The Political System of Pakistan (A Constitutional Study) PhD Thesis Arshad Rizvi 5° Prof. Dr. Abuzar Wajidi Research Fellow Advisor ; Department of Social Sciences Dean, Hamdard. University Faculty of Arts, University of Katachi Karachi, WG) \ ce HAMDARD INSTITUTE OF EDUCATION & SOCIAL SCIENCES HAMDARD UNIVERSITY, KARACHI 2003CERTIFICATION This is to certify that the thesis under consideration is an original research study carried out by Arshad Rizvi (Enroiment No 5DS99) in fulfillment of the requirement for PhD. | have studied the document and am satisfied with the quality of the work.wv Chapter 1: Chapter?: Chapter 3 Chapter 4: Chapter 5 Chapter 6: Chapter 7: Chapter 8: Preface Research Design Introduction Pakistan: ‘A Legacy of Constitutional Strife” The Testament Of The Independence Movement ‘A Constitutional Study Incipient Constitutionalism (1947-1956) Constitutional Development & Political Consequences (1956-1958) Avub Khans’s Political Constitutionalism: 1958-1969 (The Story of Constitutional Megalomania) Bangladesh: Clash of constitutional and political disparity (1947-1969) Bhutto: the Dilemma of “Uncontrolled” Constitutional Democracy “Constitutional Marshal Law": Religio-Political Study Conclusion > Notes > BibliographyPREFACE Thave been going through an intellectual transformation since the ‘Time I joined Hamdered University as Ph.D. student. During this period, I have been e1 development activities such as conferences, Post-Graduate Diploma in Educational Research, iged in various professional teaching in various professional institutions, creative circles, besides serving on various commit- ties etc, Teaching at AKES, P and Hamdard University has provided me an opportunity to better understand the national history of Pakistan. It has resulted in change of perception about national history, as a result of events, based on certain historical and cultural foundations. ‘The question like "Why we do the thing the way, we do"? What is the relevance of nation- al history with reality where we live? How the economy, political situations, constitutional devel- ‘opment, history and other cultural aspects affect our lives. Are there other ways of understandings ..2ezthe problems? These questions have been intriguing my minds for long. My views about national history of Pakistan have changed considerably after attending classes of PGDER and Ph.D. at Hamdard University. Not only did this change my internal feel- ings but has helped me to formulate the global view with special reference to teaching, learning and research orientation, This has resulted into « research attitude towards the objective problems of history. Equipped with more flexibility about established historical beliefs I usually look for the his- torical murders in Pakistan Studies, which need a thorongh inquiry, based on rationality. This is quite engaging and it is pleasing to go into the depth to find out the truth. Sometimes, the distor- tion of historical facts is quite frustrating but it is very short-lived and ephemeral. Eventually you fee] better equipped to address such questions and consequently experience a sense of achieve- ‘ment. ‘At Hamdard University I got the opportunity to work with scholars like Dr. Ismail Saad, Dr. S. M. A. Saeed, Dr. Mohammad Ali Siddiqui and Dr. Jaffer Ahmed. They have rich diverse knowledge and experience, which is valuable and very fruitful for all those who are engaged in such kind of research-oriented classes. It is my pleasure to accept that working with these schol- ars changed my existing ideas by enabling me to see the problems in the light of rationality and prudence. It has helped me to develop an independent and critical outlook. Furthermore, the inter- action with schotars of such high repute has provided me an insight into what it means to be a pro- fessional researcher? I believe that it is not sufficient to be good at designing, implementing and cvaluating the teaching class but there are other aspects, like conducting research and communi- cating with educators that need to be taken seriously.After familiarizing myself of creative literature and having engaged in various professional activities, J feel a strong urge of developing an essential background in academic research as well ‘as writings in newspapers. This labour of time will help enhance my capabilities in taking up seri- ous research responsibilities in future. Tt will enable me to intespret future constitutional reforms and their impact on political fabric of Pakistan. ‘The factors behind the pros and cons of the con- stitutional development in the country will be better understood, Thave spent most of my time at Hamdard University and other institutions of learning in re- evaluating and re-interpreting my earlier political ideas. These institutions have provided me with an environment where the existing notions are challenged and the altemative ways are introduced in a supportive and congenial environment. Jn Pakistan where the political and economic crescendo got destroyed due to comupt and inefficient politicians, bureaucrats, Generals and economists, unscrupulous elements further viti- ated the environment, ‘They unsettled the settled problem (the constitution) with their wrong perception and scli- centred thinking. The political actors acted like clowns and developed such factors, which orches- trated the wrong ideas and disturbed the uneducated audience of this country. There is 2 need to thoroughly probe into these factors and develop rational understanding of constitutional develop- ment... ‘The question, mentioned above is very broad and is difficult to manage from the managea- bility and temporal perspective. However, Mr AbuZar Wajdi, Dean, Faculty of Arts, and University of Karachi carried the effort, which was earlier nurtured, monitored and sustained by different teachers at Hamdard University, forward to a logical conclusion. It was only through his guidance and initiative that the mere random thoughts could be arranged in an organised manner and presented in the form of this thesis, Towe many thanks to Mr. Abuzar Wajidi, Dean, Faculty of Arts, University of Karachi, for s tireless and patient reading of this thesis, His critical analysis also helped improve the text and brought it in line with the requirements of the topic.RESEARCH DESIGN The Political System of Pakistan: A Constitutional Study Introduction ‘The Constitution is a statement outlining the agreed basic principles of formal organisation ranging from national government to private clubs. It establishes the structure and purpose of the organisation and the rights of its citizens or members. Constitution may also be called articles of association or charters. In the Western political philosophy, the principles of constitutional government have often been based on the belief in a higher law or a body of universal principles of right and justice that is superior to detailed, every day laws. In modern democracies, the Constitution holds supreme and every one including the rulers come under the law. The Importance of the Constitution A country's constitution is fundamentally a regulatory interface between the peoples and their government, ensuring stability, social justice and the welfare of the state. A constitution of the country requires instruments like the citizens, the judiciary, and the government functionaries to conform to its mandate. If the constitutional instraments are not attached with emotions and respect, the country may indulge in a social or political tension and civil war within the state. The Constitutional History of Pakistan ‘The history of constitution- making in Pakistan is also the history of constitution breaking and the dis-figuring democracy. Though the country was achieved strictly on the basis of the con- stitutional and democratic process of transfer of power but after few years it was unsettled by the sycophant power-seekers. They destroyed constitutional democracy and ruined the constitutional emotions and the process as well. Writing in the late 1950s Kieth Kallard, an American political scientist, opined, "no one is willing to die for the preservation of the constitution in Pakistan”.