SOAS Research Online

Abstract

The purpose of this work has been to consider the three major constitutional breakdowns which took place in Pakistan, viz., the dissolution of the first Constituent Assembly by the Governor-General in October, 1954, the abrogation of the Constitution of 1956 and declaration of martial law by the President in October, 1958, and the abrogation of the Constitution of 1962 and declaration of martial law by the Commander-in-Chief of the Army in March, 1969. In order to put them in proper perspective a general survey of the constitutional development in Pakistan since independence till about the middle of 1971 had to be made. But the main focus of the deliberations, however, has been on the background of the actions taken on those three occasions and the conququent constitutional and legal implications in the subsequent development. In the first chapter a general introduction describes the constitutional position of Pakistan at independence, followed, in Chapter II, by a discussion on the composition and function of the first Constituent Assembly and its endeavour to draft a constitution for the country. Chapter III deals with the dissolution of the Assembly by the Governor-General and his attempt to promulgate a constitution by decree, and the Courts' views of the Governor-General's action. In Chapter IV an analysis of the crisis has been made with a view to identifying the real grounds that led the Governor-General to act, as he acted. The circumstances preceding the abrogation of the Constitution of 1956 and martial law in 1958 have been discussed in Chapter V, followed, in Chapter VI, by consideration of the functioning of the martial law administration and the Courts' view of the situation. Chapter VII deals with a reflection on the President's action and the extent of his responsibility for the breakdown. The statutory and constitutional progress made during the martial law period (1958-1962) have been dealt with in Chapter VIII. The promulgation and working of the 1962 Constitution have been discussed in Chapter IX, while Chapter X discusses the reaction and political movement against that Constitution. Chapter XI deals with the abrogation of the Constitution and the declaration of martial law in 1969, together with the measures taken by the military regime to restore constitutional rule. In Chapter XII, cases arising out of the similar situations in other Commonwealth countries as decided by their Courts, where leading Pakistani cases were cited, have (been discussed. In the concluding chapter justification bf, and objections to, the actions have been considered, and the prospect of democracy and constitutional rule, in the conditions prevailing before the India-Pakistan war in December, 1971, has been generally discussed.