Cabinet Mission Plan 1944

           

In 1945, Labour party came into power in Britain. Noticing the increasing political restlessness in India, the British Prime Minister, Lord Atlee sent a Cabinet Mission to India. This mission had two basic purposes:

The first purpose was to determine the constitutional status of India and the form of the government.

The second purpose was to bridge the gap between the Muslims and the Hindus and try to convince the Muslims to live in the United India. But the General Elections of 19454-46 proved that it was quite impossible. The commission consisted of three Ministers:

1. Sir. Stafford Cripps
2. Mr. A.V Alexander
3. Lord Pethick-Lawrence

Since all the members belonged to British Cabinet, it was called Cabinet Mission.

Talks with Different Political Leaders:

 The members of the Cabinet Mission held talks with different political leaders in the Sub-continent. They exchanged their views with Governers and Chief Ministers. They found the views of the Governer Generals too. Both major parties, Muslim League and Congress, had clear the viewpoints. Muslim League declared that the only solution to the issue was the partition of the Sub-continent and creation of Pakistan. On the other hand, Congress, on the basis of the single nation, strongly opposed any type of partition in the South Asia. It neglected the Two Nation Theory and denied the idea of Pakistan harshly.
A condition of tension prevailed in the talks because while sending the mission to India, The British Prime Minister made a statement in the Parliament that no minority would have the right to exercise the veto power and it will not be allowed to close the path of national development. Congress was much pleased with his statement but Quaid-e-Azam criticized it intensely. Quaid-e-Azam responded that Muslim League is striving for the protection of the rights of the Muslims and it want to resolve the constitutional issues on the basis of Two-Nation Theory. During the Dialogues with the mission, Quaid-e-Azam said: ”The Sub-continent neither a country nor it is the homeland of a single nation. The Muslims was a nation with the separate identity that has all the rights to decide the future of its own.”

Proposal of Cabinet Mission:

The members of the Cabinet Mission met the leader of all the political parties to find their point of views but they could not reach any result. On 16ty May 1946 the members of the Cabinet Mission announced a plan of their own. The silent features of the plan were under as:
Sub-continent, A Union:
The Sub-continent should be a union consisting of any provinces and several states. A federation should be formed. The Union should deal with the subjects of defense, foreign affairs, and communications. The Union should have the powers to raise the finances required for the above subjects. All subjects other than the union subjects shall be the rest with the provinces.
Formation of Provincials Groups:
The Provinces of India were to forms three groups:
Groups A: Hindus majority provinces of Madras, Bombay(Mumbai), U.P, C.P, Bihar, and Orissa.
Groups B: Muslim majority provinces like Punjab, North West Frontier Province (Khyber Pakhtunkhwa), Balochistan, and Sindh.
Group C: Bengal and Assam.
It should be a Union of new nature forming Central organization, provincials, Organization and Groups Organization. The power of Union and provinces were explained in the proposal of the Cabinet Mission but so far as the distribution of powers between the provincials and groups organization was concerned, it was said that these will be decided by the Provincials and Groups Organization themselves. The provinces and states will be given seats in the Central Legislature as well as in the Cabinet on the basis of their population. Keeping in view of a proportion of the population, each province will be given representation.

Election of the Central Legislature:

The members of the Provincial assemblies will elect the Central Legislature. The Central Legislature will frame the constitution for the whole of the country. After the Central Cabinet framed, all the three provincial groups will prepare their own constitutions.
Separation from Union:
If one or two provinces from the three groups of provinces decide to separate from the Union, they could do so but after ten years. This point granted the right to the Muslims majority areas of Group B and Group C to make Pakistan after ten years. Thus, the process of the partition will complete automatically.

Jinnah-Gandhi Talks 1944

                   

My heart was asking me to write you a letter. I can meet you when you wish. Don’t think me the enemy of Islam or the Muslims. I am not only the friend or servant of you but of the whole world. Don’t disappoint me.”

In the reply to this letter, Quaid-e-Azam proposed a meeting in Mumbai in the mid of August. However, the meeting started in September. It was decided in the meeting that instead of the verbal discussion, it is better to exchange letters so that the records of the viewpoints of both of the points may be preserved. In y=this very meeting, Gandhi said clearly that he represent nobody but himself. He said that he was not meeting with Quaid-e-Azam as representative of Congress. Quaid-e-Azam objected to it and stress that unless talks are not held between the representative of two nations, he could not hope to reach some positive results.

The talks started from the point of Pakistan resolution based on the Two-Nation Theory. During the talks, Gandhi refused to accept the Two-Nation Theory.

The proposal made by Gandhi:

After having dialogue and corresponding with Quaid-e-Azam, Gandhi said the although he was not supported the Two-Nation Theory, yet if Muslim League wanted to put Lahore resolution into practical form, this issue should be delayed. First, they should receive the freedom from the British collectively. Afterward, Congress and Muslim League may settle the issue of Pakistan mutually.

Reply of Quaid-e-Azam:

Quaid-e-Azam judged that the style adopted by Gandhi is nothing but cheating and hypocrisy and cunningness. He emphasized that the British must settle the issue of Pakistan before the freedom of India because Conge=res and Hindus could not be relied upon.

C.R Formula 1944:

When the British government crushed the “Quit India” movement launched by Gandhi forcefully and put Gandhi behind the parts, his movement died out. Now, Gandhi tried to weaken the Muslim League by trapping Quaid-e-Azam in z conspiracy. Gandhi used Chakravarti Raj Gopal Acharya and asked him to express the opinion about the partition of India. Chakravarti Raj Gopal Acharya was a leader of All India National Congress. He belonged to Madras. He was known to the public as Raja Gee. Chakravarti Raj Gopal Acharya and Gandhi finalized the formula in the March 1944.

This formula is known as “C.R Formula”. In the meantime correspondence between the Quaid-e-Azam and Gandhi, who was in the jail, continued. The formula was sent to the Quaid-e-Azam. Quaid-e-Azam was informed of the details of the formula on 8^th April 1944. The main points of this formula were as under:

1. This formula is the basis of an agreement between the Congress and Muslim League. Gandhi and Quaid-e-Azam will agree on it and they will try to approve it from their respective parties.
2. At the end of the war, a commission would be appointed to democratize the district having a Muslim population in an absolute majority and in those areas plebiscite would be conducted on basis of all would vote the inhabitants (including the Non-Muslim) where adult.
3. The league endorsed the Indian demand for the independence and cooperate with the Congress information of Provisional Interim Government for a transitional period.
4. All parties would be allowed to express their stance on the partition and their views before the plebiscite.
5. In the event of separation, a mutual agreement would be entered into for safeguarding essential matters such as defense, communication and commerce and for other essential services.
6. The transfer of population, if any would be absolutely on a voluntary basis.

Economic Deprivation of the Muslims in India

            

When the war of freedom (1857) was over, the Muslims were oppressed very badly. Although the Hindus supported the Muslims in the war, but they declared that the only Muslims were responsible for all their action in the war. Thus they acquitted themselves of any responsibility. The Muslims were the targets of the wrath of the British. So they suffered a lot and faced serious consequences.

British:

The British, dominant by prejudice enmity, dismissed all the Muslims from government jobs especially from the army and shut the doors of the employments to the Muslims. Despite having the required qualification for some jobs, the Muslims were deprived of it. On the other hand, the Hindus were offered jobs even if they have less qualification as compared to the Muslims.

Deprivation of the Muslims properties:

The Muslims deprived of their properties. Their properties were confiscated. Some Muslims landowner were turned out of their lands. Their properties and lands were allotted to the Non-Muslims. The Muslims became tenant cultivators instead of the owner of the land. Sir Syed Ahmad Khan has depicted this miserable condition of the Muslims in the following words:
"No calamity has descended from heaven that had not searched the house of the Muslims before it came down to the earth".

The monopoly of Hindus:

The business of the Muslims was ruined. In the order to get the support of the Hindus, the British gave them special business privileges. The Hindus established the monopoly in local trade. The Muslims trader suffered the economic crisis.

Industrial revolution:

As the result of industrial revolution in Britain, better and cheaper products were manufactured there. These products were imported to India. It resulted in the destruction of cottage industry which belonged to various nations of India including Muslims. The cottage industry collapsed because it would not compete with the modern industry.

The increase in unemployment:

The goods produced in Britain could be imported into India but Indian products were demanded neither in Britain nor in Europe.

Crisis of East Pakistan

           

• Surrounded by India from three sides.
• Three main rivers divide east Pakistan to three isolated regions.
• Area 143998 square KM.
• Smaller than all Pakistan provinces.
• Population 40 Million more than all other provinces combined.

                    Geographical Characteristics

1.Stretigic implications:

• The 6000 square KM deltaic region along the coast was impregnable to friends and foes alike.
• These water obstacles split defender into an isolated pocket and gave advancing enemy columns of secure flanks.

2.Communication:

• Only two ports with (IWT) facility i-e Khulna, Chittagong.
• Most of the movement (military, civil) across the rivers took place on streamers, country boats.
• Infrastructure was poor, roads were poor.
• Roads linking east India to Pakistan were settled.

3.Climate:

• The average rainfall of over 2500 mm.
• Majority military operations could take place only in winter.
• Hot and humid climate.
• Catches of full blast of monsoon.

                       India's Role in the crisis:

The government of India maintained throughout the crisis that the entire issue was an internal matter of Pakistan, to be settled through negotiations between the two parties involved the peoples of East Bengal and the government of Pakistan. Even the joint statement issued in October 1971, by Prime Minster Indra Gandhi took that position. 

                            Causes of Alienation    

1.Language issue:  

• Language riots result in the death of two students who became martyrs, Sheikh Mujeeb then an unknown entity take this issue and became a hero.
• A major issue which aligned the Bengalis from rest of the country was language, national authorities failed to analyze deep attachment of Bengalis with their mother language.

 2.Culture Difference:

Pakistan was a poly-ethnic country.

Bengalis came from different social stock their dree, diets, social customs different from rest.

Their love for dance and poetry brought them to close Bengali Hindus.

Zulfiqar Ali Bhutto was conscious about this culture division. He said,"Unity was not flowing from fountain head of a single nationality".

                             The roles of Bengalis

The government of India favored the view that the struggle in the east Bengal was supported be all Bengalis, Hindus and Muslims alike. Much the sane view was held by the national press in general. Of the Muslim press, a significant section held a rather curious view of the struggle, which shall be discussed a little letter. 

In Pakistan, the crisis was viewed, for most of the years, as merely a breakdown of law and order, caused by the Hindus of East Bengal, a minority of the Muslims supporters ofSheikh Mujeeb, and alleged the Indian infiltrators. It was expected that with the help of loyal Bengals and Non-Bengalis Muslims the army would soon have things property under control. Though both the news and victims of Bengalis mob violence reached Pakistan in insufficient numbers, surprisingly low-keys coverage was given to them.

In November 1971, at the time of the Eid-ul-Fitr, the three hundred and fifty odd members of the Bangladesh mission in Calcutta choose to say the Eid prayer themselves, instead of the joining of a local congregation, as a protest against what that they felt to be unsympathetic attitudes of the Indian Muslim. In response to this news, the Jamiat time of Delhi editorialized as follows:

"We wrote earlier, and we do not fear to write again, that whether it be the present tension between the India and Pakistan or the massacre of the bangles and on-Bengalis in the East Pakistan or influx of lakhs of homeless refugees, the responsibility foe everything lies squarely with the leaders of East Pakistan. One man can set a fire in the moment to an entire garden. We curse all traitors, be they in India or in Pakistan. Aman should concern himself with the welfare of the country where he lives, otherwise, he should leave it and go some other place"(3 December 1971).

                        

General Ayub Khan Era (1958-1969)

       

On October 7, 1958, President Iskander Mirza abrogated the constitution and declared the martial law in the country. This was the first of many military regimes to mar Pakistan's history. with this step, the constitution of  1956 was abrogated, ministries were dismissed, central and provisional assemblies were dissolved and political activities were banned. General Muhammad Ayub Khan, the then Commender-in-Cheif of the armed forces, became the Martial law administrator. The Parliamentary system in Pakistan came to end. Within the three, weeks assuming charge on October 27, 1958, Iskandar Mirza was ousted by General Ayub Khan who then declared himself President. This was actually welcomed in Pakistan since the nation had experienced a very unstable political climate since independence, General Ayub Khan gave himself the rank of Field Martial corruption had become so widespread within the national and civic system of administration that Ayub Khan was welcomed as a national hero by the peoples. Soon after coming to power, the new military government promised that they would carry out reforms in the entire government structure and would clean the administration of the rampant corruption. A thorough screening process of all government servants was conducted and service record was closely scrutinized. Public servants were tried for misconduct by tribunals consisting of the retired judges of the Supreme Court or High Court. If charges were an approved action such as dismissal or compulsory retirement of the public servants could take place. A public servant could also be disqualified from holding any public officer for 15 years. About 3000 officials were dismissed and many other were reduced in rank as a result of these measures The rest of government servants were provided with an incentive to work hard. Similarly, a law called the Elective Bodies Disqualified Order, properly known as E.B.D.O, was promulgated for the disqualification of the politicians. Under this law, a person could be a disqualified from being a member of any elective body until December 31, 1966. Under this harsh law, several politicians like Suharwardy and Qayyum Khan were disqualified. The E.B.D.O, particularly its application, severely criticized in him legal and political circles throughout
Pakistan After taking over, Ayub Khan focused on the long-standing questions of land reforms in West Pakistan. Ayub Khan also introduced a comprehensive scheme of local government, properly known as basic Democrises. This scheme was enforced through the basic Democrises order on October 27, 1959. Basic Democrises was a pyramidal plan enabling the peoples to directly elect to Local Council man they knew, who could, in turn, elect the upper tier of the administration. Altogether there were 80000 basic Democrises elected. To lend legitimacy to his rule, Ayub Kahn used the basic Democritus's an electoral college, holding a referendum to seek a mandate to continue in offices as President and to have the authority to frame the future constitution of Pakistan.

Constitution of Pakistan 1973

              

The Constitution is a set of laws/principles may be written or unwritten on which a country is acknowledged to be governed.
                                              OR
The Constitution is the set of law and principles that determine the nature, functions, and limits of the government and other institution.
The 1962 1constitution was abrogated with the resignation of the General Ayub Khan. A new constitution was approved on 14 August 1973 with the overwhelming majority of the office of the then Prime Minister Zulfiqar Ali Bhutto.
In Muslims states, particularly Pakistan, laws are derived from the constitution but the constitution is framed according to:

• Almighty Allah
• Prophet Muhammad(P.B.U.H)
• Holy Quran

The constitution of 1973 is noticeably different from the earlier constitution of 1956 and 1962. Its salient features are:

                    Characteristics of Constitution 1973

Written Constitution:

Written documents, very comprehensively and consists of twelve parts.

Objective resolution:

The principles and provisions set out in the Objectives Resolution have been made substantive part of the constitution with introductory that "Islam shall be state religion".

Islamic System:

The inclusion of Islamic provisions ensures an Islamic system in the country.

Rigid Constitution:

It is not easy to make amendments in it. The two-third majority of both the houses is required for this purpose.

Federal system:

A federal system was introduced with the central and provisional governments.

A form of Governments:

A parliamentary form of government was introduced.

Bicameral Legislature:

The Majlis-e-Shoora (Parliment) consists of two Houses named Senate (63 members) and National Assembly (200 members).

The method of Election:

The members of National Assembly, the provisionals assembly are directly elected by the peoples of Pakistan.

Fundamental Rights:

The 1973 constitution ensure the fundamental rights of the citizen of Pakistan.

Independence of Judiciary:

The constitution of 1973 stresses upon the establishment of independence judiciary. Full job security has been provided.

Referendum:

The 193 constitution has authorized the President to hold the referendum on any national issue. Similarly, the Prime Minister can ask thePresident to hold the referendum on any important national issue.

Conclusion:

The 1973 constitution enlisted the main principles of state policy. Maximum efforts were made to improve the character of this constitution. Like other constitution, 1973 constitution also provided principles for the protection, propagation, and enforcement of Islamic Ideology.

Constitution of Pakistan 1962

               

Constitution of Pakistan is the supreme law of Pakistan.There have been several documents known as the constitution of Pakistan.
General Ayub Khan wanted to introduce a controlled and limited democracy as he believed that Western Style democracy did not suit Pakistan. Therefore, he introduced the constitution of 1962 on  1st March 1962 thereby abrogating the previous constitution of 1956.
The constitution of 1962 was the fundamental law of the Pakistan from June 1962 until martial law was declared in March 1960. On February 1960 Ayub Khan appointed a commission to report on the future political framework for the country. The commission was headed by the former Cheif Justice of Pakistan, Muhammad Shahabbudin, and had ten other members, five each from East Pakistan and West Pakistan, composed of retired judges, lawyers, industrialists, and landlords.
The constitution of the republic was a comprehensive document comprising of 250 section and 3 schedules. It was also written.

                                Features of Constitution

The Islamic Provision:

• The objective resolution was included in the preamble of the constitution; through which the principles of freedom, equality, tolerance, and social justice as enunciated by Islam, should be fully observed.
• Teaching was of Islam and Holy Quran was to be made compulsory, unity and observance of Islam moral standards were to be promoted among the Muslims of Pakistan.
• Proper organization of Zakat, Waqf and Mosques was to be established. 
• The President was to be a Muslim.
• No law was repugnant to Islam and was enforceable in courts of law.
• Islamic research institutes will be organized.
• Minority rights were fully protected.

The President:

• Real chief executives and head of states.
• Should be a Muslim.
• Not less than 35 years of age.
• To be elected by 80000 Basic Democratic for 5 years.
• Could be removed only by the National Assembly by impeachment.
• Sole responsible for the business of Central Government.
• Could Summon, prorogue, and Dissolve the Assembly.
• Master of the cabinet, could appoint and dismiss any member his cabinet.
• Not bound to accept any proposal but the cabinet is responsible to him.
• Power to pardon, commute to sentences.
• Official acts could not be challenged.

The Legislature:

• The unicameral legislature is known as National Assembly.
• 156 seats on the basis of parity.
• 6 women seats, 3 each from both sides.
• The term of Assembly fixed for five years.
• Elected by the electoral college of Basis Democrats. 
• At least two sessions of Assembly in a year.
• The assembly to choose Speaker and Deputy Speaker.
• The first hour of the session was to be available for questions.

Federal Structure:

• Comprised of two provinces, East and West Pakistan.
• Principles of parity of two provinces.
• Residuary powers were given to provinces.
• Federal had priority over provinces list.
• Governors were strong as was president in Centre.

Judicial System:

• Independence of Judiciary was guaranteed.
• Supreme Court: Head by Chief Justice with six judges.
• Judges could hold the office until the age of 65.
• Had the power of "Judicial Review" of Exectives actions.
• Had original as well as appellate jurisdiction.
• High Court:

1. Each province had a High Court.
2. Consisted of Chief Justice and other Judges.
3. Appointed by the President of Pakistan.

 Fundamental Rights:

• Originally contained "no bill of rights".
• The articles of fundamental rights were limited and were not applicable in Tribal Areas and not to the activities covered in 31 previous law, including freedom of speeches.

Other Characteristics:

• Two National languages Urdu and Bengali with English acceptable in Government affairs.
• Two Capitals, Islamabad would be a principal seat and Dhaka would be second Capital, the principal seat for Central Legislature.
• No new taxation without the consent of National Assembly.