on the

principles islam.

CONSTITUTIONAL AND POLITICAL DEVELOPI1ENT IN PAKISTANThe demand for separate homeland was proclaimed on 24th March, 1940 and the Quaid-i-Azamdeclared that Hindus and Muslims were two separate nations by any definition or test of a nation.Pakistan was claimed as a homeland for Indian Muslims on the principle of self- determination. “Forthe Muslims the idea of a separate Muslim state was a struggle for survival; for the Hindus it was toavoid vivisection of the motherland”.1

Finally the partition of India was materialized and a new independent and sovereign state ofPakistan was carved out of it. Under section 8 of the Indian Independence Act 1947, the govt. of

India Act 1935 became, with certain adaptations and modifications, the interim constitution ofPakistan. But since the 1935 Act did not contain necessary elements required for a constitutionalGovernment of an independent state, a new constituent Assembly was set up for framing of theconstitution. The interim constitution was supposed to stay till a new constitution was framed by theconstituent Assembly of Pakistan. While India was successful in framing a constitution by 1950-51,constitution-making in Pakistan became a highly complicated task.

There were three constituent Assemblies in all ( the . one in 1947-54. tie second one in 1955-56 andthe third in 1972- 73). „the first constituent Assembly met for the first time on 10 August, 1947, thatis four day before the independence Day.2 The Ably was assigned the dual 5 oT1iaming theconstitution and to act as federal parliament, untill the constitution came into effect.

Constitutional DilemmasIt took almost nine years (1947-56) for the two constituent assemblies to make a constitution for thecountry. The inordinate delay in producing a stable political order under which the people of thetwo wings — East and West Pakistan — could participate in the decision making process onimportant national issues, was a major factor for the failure of national integration in Pakistan.Constitution making in Pakistan was unduly delayed by political intrigues and unnecessarysquabbling which characterised Pakistan‟s political situation after the death of the Quaid -i-Azamand Khan Liaqat All Khan. Muslim League, which fought freedom struggle in the most ablest

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manner, was in an extremely bad shape. Soon after the birth of Pakistan constitution making became a tool in the hands of knavish politicians who were engaged in palace intrigues making anddissolving the cabinets.1. C. W: Chowdry Pakistan P 7.2. Dr. Safdar Mahmood Pakistan Political roots and Development P 27.

The sacred and prime task of framing a workable constitution was thus crucified at the altar of power politics which ultimately led to the military‟s involvement in the national politics.

It is, nevertheless, a fact that apart from political intrigues and scramble for power, there were anumber of fundamental issues facing the makers of the constitution in Pakistan. The first year ofindependence was mainly devoted towards replacing the obsolete and depleted Governmentalmachinery by a workable administrative system and rehabilitation of the homeless and distressedrefugees. The making of the constitution, even in the most congenial situation, is a difficult andstupendous task because it is intended to take into account diversified point of view. There is every

possibility of sheer disagreement to arise on ideological commitments and clash of interests andsometime on linguistic and ethnic question.

The problems which the framers of Pakistan constitution had to face were multifarious, diverse andcomplex in nature. The framers, first of all, were pitched into the most sensitive and awesomesituation of deciding the role of the religion in country‟s constitution. Pakistan, it was claimed,established because of the desire of Indian Muslims to preserve and promote Islamic ideals. Whilethere was a general agreement that the constitution of Pakistan should be based on Islamic Ideologyand principles, there were differences about the exact place of Islam in the political system of thecountry. The framers of the constitution had to spend considerable time and energy in arriving at acommonly accepted concept of an Islamic state. The debate on state and Islam, however, is not yetover even after the disintegration of the country. It is still a big and challenging issue facing thecountry.

The nature of the federal structure, however, was the most complicated issue of the constitutionmaking in Pakistan. From the very inception of Pakistan, it was decided that Pakistan would be afederal state. The decision of making Pakistan a federal state was accepted but serious differencesover the shape and structure of federal system were raised. Before the creation of Bangla Desh,Pakistan was considered as geographically unique, consisted of two parts, East and West Pakistan,separated by a thousand miles of foreign (Indian) territory. The population of East Pakistanexceeded the total population of all other provinces and states of West Pakistan. The western partwas industrially more advanced.

226 Pakistan Studies

The cultural and linguistic differences were also very important and haunted the constitutionmaker‟s perceptions for long time. West Pakistan is pre -dominantly Muslim; East Pakistan hadimportant non-Muslim minorities. The difficulties and differences were exploited by a group ofdisgruntled politicians in East and West Pakistan who incited the people and aired the feelings of

provincialism. They did considerable damage to the feelings of national unity. The delay inconstitution making proved to be a boon from heavens to offer them with a golden opportunity todisrupt the state.

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Another problem which the framers of the constitution faced was the acute lack of homogeneity notonly between East and West Pakistan, but there were deep differences among the different sectionsof the population in West Pakistan as well. Homogeneity of population is an essential element inmaking a smooth Federation.

The constituent Assembly after sustained deliberations, passed a resolution in March, 1949. Theresolution came to be known as the Objectives Resolution. It claimed to embody the guiding

principles on which the future constitution of Pakistan was to be planted. The objectives Resolution provided for the observance of democracy, freedom, equality and social justice as enunciated byIslam. It also recognized the rights of minorities to freely profess and practise their religions anddevelop their cultures. It stipulated that the exercise of fundamental rights shall be fully gauranteed.It provided for the independence of judiciary and a federal system of government. Moreover itemphatically pronounced that sovereignty over the entire universe belonged to the almighty Godand the authority delegated by Him to the people of Pakistan was only a sacred trust.

The resolution was discussed in five successive meetings of the constituent Assembly. The Pakistan National Congress, the opposition party in the Assembly, raised objections on the plea that theresolution mixed up politics with the religion and that the minorities would be reduced to the statusof personal servants and slaves. Most of the Muslim members, except Mian Iftikharud-din, gavetheir approval to the resolution. The non-Muslims, however, were dissatisfied with the objectivesResolution. The leader of the congress party, S.C. Chattopadhyaya, protested that

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the resolution would make the non-Muslims drawer of water and hewers of wood.3Basic Principles committeeThe objectives resolution was not the entire constitution, it simply laid down the fundamental

principles of the future constitution. Having done this the Constituent Assembly formed severalcommittees to delineate the structure of the proposed federal constitution. The most importantcommittee was the BPC (Basic Principles Committee) which was appointed on 12 March 1949when the Objectives Resolution was passed by the Constituent Assembly. Liaqat Ali Khan waschosen as the Chairman of the Committee. It was assigned the job of determining those principleson which the future constitution was to be based. The BPC on its part, set up sub-committees toexamine separately certain important issues.

The BPC endeavoured diligently to descry an acceptable formula of federal structure. It wasindeed a difficult and stupendous task to draw a workable federal system for a country like Pakistanwith so many ethnic, religious and cultural differences. The BPC published its first draftconstitution on 28th Sept., 1950.

The draft constitution prepared by the BPC was presented in the constituent Assembly on 28September 1950 by Liaqat All Khan, the first PM of Pakistan. The draft constitution provided thatthere should be a federal legislature consisting of two Houses-_ the House of Units, representing theUnits, and the House of the people to be directly elected by the people on the basis of adultfranchise. The upper House, known as the House of Units, was to consist of an equal number ofrepresentatives from all provinces, while the lower House, the House of people, was expected togive representation on population basis. It was laid down in the first draft constitution that the two

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Houses of the legislature should have equal powers, and in case of a dispute on any question, a jointsession of both the Houses should he summoned for taking a final decision.The Head of the state was to be elected by both Houses for a term of five years. A cabinet will beappointed for help and

3 Constituent Assembly of Pakistan Debate. 1949 Vol. V, No. 5 P 66.

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Assistance to the Head of the state. The cabinet will he headed by a Prime Minister who was, alongwith his ministers, responsible to both houses of parliament.

The first draft constitution published in 1950 stimulated strong protest in East Pakistan. Itcaused great disappointment amongst the people and was subjected to deep criticism. It was arguedthat it provided an incomplete constitutional structure. It was rejected on the ground that it did not

bear Islamic Character as envisaged by the Objectives Resolution.

The East Pakistani leadership opposed it because it did not provide for the province withlarge population and an overall majority in the lagislature which might be converted into a minorityin the joint session of the two Houses. The report declared Urdu as the only national languagewhich created great resentment in East Pakistan. The opposition from East Pakistan compelled theconstituent Assembly to drop this draft. The Assembly was engaged in producing a new version ofthe constitution.

Liaqat Au Khan was assassinated at Rawalpindi on 16 October 1951. Khawaja Nazimuddinstepped in as the second Prime Minister. The responsibility of producing the second draftconstitution now fell on the weak shoulders of Khawaja Nazimuddin who made promise, as usual,to complete the task at, the earliest.

Khawja Nazimuddin presented the second draft constitution to the constituent Assembly on22 December, 1952. Its main recommendations were as follows:

1. The Head of the state will be a Muslim.2. He shall be elected by the joint session of both Houses o the central legislature but will not be a

member of the legislature.3. His term of office will be five years.4. The federal legislature shall consist of two Houses: the House of Units and the House of people.The House of Units, the upper House shall have 120 seats while the lower House, the House of

people shall consist of 400 seats. The seats of the two Houses of the parliament shall he equally


Distributed between the two parts of the country East and West Pakistan.5. The West Pakistan share of its seats was to he further divided amongst its provinces according to

population.6. The term of each House shall be 5 years.7. Both the Houses shall have equal powers.8. The constitution shall be amended with the agreement of both central and provincial legislatures.

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9. The council of ministers was to be responsible collectively to the House of the people.

The most important contribution of the second draft constitution was the principle of parity between East and West Pakistan. This was called the parity proposal which brought East Pakistan at par in the central legislature. It provided that in the House of Units 60 members will be from theEast Pakistan and 60 from the West Pakistan. In the House of people 200 members were to be fromEast Pakistan and 200 from the nine units of West Pakistan.

The fate of the second draft constitution was, however, no more favorable than that of its predecessor. This time the reaction was adverse particularly in West Pakistan. The West Pakistan press joined in a chorus of protest and agitation against the report. The West Pakistan leaders foundone logic in treating one single province, East Pakistan, as being equal in importance to all otherunits put together.

On the other hand the reaction in East Pakistan was no less hostile than in West Pakistan.The principle of parity was not acceptable to the people of East Pakistan. They thought injusticewas being done to them by ignoring their numerical majority and giving them equal representation.Parity between East and West Pakistan with respect to the seat allocation in the central legislatureviolated the federal principle. This had been done in absolute disregard of the divergencies betweenthe wings such as social, linguistic, cultural, economic, climatic, population and lack ofgeographical contiguity. This part of the report, therefore, was widely criticised by the Punjab and,Bengali gruops.4 the Punjabi4 The Pakistan Times, 12 January, 1953.


group feared that East Pakistan had been given a position of complete domination over the Westwhich was already divided into nine Units, against one unified unit of East pakistan. 5 Owing to

these and other differences the BPC report was popularly known as the Bengali-Punjabi crisisreport.6 The greatest drawback of the „parity proposal‟ was that it diverted people‟s thinking andmade it move in provincial grooves, as if the people had never entered the mainstream of Pakistanmovement. 7

Another recommendation of the second draft constitution that invited scathing criticism, was onerelating to the formation of Ulama Board to review central and provincial legislation. The provisionin the constitution to set up a Board of Ulama outside the parliament which could veto anylegislation in the light whether or not it was Islamic, posed new dangers.8

Despite the defects inherent in the report, Khawja Nazimuddin commended it to the nation as a

document representing the maximum agreement. He described it as The first golden ray of the sunwhich illuminates the sky.9 However, Khawja Nazimuddin, despite his deep optimism, wasextremely disappointed to see his Endeavour‟s to reach a final agreement being flouted. Most of themembers of the BPC including Mian Mumtaz Muhammad Khan Daultana, MA Gurmani andChaudri Nazir Ahmed dissociated themselves from the report and declined to put their signatures toit. There was once again deadlock in constitution making.‟

The constituent Assembly, once more, in the wake ol severe criticism, postponed its delibrations foran indefinite period and it appeared that country faced an acute constitutional dilemma and no

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solution seemed to be acceptable to both East and West Pakistan. The situation of the country became ridden with political intrigues and manoeuvrings. Honest efforts to reach a compromisewere frustrated through political moves so as to5 Ibid.6 Ibid.7 Ibid.8 Dr. Safdar Mehmood Pakistan Political Roots and Development. P 33.9 A constitution for Pakistan, H. Feldman P 35.

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give the opportunists a chance to come into power. The process of constitution-making was greatlyaffected by the scramble for power among the politicians.

The political deadlock was ultimately unlocked with the removal of Khawja Nazimuddin on 16April 1953. Mr. Muhammad Au Bogra, Pakistan Ambassador in the USA was called back andappointed the new prime-minister. Muslim League elected Muhammad Au Bogra as leader of the

parliament.

The third Prime Minister Mr. Muhammad Au Bogra, presented the third draft constitution in theAssembly on 7 October 1953 within less than six months of his appointment as the Prime-Ministerof Pakistan. He evolved a formula popularly known as the Muhammad Mi formula to overcome theconstitutional deadlock over the question of representation in the proposed federal legislature.Muhammad Ali claimed that his formula was acceptable to the representatives of both the wings.The proposals of Muhammad Ali formula were as follows.

1. Central legislature shall consist of two Houses.2. In the upper House, the membership shall he fifty distributed amongst the five units of Pakistan

of which East Pakistan was one.3. The second House shall comprise 300 seats to be divided among the five units on the basis of

population. Accordingto this proposal East Pakistan shall have 175 seats and West Pakistan consisting of four units also175 in the two Houses of the parliament.4. The distribution of seats was made in such a way as to ensure parity between the two zones in the

joint session ofthe houses. The allocation of seats in the central legislature was to he as followes

UNITS UH LH TOTALIN CENTRAL LEGISLATUREEAST PAKISTkN 10 165 175WEST PAKISTAN (a) Punjab 10 75 85

(b)NWFP& Tribal Areas 10 24 34(d)Baluchistan 10 17 27(c)Sind & KhairpurBahawalpur State Karachi

10 19 29

Page 232 10

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50 300 350

The powers of the two Houses were to be equal and the Ministry was to be responsible to bothHouses. Important measures like a vote of confidence in the cabinet or the elections of the Head ofState were to be decided only in joint sessions. If the Head of the state was from West Pakistan, thePM shall he from East Pakistan and vice-versa.

The suggestions of Muhammad Au formula were thoroughly considered by the constituentAssembly for thirteen days in October and again on 14 November, 1953. A drafting committee wasappointed to finally prepare the provisions of the draft as approved by the Assembly. Anotherhighly and explosive issue facing the framers of the constitution was the language problem. Thethird PM was apparently successful in bringing about a compromise on the language issue whichhad been agitating the country since the beginning and had a great impact on constitution making.Pakistan was a bilingual state where the majority of the people spoke Bengali. The adoption of Urduas official language in the first draft constitution of 1950 was bitterly resented in East Pakistan andas such Muhammad Au brought about a compromise giving equal status to both Urdu and Bengahas--official languages. English was to continue as the official language till the development andgrowth of a common language.

With successfully handling the basic issues, the framers of the Constitution moved faster towardsadopting a constitution. The Constituent Assembly was successful in adopting a draft Constitution

by September 1954. The Constitution bill was reported to have been ready and only the formality ofenacting it into law remained. Prime Minister Muhammad Au Bogra even had announced the dateof promulgation of the new Constitution on 25th December, 1954.The first Constituent Assembly,unfortunately, could not rather was not allowed to complete its mission. Within ten days233of the adoption of the final draft of constitution it was dissolved by the Governor-General in a mostundemocratic and arbitrary manner. The dissolution of the first Constituent Assembly involved

Pakistan in a series of legal disputes and in a period of Constitutional Crises and confusion.

The dissolution of the first Constituent Assembly was activated due to some significant politicaldevelopments in the Country. Muslim League was defeated in the general elections in EastPakistan. It, therefore, lost its majority in the Assembly and obviously its authority to draft theConstitution was challenged by the United Front. Muslim League could not maintain its position inthe western wing of the country as well.

In addition to the political situation emerging after the elections, the Constituent Assembly took anumber of decisions which invited the Governor - General‟s annoyance. In the first place theAssembly replaced the PRODA (Public Representative Officer Disqualification Act of 1948-49 on

20th September 1954 which gave authority to the Government to expose the corrupt and inefficientMinisters, and politicians. Then the Assembly scrapped sections 9, 10, 10-A, 10-B, of the Act of1935. These sections gave power of dismissing the government to the Governor General. TheGovernor-General Ghulam Mhammad had dismissed earlier Nazim-Ud-Din Ministry under theseclauses.

These measures were taken without the knowledge of the Governor General and were, infact, aimedat curtailing the powers of the Governor-General. The Governor-General, who was away from thecapital, rushed to Karachi and hit back against actions of the Assembly. The Governor-General

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issued a proclamation declaring a state of emergency throughout Pakistan and dissolved theAssembly on 24th October‟ 1954. All previous attempts of warning the Constitution and the entirespade work done in this connection were brought to naught by a sweep of the pen of the highestexecutive authority in the Country.‟°

However, the Assembly did not surrender easily. Maulvi Tamiz ud Din, speaker of the dissolvedAssembly challenged the order of the Governor-General and filed a petition before the Sind HighCourt. It was claimed in the petition that the assent of the Governor General was not required forlegislation under10. G.W. Chowdry Constitutional Development in Pakistan. P-141.


Subsection (1) of section 8 of the Indian Independence Act of 1947, and as such the dissolution ofthe Assembly was unconstitutional and illegal. The full bench of the Sind Chief Court unanimouslyupheld the version of Maulvi Tamiz ud Din and declared the dissolution as null and avoid. Thefederation of Pakistan, therefore, appealed to the Supreme Court of Pakistan. The Supreme Courtfinally gave its ruling in favour of the Governor- General. The Governor-General, after dissolvingthe Constituent Assembly, again invited Muhammad All Bogra to form new Ministry. The newCabinet had some new faces. General Muhammad Ayub Khan, the then C-In-C, Major GeneralIskander Mirza Dr. Khan Sahib and Suherwardy were included in the Cabinet. The Cabinet wasresponsible to Ghulam Muhammad, Governor-General. The induction of General Ayub Khan in theCabinet paved the way for military‟s involvement in the Country‟s political affairs which provedcorrect with the imposition of ML in 1958.

The second Constituent Assembly was set up in 1955 elected from the existing provincialAssemblies, It consisted of eighty members and had full authority of legislation. Muslim League,after its defeat in election in East Pakistan, ceased to be a majority party. The party position in the

second Constituent Assembly was as follows:Muslim League 25Pakistan Congress 4Scheduled Casts Federation 3United Progressive Party 2United Front 16Awami League 12

Noon Group 3independent Muslims 1Other 6

In view of the party position, majority Government could not be formed. A coalition Cabinet wassworn in with Chaudri Muhammad All as its leader. Muhammad All Bogra was sent back to hisformer position of Pakistan‟s Ambassador to the U.S.A.

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The Cabinet under the able guidance of Ch. Muhammad All moved swiftly towards the Constitutionmaking and its first major achievement was the passage of the establishment of West Pakistan Act

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on 30th September 1955. The Act abolished the old subdivisions and amalgamated the provincesinto ONE UNIT.

Chaudri Muhammad All gave top priority to the Constitution making. He produced fourth draftconstitution which was presented before the Assembly on 8 January, 1956. The draft was finallyapproved and adopted by the Constituent Assembly on 29th February, 1956.

The Governor- General‟s assent to the draft Constitution was accorded on 2 March 1956 . On 23rdMarch, 1956 Pakistan was declared a Republic, with this an indefinite and tantalizing era ofconstitutional statlemate and public confusion came to an end.

The Constitution Of 1956The first constitution of the country was enforced on 23rd March, 1956. Its summary is given

below:President

The President was the Chief executive and a titular Head of the state. He was to he elected by members of National Assembly and Provincial Assemblies with majority vote. He should be aMuslim and 40 years of age. He was to be elected for five years term.

His most important function was to appoint the Prime Minister. He was to appoint ProvincialGovernors, Judges of the Supreme Court, Auditor-General and Advocate General. He couldsummon, prorogue and dissolve the National Assembly.

The President had veto power to reject or withhold his assent to the Bills. He had power to grant pardon, reprieves or reduction of punishment.

Prime MinisterThe Prime Minister was the Head of the majority party in the federal parliament. He was the

leader of the House and the head of the Cabinet. The Cabinet ministers served during his pleasure.He could be removed by the President. The Cabinet was collectively responsible to the NationalAssembly.


National Assembly

The National Assembly was composed of the President and the NA. It consisted of 300members equally divided among the two wings of the Country. Ten seats, five each for East and

West Pakistan were reserved for Women. The National Assembly had complete control overfinances.

GovernorHe was appointed by the President and could serve only during his pleasure. Like the

President in the Centre, the Governor was entrusted with the responsibility of appointing the ChiefMinister who in his opinion, Commanded the Support of the majority in the Provincial Assembly.Provincial Assembly

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The provincial Assembly Consisted of the Provincial Legislature and the Governor. EachAssembly had 80 members. Ten seats were reserved for woman.Judicial structure

Supreme Court: The Supreme Court was headed by a Chief Justice who was appointed bythe President. The Supreme Court had original as well as Appellate Jurisdication. High Court: EachProvince had a High Court which consisted of a Chief Justice and a few other Judges.Thev wereappointed by the President in consultation with the Chief Justice.

Islamic Provisions of the 1956 Constitution

1. The name of the country will be Islamic Republic of Pakistan.2. The preamble of the constitution embodied the sovereignty of God Almighty.3. The Head of the State shall be a Muslim.4. Islamic Advisory Council shall be set up.5. No Law detrimental to 1sJam shall be enacted.

The political conditions of the country could not be improved even after the first constitution wasenforced. The

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political unstability remained rampant. The elections could not be held till 1958. The constitutioninvited critisism from certain quarters.

The constitution of 1956 was not a perfect document. The principle of parity caused great deal ofresentment in East Pakistan who believed that its numerical strength had been debilitated by the

parity proposal, politicians changed loyalties over night. Political instability greatly hampered with

the developmental activities. The Country miserably lacked in popular leadership of high caliber.Martial Law was declared in the Country on 8th October, 1958. General Ayub, C-in-C of the Army,took over the Government and became the Head of the State on 27th October, 1958.

After taking over, President Ayub Khan set up a constitutional commission under Justice Shahab-ud-Din to suggest recommendation for the new constitution of the country. The commission afterthorough and lengthy disscussion submitted its report on 6th May 1961.

The report was examined by President. In its report the commission highlighted the reasons of thefailure of parliamentary democracy in Pakistan. it fixed the responsibility for the debacle ofdemocracy on the lack of dedicated leadership, absence of well organized political parties and the

self aggrandizement of the greedy politicians. In view of the recommendation of the commission anew constitution was framed by a constitutional body which was neither elected nor did it enjoy

popular support. The constitution was thrust upon the people in an undemocratic and authoritarianmanner.

CONSTITUTION OF 1962President

The Executive head of the Country was called The President. A Muslim citizen of Pakistanof 35 years of Age was eligible to become the President by contesting elections. President could not

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become a member of the legislature. He was elected indirectly by 80,000 (enhanced to 120,000) BDmembers, elected directly by the people. The President could he removed only by the NationalAssembly by impeachment.


The President was all powerful in the appointments and dismissal of Governors, ministers andnumbers of various administrative Commissions. All civil appointments were in his name. ThePresident had massive veto powers and could easily reject the Bills passed by the legislature. Hecould issue Ordinances. he could summon, prorogue and dissolve the National Assembly. He coulddeclare emergency in the Country.

National AssemblyThe Central legislature consisted of the President and the National Assembly. The NA wascomposed of 156 members. Six seats were reserved for women. The seats were equally distributed

between the two Wings. The number of the members of NA was increased from 156 to 218 by aconstitutional amendment. The NA was to consist of 200 members and ten intellectuals nominated

by the Government. Eight seats were reserved for women.

The NA had exclusive legislative authority over the central subjects. In case of inconsistency between the central and provincial legislation, the former prevailed. The NA had full authority onfinances. It could levy taxes and pass the annual budget. 11

The NA also acted as a Court of Law when a resolution of impeachment, conviction in onedeclaring the President as incapacitated was before the House. The NA could pass by 2/3 majorityan amendment to change the constitution.The GovernorThe Governor, the Provincial Chief, was appointed by the President. He served during President‟s

pleaser and could he removed any time by a presidential Order.

The 1962 Constitution introduced Presidential System in the Country. The President was all powerful and had acquired dictatorial powers. The NA had very little powers. The ministers wereappointed and dismissed by the President, who could also dissolve the Assembly.11. The Constitution of Pakistan 1962 Article 23 PP 152-53.

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The people soon were disillusioned with the 1962 constitution and the authoritative style of the

Ayuh regim. There were virulent demonstrations against the presidential system and the peopledemanded Ayub Khan‟s resignation and abrogation of the constitution. The East wing demanded

provincial autonomy.

Ayub Khan, wisely decided to step down under the mounting public pressure. The constitution wasabrogated and Martial was again imposed in 1969. The Government was handed over to the then C-IN-C General Yahya Khan.The Country. after 22 years of independence, was without a workableconstitution. Unfortunately the Country had once again been plunged into the constitutional impasse

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which was to make its, detestable and an indelible impact on the furtre political situation of theCountry.

General Yahya Khan decided to disband the One Unit and restored the old provinces of Punjab, NWFP, Sind and Baluchistan. These provinces became fully operative by July 1970. The principleof one man one vote was accepted putting an end to the parity system. Yahya Khan gave his Legalframe Order to run the Country. According to General Yahya Khan‟s Constitutional formula, the

NA was to consist of 313 members, 169 from East Pakistan and 144 from the West Pakistan.General elections under the LFO were held in December 1970. Sheik Mujib‟s Awami Leage won167 seats from East Pakistan and the people‟s party emerged as the majority party in West Pakistan. East Pakistan was separated from the rest of the Country in 1971. General Yahya was heldresponsible for the East Pakistan debacle and had to resign. He handed over the Government to ZABhutto, Chairman of the PPP. Mr. Bhutto, realizing the obliterated situation of the Country, decidedto give priority to framing a workable constitution for the Country. The NA appointed a committeeon 17 April 1972 for preparing Draft Constitution. Martial Law was lifted on 14 April 1972 beforethe appointment of the Constitution Committee.

The Constitution Committee, under Abdul Hafeez Pirzada, presented the draft constitution on 2February 1973. The NA passed the draft unanimously and the President gave his assent on 12 April1973. The Constitution was enforced on 14 August 1973.


THE CONSTITUTION OF 1973President

The 1973 Constitution established the parliamentary system in the Country. The President isa titular head of the Country and the executive powers are vested with the Prime Minister and his

Cabinet.

The President is a Muslim and elected by the joint session of NA and the Senate. He is elected for aterm of 5 years. No person can remain President for more than two terms. He cannot be removedfrom his office before the expiry of his term of office. However through impeachment the Presidentcan be removed from office for gross misconduct, physical or mental disability and for violation ofthe Constitution.

The President can summon the session of the NA and the Senate or a joint session of both theHouses. He can also address any House of the parliament and can dissolve the NA on the advice ofthe P.M. The 8th amendment to the constitution has accorded special powers of dissolution of

Assembly to the President. By virtue of these powers the President can dissolve the Assembly at hisown if there are sufficient reasons to believe that the Government is not functioning properly andthere is a visible danger to the federation. In these circumstances the President without the advicefrom the PM,can dissolve the Assembly.

The President has limited authority in legislation. If the President does not give his assent to a bill passed by the parliament within the stipulated period, that bill will he considered to have beenassented to by the President and will become a law.

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The President enjoys vast executive authority. He appoints the Governors, Attorney General, ChiefElection Commissioner, Chief Justice and Chief of Staff of the Army, the Navy and Air Force. Heis also the head of the armed forces.

The President can issue a proclamation of emergency in the country if he is satisfied that a gravesituation threatening the peace in the country prevails. If a Provincial Government has failed tofunction smoothly, the President can himself assume the executive powers of that

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Province or may direct the Governor of the Province to act on his behalf.

Prime MinisterThe Prime Minister is the focus of all executive authority and considered to he the fountain

head of executive realm in the parliamentary system of Government. According to the article 90 ofthe Constitution, the Federal Government is composed of the PM and the members of his/herCabinet. The PM is the Head of the Government. The PM and his Cabinet are collectivelyresponsible to the NA.

The PM is elected by the NA after 30 days of the General Elections. The President calls the sessionof the NA for the election of the PM. The candidate for premiership is required to get the majorityof the total members of the NA. In case none of the candidate fulfils this requirement, a secondround of election is held in which only two candidates with the highest number of votes in the firstround are allowed to contest. The one who gets the majority of the votes of the members present atthe time of voting is declared elected.

After getting elected the PM then forms his Cabinet form the members of parliament. The PM is

fully empowered to appoint the members of his/her Cabinet. He/She can also dismiss any memberof the Cabinet without assigning any reason.

The PM can resign from his/her post by tendering his/her resignation to the President. He/She canalso be removed by a vote of no confidence against him passed by the NA.The most important duty of the PM is to run the administration of the Country. The Cabinet assistshim in the discharge of his duties as the executive head of the Country. Each Minister is the head ofa department a division and is individually responsible to the PM.

Article 90 clause 3 of the constitution refers to the principle of collective responsibility. The PMand his/her cabinet are collectively responsible to the NA. The concept of collective responsibility is

based on the principle that the PM should he empowered to appoint and dismiss a minister ofhis/her Cabinet.The PM has to keep the President abreast of the legislative activities and internal and externalaffairs of the country.


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ParliamentThe Constitution of 1973 has provided for a bicameral legislature, the NA and the Senate.

The office of the President has been excluded from Parliament. It is for the first time that Pakistanhas a bicameral legislature. The NA, however, enjoys greater authority as compared to the Senate.The National Assembly

The NA consists of 207 Muslim members who are elected by direct adult franchise. The NAconsisted of 227 seats in total. The distribution of seats in the NA is as follows:

Punjab Sindh NWFP Baluchistan FATA Federal Capital Women NonMuslim115 46 26 11 8 1 20 10

(Total 237)A person who intends to be elected to parliament has to be a citizen of Pakistan not less than 25years of age. He should be an enrolled voter in the electoral rolls of the Country.

Seats have been allocated in the NA for Provinces, Federal Capital and Federally AdministeredTribal Areas. Twenty seats have been reserved for women in the NA. These seats are dividedamong the four Province on the basis of their population.

The NA elects from amongst its members a speaker and Deputy Speaker after the election of thePM. The Assembly can pass a vote of No Confidence against the Speaker. The Speaker presidesover the meetings of the Assembly, maintains discipline and decorum in the House.

The SenateThe Upper House of parliament is known as the Senate. The Senate consists of 87 members

which will he as under:Punjab 14

NWFP 14Sind 14Baluchistan 14

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Each PA will elect the 14 members belonging to the respective Provinces. Eight members shall heelected by the NA from FATA. Three members shall he elected from the Federal Capital. Each

provincial Assembly shall elect five members to represent Ulama, technocrats and other professionals.

According to clause 3 Art 59 of the 1973 constitution, the Senate is a permanent body and cannot hedissolved. The term of its members shall he six years. One half of the members elected by eachProvincial Assembly shall retire after the expiry of three years. Four members from FATA shallretire after three years and the remaining four after next three years. One member from the federalCapi tal retire after „first three years and two after the next three years. Two members from thetechnocrats, Ulama etc retire after three years and the remaining three after six year. The newlyelected members shall complete the remaining term of his predecessor.

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The members of the Senate elect from amongst themselves a Chairman and Deputy Cairman toconduct the proceeding of the Senate.

Provincial AssemblesThere are four Provinces which form the federation of Pakistan. Each Province has a

Provincial Assembly as follows:The members of the PA are elected by the people by direct vote. The PA is elected for .a term of 5years. The PA elects a speaker and Deputy Speaker

NON-MUSLIM SEATSChristians Hindus Sikh, Bud, Parsi Qadianis

Baluchistan 40 1 1 1 NWFP 80 1 …. 1Punjab 240 5 1 1 1Sindh 100 2 5 1 1


The judicatureArt 175 provides for a Supreme Court of Pakistan. Each Province shall also have a High Court. TheSupreme Court shall consist of a Chief justice and other judges whose number shall be determined

by the President.

The Constitution of 1973 was based on the general concensus. Almost all the political partiesextended their approval to it. Its enforcement from 14th August 1973 initiated a new era ofdemocracy and political stability in the Country.

The first general elections under the 1973 Constitution were held in 1977. The Government of PPPwas accused of having rigged the elections which sparked off a country wide agitation against thePPP‟s Government. The hostile agitation posed a serious threat to the internal security of theCountry. The agitating parties demanded fresh elections and removal of ZA Bhutto from power.The Government did not accept the demand. The constant populist agitation and the rigid attitude ofthe Government plunged the country into a serious constitutional and political turmoil of graveseverity.As a result of the continuous agitation and failure of the political parties to resolve the threateningsituation General Zia ul Haq, Chief of the Army, took over the Government in July, 1977. Mrs.

Nusart Bhutto, moved the Supreme Court against the violation of the Constitution. The Supreme

Court, however, in its judgement of 10 November 1977 approved the decision of CMLA andOrdered that the action was necessitated by the grave tm of the events and, therefore, was justifiedunder the law of necessity. The Supreme Court declared Ge neral Zias‟ Government as the de fectoGovernment.

General Zia did not abrogate the 1973 Constitution but suspended it and put it in abeyance for time being. The Martial Law regim of General Zia in the meantime introduced a number of amendmentsto the constitution in order to adjust it with the changed situation after the imposition of MartialLaw.

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STEPS TAKEN BY THE GOVERNMENT FOR THE PROCESS OF ISLAMIZATION

After the proclamation of the Martial Law in 1977, the then Government had to issue severalMartial Law regulations to

245

effectively control the aggravating situation. The Government then set to its prime duty of theintroduction of Islamic order in Pakistan. There is one strong opinion which has‟ effectively

prevailed over the years that the process of Islamization, in fact, began the day the Qadianis weredeclared as non-Muslims on their negation of the finality of prophethood in 1974. The opinionappears to carry some weight as the action of the Government of Mr. Z.A. Bhutto, declaring theQadianis as non-Muslims, was understood as a step to have been taken for the safeguard of the

basic tenets of Islam. However, it was the Martial Law regime under General Muhammad Zia-ul-Haq which took steps for the process of Islamization which are given below:

1. Hadood Ordinance: Hadood Ordinance was promulgated in the country in 1977 (12 Rabi-ul-Awal, 1399). According to Hadood Ordinance, different punishments were prescribed forvarious crimes. The word „Hadd‟ means the punishment which has been prescribed in thelight of the Holy Quran and Sunnah.

2. According to the Hadood Ordinance, preparation transportation and use of liquor/wine was

prohibited and considered a culpable crime throughout Pakistan. Any person found guilty of thesaid crime would be liable to punishment of thirty lashes and five years imprisonment.The second Hadood Law concerned with the crime of theft. It was ordained, according to this law,to cut the right hand of the person found guilty of theft. If .the person commits the crime of theft forthe second time his left hand, too, would be amputated. The habitual thief was to be awarded life

imprisonment.

The third Hadood Law is meant for adultery. According to this law if a person, man or woman,indulges in the act of adultery, he or she would be stoned to death. The act of stoning the adultererwould be initiated by the first eye-witness. The culprit will then be shot dead during stoning. Thelaw has been enacted in the light of Islam which means that if a man or woman, not married witheach other according to the Islamic way, indulge in aduite.y, would be stoned to death at an open

place.

2. Qazaf Ordinance: Qazaf means a false allegation of fornication or adulteration on a person, livingor dead, to harm his/her reputation. En order to prove this allegation, at least four adult Muslims,

known for their truthfulness, will be required to


bear witness to this fact. If the crime is established a punishment of fine and imprisonment can also be awarded.

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3. Zakat and Ushr Ordinance: The most important step taken to introduce the Islamic system inthe country, was the enforcement of „Zakat and Ushr‟ Ordinance by the Government. The„zakat and Ushr‟ Ordinance was promulgated on June 20, 1980. It is an important steptowards Islamisation of our economic system and a big achievement of the Government.

4. This Ordinance will be known as the „Zakat and Ushr Ordinance of 1979‟ and will be enforcedthroughout the country. The Ordinance will cover the Muslim population and will be extended tothe Muslim Organizations/Associations and Institutions only. A Zakat fund will he set up to collectall sorts of gifts and bounties. It will be compulsory for every „Sahib -e- Nisab‟ Muslim to pay Zakat

by deducting it from his/her accounts lying in the banks. Levying of Zakat will be applicable on thesaving accounts and the current accounts will be exempted from it. A „Sahih -e- Nisab‟ Muslim wasdefined as the one who came under the category of those Muslims on whom the payment of Zakatwas compulsory. [-lowever, it was necessary that at the time of deduction of Zakat there must be a

balance of Rs. 3000/- lying in the hank. In addition to this compulsory contribution, Muslims werealso expected to pay Zakat voluntarily on their assets lying outside the banks.

5. Ushr Ordinance: „Ushr‟ is a tax which is levied on the yield of agricultural land in cash orkind. According to this Ordinance every owner, plougher and cultivator of an agriculturalland will nave to deposit with the Government 10 per cent of the agriculturalyield/production of the land under his use in cash or kind as „Ushr‟. However, theagricultural yield less than 948 Kg. of wheat wis exempted from the payment of „Ushr‟. Itwas also decided that if the land-owner, plougher and cultivator was a poor man and cameunder the category of those persons who are eligible to receive Zakat, he will be exemptedfrom the payment of „Ushr‟.

6. In order to organize and run the system of Zakat and Usher effectively, a Zakat Council has been setup on central level which is responsible for the collection and distribution of Zakat. The ZakatCouncil for this purpose will maintain accounts of the

247

collection and distribution of Zakat. The Council will consist of the following:

(a) Central Zakat Council : Chairman, four Chief Administrators from the four provinces and fourulemas nominated by the President of Pakistan. Four persons belonging to different professions andwalks of life. The Council will also have as its members the Foreign Secretary of Pakistan,Secretary Ministry of the Religious Affairs and Administrator General who will be the Secretary ofthe Zakat Council.

(b) Provincial Zakat Council: Chairman and five ulemas nominated by the Provincial Governor.Provincial Secretary Finance and Chief Administrator Zakat who will he the Secretary of theProvincial Zakat Council.

(c) District Zakat Committee : A District Zakat Committee will be set up in every district whichwill supervise the distribution and collection of Zakat on the district level. The DeputyCommissioner of the district shall be the Chairman of the District Zakat Committee along with onemember from every Tehsil of the district.

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(d) Tehsil Zakat Committee : The Tehsil Zakat Committee shall be set up on Tehsil level to assistthe District Zakat Committee in its work of the management of Zakat. The Assistant Commissionerof the Tehsil shall he a member of the Tehsil Committee which will work under the supervision ofthe District Zakat Committee.

The amount collected in the Zakat Fund shall he distributed, in accordance with the Shariat laws,amongst those who will be considered as eligible to receive it. The District Committee, for this

purpose, shall nominate one of its members to prepare the list of eligible persons to receiveassistance from the Zakat fund. The Zakat will be distributed amongst poor, orphans, widows andthose who are unable to earn their sustenance in a respectable manner.

5. Establishment of Federal Shariat Court: The establishment of Federal Shariat Court is a highlyimportant id significant step undertaken by the Government in the lslamization process. The

jurisdiction of Federal Shariat Court e>ends to whole of the country. Appeals against the decisionsr.r the lower and high courts can he presented before the Shariat Court for

248

hearing. The Supreme Court of Pakistan can hear the appeals against the decisions of FederalShariat Court. However, Pakistan Family Laws and financial affairs are out of the jurisdiction of theFederal Shariat Court

The Federal Shariat Court decides various issues brought before it, in the light of Holy Quran andSunnah. Any citizen can challenge any law of the country in the Shariat Court where he has to

prove that a certain law is against the injunctions of islam. The appellant can claim that since a particular law is against the principles of Islam, it may, therefore, he declared as ultra vires. TheFederal Shariat Court is authorized to give its decision in order to declare any law of the country as

ultra vires if the law is found and proved as against the spirit of Islam.

6. Interest Free Banking: ‘Riba’ is an Arabic word which means the rent of the capital borrowedfor personal use. It implies that a person, who lends money to another person for his personal use,will take a certain amount of money from the borrower in excess of the amount actually lended, asthe rent of the tended money, for the period the tended money is kept under use by the borrower.The substitute word for „Riba‟ in English is known as „interest‟ and in Urdu it is called as „Sood‟.Interest or Sood is the main characteristic of the modern capitalist economy all over the world. InIslam „Riba, „Interest‟ or „Sood‟ is Haram (unlawful) and forbidden as it amounts to sheerexploitation •of a needy person by t he other who happens to be in a better economic position. It has

been considered highly immoral in Islam and equated with war against Allah and his Prophet (Peace

he upon him).

Banking system in Pakistan was being organized on „Interest‟ basis and the acc ount holders were paid an amount on their deposits on yearly basis as interest. The Government, in order, to streamlinethe banking system in accordance with the Islamic principles, took steps, to eliminate the evil ofinterest from the banking system of the country. For this purpose Interest Free banking System wasintroduced in the country on 1st January, 198i on the basis of the “Profit and Loss” Sharing System.According to this system the account holder becomes the partner with the bank in its. profit or lossand shares it according to his investment in the bank. The hank then invests the money,

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Efforts for the Establishment of Islamic System in Pakistan 249

deposited by the clients, in different industrial and commercial projects and the account-holder isinformed of the profit or loss the bank has accrued on its various industrial and commercialconcerns. Accordingly the account-holder shares the profit or loss with the bank at the end of theyear. In the beginning some difficulties and problems were faced in running this Interest FreeBanking System which have now been over-come. The Interest Free Banking is an Important steptowards lslamization process of our society.

7. Compulsory Teaching of Pakistan Studies and Isiamiat:The educational system occupies a key position in the nation building process of any country in theworld. It reflects the ambitions, approach and the goal of a nation which it aims at achieving to takea respectable position in the international fraternity.

We have inherited our educational system from the British who had drafted it according to theirown needs and requirements. In fact they erected our educational system in order to stabilize theirhegemony on the sub-continent. Since the Government of Pakistan is determined to reorganize thesociety in the light of Islam by bringing deep-rooted changes in the social set up, it is, therefore,imperative that effective changes should he introduced in the present educational system toaccomplish the objectives of Islamization. For this purpose few changes have been made in theeducational system which have initiated the process of Islamization in the educational sector of thecountry.The first step taken in this direction was the teaching of Islamiat, as a compulsory subject, on degreelevel which aimed at giving Islamic education to our students to a greater extent. Apart from itmosques have been converted into educational institutions where primary education is beingimparted. Great efforts are being made for the teaching and development of Arabic language.Arabic language courses were introduced on the Radio Pakistan and Pakistan Television besidesother programmes broadcast in Arabic from other medias.

The subject of Pakistan Studies, containing comprehensive information and material on freedomstruggle of the Muslims of the sub-continent and history of Pakistan, has been introduced forIntermediate, B.A., B.Sc., Engineering, Medical, Commerce and Law students. The major purposeof introducing this subject on

250Pakistan Studiesall levels of education is to inform the young generation of Pakistan about the freedom struggle andthe sacrifice which their forefathers gave td achieve independence for them. The subject of PakistanStudies also aims at unveiling the sacrifices which the millions of Muslims of the subcontinent,

gave for the accomplishment of Pakistan, under the dynamic, dauntless and sincere leadership of theQuaid-e-Azam.

8. Ordinance for the Sanctity of Ramzan-ul-Mubarak:Another revolutionary step towards Islamization of society has been taken by the Governmentwhich pertains to maintaining the sanctity of the holy month of Ramzan-ul-Mubarak. TheGovernment has issued an Ordinance, according to which, open drinking and eating, during the holymonth of Ramzan-ul-Mubarak has been forbidden. Any one found eating or drinking at an open

place, in contravention to this Ordinance, was liable to three months imprisonment and a fine of Rs.

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500/-. However, hospital, railway stations, sea ports, bus stands, trains and air ports were exemptedfrom this Ordinance.

The Government, in order to make Pakistan a real Islamic State, is sincerely striving hard tointroduce Islamic system in the country. The Government, for this purpose, needs staunch supportand co-operation from the masses. Pakistan at present, is passing through the transitory stagetowards its ultimate goal of Islamic society. A very long span is required to mould Pakistan into areal Islamic State. However, in view of the efforts, made by the Government, it can be safelyassumed that the time is not very far away when a society based on Islamic principles would comeinto existence which was the prime objective of the demand for Pakistan.9. Nizam-e-Salaat Committees: The Government enforced the system of Nizam-e-Salaat by whichthe people were prompted to offer their prayers regularly five times a day. The Salaat Committeeswere set up at district level which were to persuade the people to be punctual in offering their

prayers. Arrangements were made in Government offices and educational institutions to offer„Zohar‟ prayers in assemblies. Friday was proclaimed as weekly holiday. 10. Ban of Nudity: The Government imposed a strict ban on the display of nude posters and

particularly on portraying

Efforts for the Establishment of Islamic System in Pakistan 251women as publicity symbols. Display of nude scenes and moving films with nudity were also

banned on the television.

11. Pakistan and the Islamic World: The Government of Pakistan has expressed its keenness todeve lop brotherly relations with the Muslim countries. Pakistan‟s role in O.l.C. is the manifestationof Pakistan‟s earnest desire to have close relations with the Islamic World. However, in the view ofthe world economic system, sunday was proclaimed to be the weekly holiday.

OUR GOAL ESTABLISHMENT OF AN ISLAMIC SOCIETY

Islam is a complete code of life. It provides basis for Muslim nationalism and rejects racial andterritorial affiliations. It is a faith as well as a „belief‟ or concept. Islam is the line of action and

bears immense potential to absorb all branches of human life. Islam depicts a comprehensiveeconomic system which guarantees happy and prosperous economic life in the society.In fact the demand of Pakistan and its ultimate establishment was moulded on these lofty principlesof Islam. The glorious principles of Islam were the motivating element behind the freedom struggle.The main objective behind the demand for Pakistan was the Islamic way of life which the Muslimsof the sub-continent desired to adopt after separating from the united India. Since it was not possiblefor the Muslims to adopt Islamic way of life in the united India with Hindu majority, it,‟ therefore,

became the motivating force for the demand of Pakistan. The great Muslim leaders and reformerslike HAZRAT Mujadid Ali Sani, HAZRAT Shah Wall UIlah, Syed Ahmad Shaheed, Sir SYED

Ahmad Khan, Allama Muhammad Iqbal and the Quaid-i-Azam Muhammad Ali Jinnah, struggledhard for the Islamic way of life for the Muslims. The Quaid-i-Azam said,. We did not demandPakistan for a piece of land, but we wanted a laboratory where we could experimeriton the glorious

principles of Islam in order to mould our lives according to those principles.

The statement of the Quaid-i-Azam amply confirms that the objective of the establishment ofPakistan was not only to achieve national freedom or to secure economic, political or socialsafeguards for the Muslims, but it meant the enforcement of the sovereignty of Almighty God andthe, Islamic Shariah.

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252Pakist,i StudiesMost unfortunately, a dominant group, who did not like to see Pakistan emerging as an IslamicState, successfully prevailed during the initial stages of independence after the establishment ofPakistan. They were even successful in entering the first Constituent Assembly to influence theConstitution making with their heinous designs to make Pakistan a secular State. These elementsfound a golden opportunity to spread their tentacles more vigorously after the death of the Quaid-i-Azam. They, however, could not accomplish their motives due to the presence of a sincere anddedicated bunch of stalwarts in the Assembly who were committed to the sacred and desireddestination of the Islamic society.We have not as yet accomplished our desired goal of an Islamic society. The inordinate delay inConstitution making, after. the establishment of Pakistan, created numerous impediments in the

process of Islamization. The Constitution making suffered heavily due to the death of the Quaid-i-Azam at a time when the Nation was most direly in need of his leadership and guidance. The firstConstitution of the country was passed in 1956 which declared Pakistan as the „Islamic Republic‟.This Constitution remained in force for only two years when Martial Law was imposed by AyubKhan in 1958. President Ayub gave a Constitution to the Nation in 1962 which contained fewIslamic provisions. This Constitution remained in force till 1969 when Martial Law was imposed in1969 by General Yahya Khan. The Yahya regime held first General Elections in 1970 in which two

parties emerged as majority parties in East and West Pakistan. Awami League of Sheikh Mujib-ur-Rehman secured absolute majority in East Pakistan while Pakistan Peoples‟ Party under Z.A.Bhutto‟s leadership swayed t he elections in West Pakistan. The unfortunate separation of EastPakistan followed in 1971 due to armed aggression by India. The public rose in anger against the

policies of Yahya Khan who stepped down to make room for Mr. Z.A. Bhutto of PPP to become thefirst ever civilian Martial Law AdministratorMr. Bhutto, after assuming the office.. of the President and C.M.L.A., set himself to theConstitution making which was the prime need of the time. His elected assembly was successful in

giving to the nation a unanimously approved Constitution on 14th August,. 1973. This Constitution,unlike its predecessors, contained maximum Islamic provisions. A sincere endeavour was

Efforts for the Establishment of Islamic System in Pakistan 253made to establish a real Islamic system in all aspects of social life in the country for the first time.The Constitution of 1973 remained in force for nearly four years. In 1977 the Government of PrimeMinister Mr. Z.A. Bhutto was dissolved and Martial Law imposed by the Chief of Staff GeneralMuhammad Zia-ul-Haq. The process of Islamization thus suffered heavily due to the imposition ofMartial Law at different times. The Government, which occupied the seat, after the Martial Law of1977, did try to introduce Islamic order by taking a number of steps in this regard.

However, the job is not very easy. A real revolutionary approach combined with dedicatedendeavors is required to established an Islamic order in the country. It is not the job of theGovernment only but every individual will have to struggle to achieve the cherished destination ofmaking Pakistan a real Islamic State.

CHARACTERISTICS OF AN ISLAMIC SOCIETY1. Sovereignty of God: Sovereignty of the Almighty God is the basic characteristics of an Islamicsociety. It means that God Almighty exercises the absolute and unlimited authority over theUniverse. It is the foremost and prime objective of the Islamic State to enforce the sovereignty of

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God. In Islam there is no one who could share the sovereignty of God, and to consider any oneequal to God is the greatest sin in Islam.

2. Government: The Khalifa, who is the viceregent of God on earth (Naib of God) is the head of theGovernment. The Khalifa runs tile administration in accordance with tile orders of the AlmightyGod and of the Holy Prophet (peace be upon him) as enunciated in the Holy Quran and Sunnah. TheKhalifa is bound by the principles of tile Holy Quran and Sunnah and cannot in any circumstances,deviate from these principles. The Khalifa is duty bound to enforce the sovereignty of the God.Being tile „Naib of the God on earth‟ the khalifa has dual responsibility. He is answerable to the„Millat‟ on earth first and then accountable to the God ultimately. Tile first pious Caliph HAZRATAbu Bakar Siddique on assumi ng the Caliphate addressed to the people and said, “You are to carryout my orders only if those are in accordance with the orders of the God and

254 Pakistan Studiesthe Sunnah of the Holy Prophet (peace be upon him). You are at liberty to dethrone me the momentI deviate from these principles.”

3. Democracy: The Islamic society has been based on the principles of Islamic democracy whichgives equal rights and status to every citizen of the State. Islam preaches brotherhood, equality and

justice. It does not differentiate on the basis of colors, creed or status. No importance has been givento or linguistic affiliations in Islam. Even the Khalifa himself enjoys equal status as that of anordinary citizen of the State.

4. Economic System: The economic system of Islam is based on economic justice and the equitabledistribution of wealth. It stands to cater the economic needs of the members of the Islamic society.if the individual possesses economic resources more than his requirements, he is urged upon todistribute his extra wealth among the more needy members of the society. The interest or Riba,which is the rent of the lending money taken from the borrower, has been strictly prohibited and

termed as the „war against God.‟

Accumulation of wealth is a sordid concept in Islam. It does not allow the people to extract wealth by illegal means to accumulate it. The Zakat has been made compulsory on the people with a viewof helping the underprivileged classes of the society.

5. Peace and Brotherhood: Islam is the religion of peace, brotherhood and preaches tranquility. It preaches for Jihad and discourages the war designs. Jihad is allowed only when there is some forceworking against the spread of islam.

QUESTIONS/EXERCISE

1. Discuss the history of Constitution making after the establishment of Pakistan.

2. Examine the difficulties in the establishment of an Islamic order in Pakistan after theindependence.

3. Discuss the efforts so far made by the different Governments in Pakistan for the process ofIslamization.

4. Fill in the blanks:

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Efforts for the Establishment of Islamic Ss fern in Pakistan 2551. The objectives Resolution was --------------------------------------------- in---------------2. The First Constituent Assembly --------------a ------------------on to on the basic principles of ---3. Our cherished --------------------is the ------------------- of ------------------ inWrite short notes on the following:1. Characteristics of an Islamic society.2. Islamic provisions of the constitutions of 1956,1973.ANSW[RS TO FILL IN BLANKS1. passed, March, 1949.2. appointed, Committee, 12th March, 1949, report, future Constitution of Pakistan.3 goal, establishment, an Islamic society, Pakistan.

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