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Constituent Assembly of Pakistan
Constituent Assembly of Pakistan
from Wikipedia

The Constituent Assembly of Pakistan[a] was the supreme federal legislature of the Dominion of Pakistan. It was established in August 1947 with the primary tasks of framing a constitution; and serving as an interim parliament. It was officially dissolved on 23 March 1956 and succeeded by the Parliament of Pakistan when the first Pakistani constitution was promulgated.[1]

Key Information

First Session

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The members were originally elected to the Constituent Assembly of India before they abdicated in the aftermath of the partition of India. Later the members were elected in 1947 elections. The members were as follows:[2]

Province Members
East Bengal Abdullah al Mahmood, Maulana Mohammad Abdullah el Baqui, Abdul Hamid, Abul Kashem Khan, Mohammad Akram Khan, Azizuddin Ahmad, Muhammad Habibullah Bahar, Prem Hari Barma, Raj Kumar Chakraverty, Sris Chandra Chattopadhyaya, Abdul Matin Chaudhary, Murtaza Raza Choudhry, Hamidul Haq Chowdhury, Akhay Kumar Das, Dhirendra Nath Datta, Bhupendra Kumar Datta, Ebrahim Khan, A. K. Fazlul Huq, Fazlur Rahman, Ghayasuddin Pathan, Begum Shaista Suhrawardy Ikramullah, Liaquat Ali Khan, Mafizuddin Ahmad, Mahmud Hussain, Jnanendra Chandra Majumdar, A. M. Malik, Birat Chandra Mandal, Jogendra Nath Mandal, Mohammad Ali Bogra, Khwaja Nazimuddin, Nur Ahmed, Nurul Amin, Ishtiaq Hussain Qureshi, Dhananjoy Roy, Maudi Bhakesh Chanda, Serajul Islam, Maulana Shabbir Ahmad Osmani, Khwaja Shahabuddin, Huseyn Shaheed Suhrawardy, Harendra Kumar Sur, Tamizuddin Khan, Kamini Kumar Dutta, Malik Ghulam Muhammad
West Punjab Mumtaz Daultana, Ganga Saran, Bhim Sen Sachar, Zafarullah Khan, Iftikhar Hussain Khan, Mian Muhammad Iftikharuddin, Muhammad Ali Jinnah, Sheikh Karamat Ali, Nazir Ahmad Khan, Sardar Abdur Rab Nistar, Feroz Khan Noon, Omar Hayat Malik, Shah Nawaz Begum Jahan Ara, Sardar Shaukat Hyat Khan
Northwest Frontier Province Khan Abdul Ghaffar Khan, Sardar Bahadur Khan, Sardar Asad Ullah Jan Khan
Sindh Abdus Sattar Abdur Rahman, Muhammad Hashim Gazdar, Muhammad Ayoob Khuhro
Balochistan Nawab Mohammad Khan Jogezai

Pakistan's Constituent Assembly first convened on August 10, 1947, on the eve of independence and the end of British rule.[3] Muhammad Ali Jinnah was elected as the president of the Constituent Assembly of Pakistan on the same day and remained its president until his death on September 11, 1948.[3] Subsequently, Liaquat Ali Khan headed it for three years and produced the Objectives Resolution, which was adopted by the Constituent Assembly on March 12, 1949, as an annex to Pakistan's constitution.[4] It is important to mention that 21 members out of 69 voted for the Objectives Resolution.[5] The assembly had a majority of Muslim League members, with the Pakistan National Congress, the successor to the INC in the state, forming the second largest party, solely representing Hindus.

Quaid-e-Azam replying to the Address by Lord Mountbatten in Constituent Assembly on 14 August 1947.

The assembly was widely criticised for its incompetence. Addressing a rally in Lahore on October 14, 1950, Syed Abul Ala Maududi, leader of the Jamaat e Islami demanded its dissolution, arguing that the "lampost legislators" were incapable of drawing up an Islamic constitution.[citation needed] Huseyn Shaheed Suhrawardy said that assembly did not possess any of the characteristics of a democratic parliament.[citation needed] He argued that the nation would overlook any unconstitutional action on the governor general's part if he exorcised the fascist demon and established representative institutions.[6] The Constituent Assembly of Pakistan was dissolved on October 24, 1954, by Governor General Malik Ghulam Muhammad.[7] The dissolution was challenged by the president of the assembly in the notable case of Federation of Pakistan v. Maulvi Tamizuddin Khan, in which the federal court took the side of the governor general, in spite of dissent from one judge. Mohammad Ali Bogra was the Prime Minister of Pakistan at the time.[3]

Second Session

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The second Constituent Assembly was elected in the Second Constituent Assembly election on June 21, 1955.

The members of the 2nd constituent assembly were[8]

Province Members
East Bengal Abdul Aleem, Abdul Karim, Muhammad Abdul Khaleque, Abdul Wahab Khan, Abdul Rahman Khan, Abdus Sattar, Abdul Mansur Ahmad, Adeluddin Ahmad, Ataur Rahman Khan, Athar Ali, Gour Chandra Bala, Canteswar Barman, Abdul Latif Biswas, Hamidul Huq Choudhury, Nurul Huq Choudhury, Yusuf Ali Chowdhury, Akshay Kumar Das, Basanta Kumar Das, A.H. Deldar Ahmed, Bhupendra Kumar Datta, Kamini Kumar Dutta, Farid Ahmad, A. K. Fazlul Huq, Sardar Fazlul Karim, Fazlur Rahman, Peter Paul Gomez, Lutfur Rahman Khan, Mahfuzul Huq, Mahmud Ali, Rasa Raj Mandal, Misbahuddin Hussain, Mohammad Ali Bogra, Moslem Ali Molla, Sheikh Mujibur Rahman, Muzaffar Ahmed, Nurur Rahman, Sailendra Kumar Sen, Hussain Shaheed Suhrawardy, Abdur Rashid Tarkabagish, Sheikh Zahiruddin
West Punjab Mian Abdul Bari Arain, Abdul Hamid Khan Soofi, Syed Abid Hussain Shah, Syed Amjad Ali, Sardar Amir Azam Khan, Malik Amir Mohammad Khan, Chaudhuri Aziz Din, Chaudhury Muhammad Hussain Chatha, I.I. Chundrigar, Chaudhury Abdul Hamid Khan Dasti, Mian Mumtaz Muhammad Khan Daultana, Chaudhury Abdul Ghani Ghuman, Cecil Edward Gibbon, Mushtaq Ahmad Gurmani, Syed Alamdar Hussain Shah Gilani, Iftikhar Hussain Khan, Mozaffar Ali Khan Qizilbash, Mian Iftikharuddin, Mir Balak Sher Mazari, Syed Mohyuddin Lal Badshah, Malik Feroz Khan Noon
Bahawalpur state Ahmad Nawaz Shah Gardezi, Mian Abdus Salam
North West Frontier Province Sardar Abdur Rashid Khan, Mian Jaffer Shah, Khan Mohammad Jalaluddin Khan, M. R. Kayani
Frontier States Miangul Jahan Zeb
Federally Administered Tribal Areas Malik Jehangir Khan Madda Khel Wazir, Malik Waris Khan Mardinkhel Afridi, Khan Bahadur Haji Malik Mehrdil Khan Muhsud
Sindh Ali Muhammad Rashidi, Haji Moula Baksh Soomro, M.A. Khuhro, Siroomal Kirpaldas, Mir Ghulam Ali Khan Talpur
Khairpur (princely state) Mumtaz Hasan Kizilbash
Balochistan Khan Abdul Jabbar Khan
Baluchistan States Union Nawab Mir Baian Khan Gichki
Federal Capital Territory Yusuf Haroon

The Muslim League continued to be the largest party in this assembly, whereas the Krishak Sramik Party led United Front replaced the Pakistan National Congress as the main opposition group. The constitution was promulgated on March 23, 1956,[citation needed] making Pakistan an Islamic republic.[1] On October 7, 1958, martial law was imposed on the country by Iskander Mirza, with army chief Ayub Khan appointed as the chief martial law administrator.[9] The new leaders abrogated the constitution, declaring it unworkable.[9]

After coming to power, Zulfikar Ali Bhutto invited the leaders of the parliamentary parties to meet him on October 17, 1972, which led to an agreement known as the 'constitutional accord', which was reached after intensive talks.[10] As per consultations floated by the PPP, the National Assembly of Pakistan appointed a 25-member committee led by Mahmud Ali Kasuri on April 17, 1972, to prepare a draft of a permanent constitution for Pakistan.[11] On October 20, 1972, the draft bill for the constitution was signed by leaders of all parliamentary groups in the National Assembly. A bill to provide a constitution for the Islamic Republic of Pakistan was introduced in the assembly on February 2, 1973. The assembly passed the bill nearly unanimously on April 10, 1973, and it was endorsed by the acting President Bhutto on April 12, 1973.[12][7] The constitution came into effect on August 14, 1973.[7] On the same day, Bhutto took over as the prime minister and Choudhary Fazal-e-Elahi as the president, both for a 5-year term.[13]

On July 5, 1977, General Zia staged a military coup, suspended the constitution (which was later restored in 1985), and declared martial law.[14] Similarly, when General Musharraf took over in 1999, the constitution was suspended for several years and the parliament was dissolved.[15]

See also

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References

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Notes

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Revisions and contributorsEdit on WikipediaRead on Wikipedia
from Grokipedia
The of Pakistan was the interim legislative body established on 10 August 1947 in under the , tasked with drafting the country's constitution and functioning as its provisional parliament until constitutional completion. It inherited 69 members from the Muslim seats in the pre-partition Indian elected in 1946, predominantly from the . On 11 August 1947, was unanimously elected as its president, delivering a seminal address emphasizing democratic governance, religious freedom, and equal citizenship irrespective of faith. The assembly's tenure was marked by significant milestones, including the adoption of the Objective Resolution on 12 March 1949, which declared that sovereignty over the universe belongs to and outlined principles for an Islamic democratic framework, serving as a to subsequent constitutions. It also enacted key on provisional constitutional orders and basic principles committees' reports, though persistent delays arose from disputes over parity in representation between populous and , federal-provincial power distribution, and language policies. Political instability culminated in its controversial dissolution on 24 October 1954 by Ghulam Muhammad, who cited loss of confidence amid economic challenges and alleged assembly incompetence, sparking a resolved by the Federal Court's validation of emergency powers but partial restoration of legislative functions. A second , formed in May 1955, overcame these hurdles to adopt Pakistan's first on 29 February 1956, promulgated on 23 March 1956, which established a parliamentary with a unicameral and declared the state as the of . This document endured until its abrogation in 1958, highlighting the assembly's role in navigating foundational tensions that foreshadowed recurring instability in 's constitutional evolution.

Historical Context

Partition of India and Formation Imperative

The Partition of India, formalized by the Indian Independence Act passed by the British Parliament on July 18, 1947, divided British India into two dominions: Pakistan on August 14, 1947, comprising Muslim-majority regions in the northwest and east, and India on August 15, 1947. This separation stemmed from the two-nation theory, which held that Hindus and Muslims constituted distinct nations with irreconcilable differences, necessitating separate states to safeguard Muslim political and cultural autonomy amid fears of Hindu-majority dominance. The theory underpinned the All-India Muslim League's demand, crystallized in the Lahore Resolution of March 23, 1940, calling for autonomous Muslim-majority units as a prelude to independence. Post-partition, Pakistan inherited no pre-existing constitution, relying temporarily on the Government of India Act 1935 as adapted by the Independence Act, which proved insufficient for defining a permanent federal and Islamic-oriented governance structure across its geographically separated wings—East Pakistan (Bengal) and West Pakistan (Punjab, Sindh, North-West Frontier Province, and Baluchistan). The creation of a Constituent Assembly became imperative to exercise sovereign legislative authority, enact a tailored constitution, and transition from dominion status to a republic, addressing the causal void in institutional legitimacy and representation for Pakistan's 75 million Muslims. The Assembly's formation drew from the 1946 elections under the Cabinet Mission Plan, where 69 Muslim League-nominated members from Pakistan-designated territories of the undivided Indian Constituent Assembly reconvened as Pakistan's body, later augmented to 79 to incorporate princely states and interests. This composition enabled it to fulfill dual mandates: drafting a constitution incorporating principles of sovereignty belonging to and democratic , while serving as interim to legislate on urgent post-partition challenges like rehabilitation and provincial . Without such an assembly, Pakistan risked prolonged colonial-era , undermining its rationale rooted in .

Indian Independence Act Provisions

The , enacted by the on July 18, 1947, and coming into force on August 15, 1947, legally partitioned British into the dominions of and , thereby providing the foundational authority for Pakistan's Constituent Assembly. Section 1 of the Act explicitly created these two dominions, with comprising the Muslim-majority provinces of , , , (subject to ), and Baluchistan, along with potential accession of princely states. This territorial delineation directly informed the Assembly's representative base, as its members were drawn from elected representatives of these areas, originally selected through indirect elections by provincial assemblies during the 1946 central legislature polls under the Government of India Act 1935. Section 8 constituted the core provision empowering the as the interim sovereign legislature. It stipulated that "the powers of the Legislature of each Dominion for the purpose of making provision as to the of the Dominion shall for the time being be exercisable by the of the Dominion," effectively transforming the Assembly into the Dominion's legislative authority until a permanent constitution was enacted. This included full legislative competence to enact laws with extraterritorial effect, repeal or amend prior British statutes applicable to , and even impose future limitations on its own powers, as reinforced by Section 6. The , initially , was authorized to summon the Assembly, which first convened on August 10, 1947, in with 69 members representing the specified territories. Governance in the interim was to adhere "as nearly as may be" to the , with adaptations ordered by the to suit the Dominion's structure, until the Assembly legislated alternatives. Section 19(3) clarified the Assembly's composition for as that "set up under the authority of the ," distinguishing it from India's pre-existing body and allowing for adjustments due to territorial s, such as in the where a July 1947 favored inclusion in . These provisions vested the Assembly with dual roles: drafting a constitution and exercising legislative oversight, without interference from the British Crown, as the Act simultaneously terminated UK legislative authority over the Dominions and ended paramountcy over princely states, leaving their accession to the Assembly's purview.

Establishment and Structure

Initial Composition and Election Process

The First Constituent Assembly of Pakistan was formed through an process rooted in the provincial legislative assemblies elected during the . These elections, conducted between January and March 1946 under the , established the provincial bodies that subsequently selected members for the Constituent Assembly of undivided in July 1946. Following partition on August 14, 1947, the Muslim representatives whose constituencies lay within Pakistan's territories—primarily from Muslim-reserved seats dominated by the —constituted Pakistan's assembly, inheriting legitimacy from the pre-independence electoral mandate without fresh polls. The assembly's initial composition totaled 69 members, all initially affiliated with the Muslim League due to the party's near-total sweep of Muslim seats in the 1946 provincial elections, which validated the League's claim to represent Muslim interests in the demand for Pakistan. Representation reflected provincial demographics post-partition: East Bengal (including the Sylhet district allocated to Pakistan) provided 44 members, Punjab 23 (adjusted for the divided province), Sindh 4, North-West Frontier Province 3, and the balance from Balochistan, tribal areas, and frontier regions. This structure emphasized East Pakistan's numerical predominance, aligning with its larger Muslim population, though practical governance challenges arose from geographic separation and internal provincial dynamics. Membership later expanded to 79 by incorporating additional seats for Muslim refugees from and representatives from acceding princely states like , addressing partition-induced displacements and incomplete territorial integration. Among the initial members was one woman, Begum Jahan Ara Shahnawaz from , highlighting limited gender representation in the body's early phase. The absence of direct popular election underscored the assembly's transitional nature, prioritizing constitutional framing over broad enfranchisement amid post-partition instability.

Leadership and Organizational Setup

Muhammad Ali Jinnah was unanimously elected as the President of the first of Pakistan on 11 August 1947, two days before , and held the position until his death on 11 September 1948. In this role, Jinnah presided over the Assembly's inaugural sessions and delivered an address emphasizing democratic principles, , and as foundational to the new state's governance. Following Jinnah's death, , a representative from , was elected President on 14 December 1948, a position he retained until the Assembly's dissolution on 24 October 1954. Khan oversaw proceedings amid escalating internal debates on constitutional structure, including East-West power imbalances, while maintaining procedural continuity despite political tensions. The Assembly's organizational framework centered on the President as the chief presiding officer, who chaired debates and managed agenda-setting without a separate Speaker role during this period. To facilitate its mandate, the body established ad hoc committees for specialized tasks; notably, the , formed in March 1949 and chaired by , was tasked with outlining core constitutional elements like Islamic provisions and federal division of powers. Additional panels addressed , tribal areas, and minority safeguards, enabling parallel deliberation on complex issues while the full Assembly focused on plenary sessions. This committee-based structure reflected pragmatic adaptation to the Assembly's dual legislative and constitution-making functions under resource constraints.

Mandate and Functions

Constitutional Framing Responsibilities

The Constituent Assembly of Pakistan was vested with the sovereign authority to frame a for the dominion, as stipulated in Section 8 of the , which granted the assembly plenary powers to enact a foundational legal framework superseding the adapted Government of India Act 1935. This mandate derived from the assembly's composition as the elected representatives of Pakistani Muslims from the 1946 provincial elections, tasked with translating the ideological vision of a separate homeland into institutional structures. The process required reconciling diverse demands, including to accommodate East and West Pakistan's disparities, integration of Islamic principles, and delineation of powers among executive, legislative, and judicial branches. A cornerstone of these responsibilities was the adoption of the on March 12, 1949, moved by , which resolved that the would affirm Allah's sovereignty while enabling Muslims to live according to Islamic teachings and guaranteeing minorities' democratic rights, , and equal citizenship. This document, debated from March 7 to 12, 1949, served as the guiding preamble for subsequent drafting, embedding principles of representative government, , and provincial autonomy, though it faced criticism from non-Muslims for prioritizing religious identity over secular equality. The assembly's duties extended to forming specialized committees, such as the in 1949, to formulate draft articles on governance models, , and directive principles, aiming for a document that balanced unitary impulses with federal necessities amid linguistic and regional tensions. Framing responsibilities also involved interim adaptations, including the modification of colonial laws to suit 's context, such as the Pakistan (Adaptation of Existing Indian Laws) Order 1947, while prioritizing a permanent that addressed rehabilitation, economic redistribution, and defense imperatives post-partition. Delays arose from irreconcilable debates over language ( vs. Bengali), representation parity between wings, and the extent of Islamic provisions, reflecting the assembly's challenge in forging consensus without external precedents. Ultimately, these efforts culminated in incomplete drafts by 1954, underscoring the assembly's role not merely as drafters but as arbiters of , though constrained by political fragmentation.

Interim Legislative and Executive Oversight Roles

The Constituent Assembly of Pakistan assumed the role of interim federal legislature immediately upon its formation, as mandated by the , which empowered it to exercise plenary legislative authority over the Dominion's territories until a permanent was enacted. This authority derived from the Act's provisions adapting the pre-existing central legislative framework, allowing the Assembly to enact laws on federal subjects, including defense, foreign affairs, currency, and trade, while operating under the modified as the interim constitutional order. Its first session convened on 10 August 1947 in , where it began discharging these duties alongside its constitutional drafting mandate. In its legislative capacity, the Assembly passed key measures to stabilize the new state, such as adaptations to colonial laws for administrative continuity and fiscal policies to address post-partition economic challenges, including budget approvals for 1948–1949 onward. It also enacted the on 12 March 1949, which outlined foundational principles for the future but functioned as a legislative affirmation of Islamic and democratic ideals, influencing subsequent governance. These powers extended to concurrent and residual matters not explicitly provincial, enabling the Assembly to legislate on emergencies like refugee rehabilitation and amid the 1947–1948 Indo-Pakistani War, thereby filling the void left by partition. Regarding executive oversight, provided parliamentary in a system modeled on , where the Governor-General held formal executive authority under Section 51 of the adapted 1935 Act but acted on the advice of a Cabinet headed by the , whose members were selected from and answerable to the Assembly. This oversight manifested through mechanisms like ministerial statements, question hours, adjournment motions, and debates scrutinizing executive policies, as evidenced in sessions addressing administrative lapses and financial expenditures. The Assembly's control extended to budgetary approval, requiring executive proposals for revenues and expenditures to secure legislative consent, and it could theoretically withhold confidence from the government, though such motions were rare amid dominant party control by the Muslim League until internal fractures emerged post-1951. In practice, this framework aimed to subordinate executive actions to legislative will, though tensions arose when the Governor-General, as in the 1954 dissolution, invoked discretionary powers under the 1935 Act, highlighting limits to Assembly oversight absent a finalized .

Proceedings of the First Assembly (1947–1954)

Opening Sessions and Early Deliberations

The first session of the Constituent Assembly of Pakistan convened on 10 August 1947 at the Sindh Assembly Building in , with elected as temporary chairman. On 11 August 1947, was unanimously elected as the Assembly's president, and he delivered a presidential address emphasizing democratic governance, equality of all citizens irrespective of religion, and the separation of religion from state affairs, stating that "religion, faith or belief" should remain a private matter with no interference from the government. The Assembly also formally approved the on that day. On 12 August 1947, the Assembly passed a resolution conferring the title "Quaid-i-Azam" on Jinnah and appointed a on of Citizens and Minorities to examine protections for individuals and groups. The transfer of power from British authorities occurred on 14 August 1947, during which Lord Mountbatten addressed the Assembly, and Jinnah reiterated principles for the new state's administration. Jinnah was sworn in as the first on 15 August 1947. In its early deliberations through 1947 and into 1948, the Assembly operated under the framework of the , adopting provisional rules of procedure initially drawn from prior Indian legislative practices. It functioned dually as a constituent body for drafting the and as an interim federal legislature, addressing urgent post-partition matters such as refugee rehabilitation, administrative reorganization, and disputes with over assets and territories, while laying groundwork through committee formations for constitutional principles. These sessions prioritized organizational setup amid national crises, delaying in-depth constitutional debates.

Adoption of the Objectives Resolution

The Objectives Resolution was formally introduced in the Constituent Assembly of Pakistan by on March 7, 1949, as a foundational document outlining the principles for the country's future . The resolution asserted that sovereignty over the universe belongs to alone, with the state exercising authority as a sacred trust delegated to the people through democratic processes, while emphasizing Islamic democratic ideals, , and minority protections. Khan, in his introductory speech, stressed that the document aimed to enable Muslims to live according to Islamic teachings and ensure equality, tolerance, and social justice for all citizens, framing it as a balance between religious principles and modern governance. Debates on the resolution spanned from March 7 to March 11, 1949, involving intense discussions among assembly members, particularly over clauses invoking divine sovereignty, which some viewed as potentially undermining parliamentary and secular elements in . Minority representatives, including non-, raised objections, arguing that phrases like "the Muslims shall be enabled to order their lives in the individual and collective spheres in accord with the teachings and requirements of " could marginalize non-Muslims and prioritize over equal citizenship. Khan responded by assuring minorities that the resolution guaranteed their and freedoms, including religious liberty, and that no law would contradict these protections once the was framed accordingly. Proponents, led by Khan, countered criticisms by highlighting the resolution's commitment to , , and , positioning it as essential for reflecting Pakistan's identity as a state created for while upholding universal . Despite the opposition, primarily from a minority of non-Muslim members who proposed amendments to secularize the language (all of which were rejected), the resolution was adopted by the on March 12, 1949, marking a pivotal early consensus on embedding Islamic principles within a democratic framework. The , following five days of deliberation, served as a to subsequent constitutional efforts, influencing the 1956, 1962, and 1973 constitutions by mandating that future laws align with Quranic and injunctions where applicable to Muslims. This event underscored tensions in the assembly between modernist and traditionalist factions, with the resolution's passage reflecting the dominant Muslim League perspective that prioritized religious ideology as a unifying force amid post-partition challenges.

Drafting Efforts and Key Debates

The Constituent Assembly established the in March 1949, chaired by , to outline fundamental constitutional principles following the adoption of the . The committee submitted its interim report on September 7, 1950, proposing a framework that emphasized Islamic principles, parity in representation between East and West Pakistan despite the former's population majority, a unicameral , and as the state language. This report faced immediate criticism from East Pakistani members and opposition parties, who argued it entrenched West Pakistani dominance by granting equal seats to both wings in the (75 each) and positioning the head of state from the western wing, thereby undermining population-based equity. In response to the backlash, the committee issued a revised report on December 22, 1952, incorporating changes such as requiring the to be Muslim and allowing provincial parliaments to legislate on certain matters, but retaining parity representation and failing to resolve core imbalances. Debates intensified over , with East Pakistani leaders like advocating for stronger provincial autonomy to counter centralizing tendencies favored by West Pakistani elites, who prioritized national unity amid security threats from . On the role of Islam, assembly members clashed on implementation: conservative factions, including Maulana , pushed for explicit Quranic sovereignty and Sharia-based laws, while secular-leaning voices like emphasized democratic flexibility without rigid , reflecting Jinnah's earlier vision of a modern Muslim state. Language policy emerged as a flashpoint, with West Pakistani proponents insisting on as the sole national language to foster unity, prompting vehement protests in where Bengali speakers, comprising the majority, demanded recognition of their tongue, leading to riots in on February 21, 1952, later commemorated as . Representation disputes exacerbated regional tensions, as 's 56% population share contrasted with the proposed equal weighting, fueling accusations of algorithmic inequity that prioritized geopolitical control over democratic proportionality. These unresolved debates, compounded by ministerial instability after Liaquat's in 1951, stalled substantive drafting, with no full emerging by 1954 despite multiple sub-committee efforts on and executive structures.

Internal Conflicts and Stalemates

The , formed in August 1949 to draft foundational constitutional principles, became a focal point of internal discord after presenting its first interim report on 28 September under . The report outlined a federal framework incorporating the , designated as the state language, and implied a Muslim head of state, but it deferred key issues like provincial representation. East Pakistani members criticized it for failing to address Bengali's status or population-based seats, reflecting East Pakistan's 56% share of the total populace yet equal assembly seats with under the 1947 partition scheme; the assembly indefinitely postponed adoption, initiating a pattern of deferral amid regional tensions. Following Liaquat's assassination on 16 October 1951 and the ascension of as , the committee's second interim report on 22 December 1952 exacerbated divisions by proposing strict parity—200 seats each for East and in the —alongside as the and enhanced Islamic directives, including a Muslim president with powers. East Pakistan's delegation, led by figures like Hussain Shaheed Suhrawardy and , rejected parity as a dilution of their demographic majority and language policy as cultural imposition, sparking protests in Dacca and the rise of opposition coalitions like the ; West Pakistani elites, particularly , countered that parity prevented Bengali dominance over fragmented western provinces. These clashes stalled proceedings, as the report's Islamic emphases also drew fire from secular voices for potentially undermining minority protections and Jinnah's egalitarian pledges. Assembly debates, notably on 24 October 1953, underscored the impasse: invoked a Dacca rally of 300,000 condemning the report for denying zonal , Bengali recognition, and equitable treatment of East Bengal's 45 million residents alongside smaller units like Baluchistan. Opponents like Sris Chandra Chattopadhyaya assailed mandates for a Muslim and separate electorates as antithetical to joint and equal , while proponents such as Zaheeruddin Chowdhury defended Islamic as Pakistan's raison d'être; disputes over federal overreach, service quotas, and the Board of Ta'limat-i-Islamia's unelected influence further fragmented consensus, with sessions adjourning amid unresolved historical grievances on representation legitimacy. Prime Minister Muhammad Ali Bogra's formula, unveiled on 7 October 1953, sought to mediate by advocating a bicameral system—population-proportional (East Pakistan gaining 165 of 300 seats) and parity-based (10 seats per province, totaling 40)—while reorganizing into fewer units for balance. Though preliminarily endorsed, it faltered against persistent rifts on (Bengali's exclusion persisting), executive powers, and the interplay of Islamic with parliamentary , as East-West mistrust and ideological polarization precluded a viable draft; by mid-1954, seven years post-independence, the assembly's failure to resolve these core conflicts rendered constitution-framing untenable.

Dissolution Crisis

Precipitating Factors and Governor General's Action

The first Constituent Assembly, convened in 1947, failed to enact a constitution after seven years of deliberations, primarily due to irreconcilable disputes over federal representation, with East Pakistan demanding parity based on its population majority while West Pakistan sought safeguards for provincial autonomy and administrative dominance. These stalemates were exacerbated by linguistic tensions, such as the 1952 imposition of Urdu as the sole national language, sparking protests in Bengali-majority East Pakistan, and broader economic instability including food shortages and the 1953 anti-Ahmadiyya riots in Punjab that undermined public order. Political fragmentation within the Muslim League further hindered progress, as factional rivalries delayed basic reports like the Basic Principles Committee drafts in 1950 and 1952, which proposed Islamic provisions unacceptable to secular-leaning members and unequal representation formulas rejected by East Pakistani delegates. Tensions escalated in April 1953 when Ghulam Muhammad dismissed Prime Minister amid accusations of administrative failure during the riots, invoking discretionary powers under the Act 1935, a move that exposed 's limited checks on executive authority. In response, , asserting its legislative role, passed amendments in September 1954 to the 1935 Act, requiring the Governor-General to act on ministerial advice and stripping his unilateral power to dissolve ministries without a no-confidence vote, thereby challenging the viceregal system's entrenched prerogatives. On October 24, 1954, Governor-General Ghulam Muhammad proclaimed a and dissolved the , arguing in the official decree that it had "ceased to function" and "lost the confidence of the people," rendering it incapable of fulfilling its constitutional mandate. He justified the action as necessary to restore effective governance amid the breakdown of constitutional machinery, retaining Muhammad Ali Bogra in office but directing him to form a new cabinet with non-assembly members, effectively sidelining the dissolved body's legislative functions. This dissolution, enacted without prior assembly approval, marked a direct executive override, prioritizing bureaucratic stability over parliamentary process.

Judicial Review and Aftermath

Following the dissolution of the First Constituent Assembly on October 24, 1954, by Ghulam Muhammad via proclamation, , the assembly's president, challenged the action as unconstitutional through a writ petition in the Chief Court of . On February 9, 1955, the Sindh Chief Court ruled in Khan's favor by a 3-2 majority, declaring the dissolution invalid on the grounds that Section 10 of the Indian Independence Act of 1947 did not require the Governor-General's assent for summoning the assembly, and thus he lacked unilateral power to dissolve it without the assembly's own resolution or advice. The federal government immediately appealed to the Federal Court of Pakistan, which heard the case as Federation of Pakistan v. (PLD 1955 FC 240). On March 21, 1955, the Federal Court reversed the ruling by a 4-1 majority, upholding the dissolution; Chief Justice Muhammad Munir's judgment invoked the "," arguing that the Governor-General's action was justified to avert a constitutional deadlock and preserve state functions, as the assembly had allegedly lost representative character and failed to frame a constitution in seven years. Justice A.R. Cornelius dissented, contending that the court could not validate extra-constitutional acts without undermining the . The Federal Court's validation legitimized the Governor-General's emergency powers under Section 92A of the , enabling him to form a new cabinet under Chaudhry Muhammad Ali in 1955 and pursue administrative reforms like the to consolidate West Pakistan's provinces. This decision entrenched executive dominance over legislative processes, bypassing direct elections for a successor body and prompting indirect nominations to a Second from provincial assemblies in June 1955, which expedited the 1956 Constitution's adoption but perpetuated instability. Critics, including legal scholars, later viewed the as a for judicial acquiescence to authoritarian measures, influencing validations of subsequent martial laws in cases like State v. Dosso (1958), though it was formally abandoned in 1973.

Second Constituent Assembly (1955–1956)

Reconstitution and Composition Changes

The reconstitution of the followed the dissolution of its predecessor on October 24, 1954, by , a decision later upheld by the Federal Court of Pakistan in its ruling on the reference case, thereby enabling the formation of a successor body without direct popular elections. On April 15, 1955, the issued an order establishing a 60-member interim scheduled to convene on May 10, 1955, in , as a transitional measure to address the constitutional vacuum while provincial legislatures prepared for elections. This was formalized on May 28, 1955, through 's Order No. 12, which designated the provincial assemblies as the for selecting members, prioritizing indirect representation to expedite the process amid political instability. Elections for the full Second Constituent Assembly occurred on June 21, 1955, via within the provincial assemblies, marking a departure from the first assembly's origins in the all-India elections adapted post-partition. The assembly's total strength was set at 80 members, evenly divided with 40 seats for and 40 for to enforce parity between the eastern and western wings, despite 's exceeding that of by approximately 55% based on the 1951 census. Within , seats were apportioned as follows: 21 to , 5 to , 4 to the (NWFP), 1 to , 1 to the tribal areas, and the remainder accommodating representatives and adjustments, reflecting provincial disparities rather than strict proportionality. This composition differed markedly from the first assembly, which began with 69 members drawn from the Muslim League's 1946 electoral victories in undivided —44 from (later ), 23 from , and others—supplemented over time to about 75 through nominations for princely states and refugees, yielding a structure weighted toward initial partition demographics without formalized east-west parity. The second assembly's mechanism and balanced allocation aimed to mitigate 's numerical dominance but drew criticism for diluting direct democratic legitimacy and entrenching bureaucratic influence, as provincial assemblies themselves were not freshly elected. Party representation also shifted, with the Muslim League securing only a plurality rather than the first assembly's near-monopoly, as opposition groups like the in and regional parties in the west captured significant seats through provincial leverage.

Rapid Path to Constitution Adoption

The Second Constituent Assembly, reconstituted under Governor-General's Order No. 12 of 1955 and first convened on 7 July 1955, prioritized constitution drafting following the establishment of parity between East and West Pakistan via the enacted on 30 September 1955, which merged the western provinces into a single administrative entity. This resolution addressed a primary from the prior assembly, enabling Prime Minister Chaudhry Muhammad Ali to lead the preparation of a consolidated draft building on earlier proposals, including the fourth draft outlined by prior committees. The assembly's 300 members, evenly divided between the two wings post-One Unit, operated under implicit deadlines to avert further instability, with presenting the document as a pragmatic on federal structure, Islamic provisions, and parliamentary . The draft constitution was formally introduced in the assembly on 9 1956, marking the commencement of focused deliberations that emphasized efficiency over exhaustive revision. Unlike the first assembly's decade-long stalemates, proceedings advanced rapidly through structured debates on core clauses, with concessions made to reconcile regional demands—such as East Pakistan's insistence on parity and West Pakistan's federal safeguards—facilitated by Ali's negotiations and executive oversight from Iskander Mirza. The assembly passed the constitution unanimously on 29 February 1956, after roughly seven weeks of review, reflecting a deliberate driven by the need to legitimize republican and mitigate mounting political and economic pressures. Mirza provided assent on 2 March 1956, and the document entered force on 23 March 1956, transforming into an with a unicameral and a president as ceremonial . This expedited adoption, while achieving a foundational after nine years of , has been critiqued for limited public input and reliance on elite consensus, though it stabilized interim arrangements by validating laws retroactively via the 1955 Validation Act passed early in the assembly's tenure.

Controversies and Criticisms

Representation Imbalances and Provincial Disparities

The first Constituent Assembly of Pakistan, convened in 1947, consisted of 69 members indirectly elected through provincial legislative assemblies based on the 1946 elections, with allocations reflecting the Muslim seats won primarily by the Muslim League: 44 from , 22 from , 5 from , 3 from the (NWFP), and 1 each from Baluchistan and the tribal areas. This distribution provided , which comprised approximately 56% of Pakistan's population per historical estimates, with a numerical majority of seats (about 64%), yet smaller provinces received disproportionately few representatives relative to their geographic size and strategic interests. Baluchistan's single seat, for instance, underscored its marginalization despite controlling vast territory and resources, fueling early demands for greater provincial equity in federal decision-making. Provincial disparities manifested in stalled constitutional debates, as representatives from smaller units like and NWFP expressed concerns that population-based allocation favored and , potentially enabling a Punjab-centric center to overshadow peripheral regions. Critics, including emerging opposition groups, argued that the assembly's composition entrenched Muslim League dominance from the 1946 polls, which no longer mirrored post-partition political shifts, particularly in where support for the League eroded amid economic neglect and cultural impositions. The in , gaining traction by 1954, contended that the assembly's Eastern members failed to authentically represent Bengali interests, advocating for fresh elections to rectify this disconnect and address underrepresentation in executive and bureaucratic spheres. These imbalances contributed to broader federal tensions, evident in the Basic Principles Committee reports of 1950 and 1952, where proposals for in a clashed with demands from Western provinces for parity between East and West wings to counter East Bengal's demographic weight. Eastern leaders rejected such parity, viewing it as diluting their population-based influence, while smaller Western provinces feared absorption into a unitary structure without powers. The assembly's expansion to 79 members in to include princely states and refugees offered limited redress, as core provincial grievances persisted, exacerbating perceptions of a flawed federal bargain from inception.

Executive Overreach and Democratic Erosion

On October 24, 1954, Ghulam Muhammad issued a dissolving the first Constituent Assembly of Pakistan, citing its protracted failure to draft a after seven years, its evolution into an unrepresentative body due to the absence of general elections since , and recent amendments that curtailed his discretionary powers while he was traveling. The dissolution invoked adapted provisions from Section 223 of the , allowing the to act in emergencies, but critics argued this misrepresented the Assembly's sovereign status as both constituent authority and interim legislature under the , which did not explicitly grant dissolution powers over it. The action exemplified executive overreach, as Ghulam Muhammad, a non-elected civil servant appointed in 1951 amid health concerns including , unilaterally imposed emergency rule, dismissed Muhammad Ali Bogra's cabinet elements opposing him, and governed via ordinances without legislative oversight for months. This bypassed the Assembly's elected members, who represented provinces and had been tasked with foundational democratic framing, effectively prioritizing bureaucratic and central authority over representative processes stalled by East-West representational disputes. Legal challenges underscored the overreach: Maulvi Tamizuddin Khan, the Assembly's President, petitioned the Sindh Chief Court, which on February 28, 1955, declared the dissolution invalid, ruling that the Governor-General lacked authority to dissolve the sovereign Assembly and that its legislative acts as a constituent body required no viceregal assent. The Federation appealed to the Federal Court, which in its May 1955 judgment (PLD 1955 FC 240) dismissed the petition on jurisdictional grounds while invoking the "Doctrine of Necessity" to retroactively validate the dissolution, asserting that without it, governance would collapse—a pragmatic but constitutionally strained rationale that prioritized executive stability over strict legality. This episode eroded democratic norms by establishing a precedent for executive circumvention of elected bodies, enabling rule by proclamation until a second Assembly was convened in July 1955 via indirect selection rather than elections, which hastily adopted the 1956 Constitution under duress. The judiciary's acquiescence weakened institutional checks, fostering a pattern of central executive dominance that contributed to subsequent dismissals of assemblies and governments—such as in 1958 under President Iskander Mirza—culminating in martial law and long-term instability, as unelected officials repeatedly subordinated legislative sovereignty to administrative fiat.

Ideological Clashes on Islamic vs. Secular Elements

In his address to the on August 11, 1947, articulated a vision for as a where remained a private affair, stating that citizens' faith "has nothing to do with the business of the State" and emphasizing equal treatment regardless of , , or . This stance clashed with demands from religious scholars (ulema) and Islamist groups, who from early 1948 pressured the assembly to embed Islamic law () as the constitutional foundation, viewing 's creation as enabling an Islamic polity governed by the and . The pivotal confrontation emerged during debates on the , introduced by Liaquat Ali Khan on March 7, 1949, and passed on March 12, 1949, by a vote of 21 opposed out of 75 members present. Proponents, including Khan, argued it reconciled Islamic sovereignty—delegated by God to elected representatives—with democratic principles, ensuring Muslims could order life per Islamic tenets while safeguarding and rejecting priestly rule. Opponents, notably Hindu members Sris Chandra Chattopadhyaya and Prem Hari Barma, contended it deviated from Jinnah's secular framework, potentially subordinating human legislation to unverifiable divine interpretation, eroding democratic sovereignty, and imperiling non-Muslims by prioritizing Islamic ideology over universal equality. Subsequent clashes intensified through the Basic Principles Committee, formed in March 1949 to draft constitutional outlines, which consulted 31 ulema from various Islamic schools in 1950 to define an "Islamic State." The ulema's recommendations insisted on absolute divine sovereignty, mandatory conformity of laws to , and restrictions on non-Islamic practices, influencing the committee's 1950 and 1952 reports that proposed Islamic oversight mechanisms. Secular-leaning members and minority representatives resisted these as undemocratic, arguing they introduced clerical vetoes over legislation and contradicted the assembly's initial modernist ethos, leading to repeated revisions and delays in framing a full until 1956. These tensions reflected broader power dynamics, where post-Jinnah appeased Islamist pressures amid street protests—such as 1953 anti-Ahmadi agitation—to maintain stability, yet retained ambiguous provisions to avert outright . ![Jinnah addressing the Constituent Assembly][float-right]

Achievements and Legacy

Enactment of the 1956 Constitution

The Second , functioning as Pakistan's interim since its reconstitution in May 1955, introduced the draft constitution on January 9, 1956, following extensive deliberations on federal structure, provincial representation, and Islamic provisions. After debates and modifications, the Assembly unanimously adopted the constitution on February 29, 1956, marking the culmination of nine years of constitution-making efforts since . The document declared Pakistan an , established a with a unicameral , and outlined , directive principles, and emergency powers, reflecting compromises among diverse regional and ideological interests. Governor-General Iskander Mirza authenticated the constitution by signing the bill on March 2, 1956, formalizing its legal validity under the transitional framework. The constitution was promulgated and enforced on March 23, 1956, coinciding with , which transitioned the Constituent Assembly into the first and elevated Mirza to the presidency on March 5. This enactment resolved prolonged delays from the first assembly's dissolution in , providing a foundational legal order that emphasized while incorporating Islamic elements such as directives for aligned with Quranic principles. The 1956 Constitution's adoption represented a key achievement in institutionalizing democratic governance, though its brevity—lasting until abrogation in 1958—highlighted underlying tensions in executive-legislative balance and provincial autonomy. It set precedents for future charters by affirming and , influencing subsequent reforms despite criticisms of centralized authority.

Long-Term Influence on Governance and Institutions

The , adopted by the on March 12, 1949, articulated core principles of governance, including divine sovereignty, democratic representation within Islamic limits, and protections for , which formed the of the 1956 Constitution and were incorporated into the 1973 Constitution as its foundational ethos. This resolution's emphasis on an Islamic democratic framework influenced long-term institutional practices, such as the establishment of bodies like the in 1962 to ensure laws aligned with Quranic injunctions, a mechanism retained and expanded in subsequent constitutional iterations to guide legislative and judicial processes. Its legacy persists in ongoing tensions between secular administrative functions and religious oversight, evident in court rulings invoking Islamic principles for policy validation, though implementation has varied amid political instability. The assembly's protracted debates on federal structure, particularly the unresolved parity between East and West Pakistan, culminated in the of 1955, which merged 's provinces into a single unit to balance representation but entrenched central dominance and provincial discontent. This centralization precedent contributed to governance patterns of executive overreach, including the 1958 that abrogated the 1956 Constitution, and shaped federal-provincial relations in the 1973 framework by necessitating later devolutions like the 18th Amendment in 2010 to address autonomy demands. Institutionally, it reinforced a hybrid model where governors, appointed by the center, wielded discretionary powers, a feature that has perpetuated interventions in provincial administrations despite constitutional safeguards. Overall, the assembly's efforts embedded a with Islamic undertones into Pakistan's institutional DNA, yet its failure to deliver a timely fostered a cycle of instability, with nine years of deliberation enabling bureaucratic and military influences to eclipse elected bodies. This legacy manifests in the 1973 Constitution's retention of and joint electorates—debated but unresolved in —while highlighting causal links between delayed consensus and recurring authoritarian shifts, as seen in multiple coups that suspended democratic institutions until restorations. The enduring challenge lies in reconciling federal equity with unitary impulses, a dynamic that continues to strain governance efficacy amid ethnic and regional cleavages.

References

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