Constitutional and Political History of Pakistan, Second Edition, analyzes constitutional development in Pakistan from its conception to the present day. Constitutional And Political History Of. Constitutional developments have been explained in the context of the social and political events that shaped them, and. Constitutional And Political History Of Pakistan By Hamid Khan If searching for a book Constitutional pdf format, in that case you come on to faithful website.
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Pre-independence era[ edit ] The Pakistan Movement , as it came to be known, was based on the principle of two-nation theory, and aimed to establish a separate homeland for Muslims in South Asia. This was a movement against the oppression, that Muslims felt in the face of an increasingly politicized Hindu majority. The Pakistan Movement was spearheaded by Muhammad Ali Jinnah and staunchly opposed by some of Muslim religious scholars. Parliamentary democracy[ edit ] After the independence , Liaquat Ali Khan became the first prime minister and Jinnah became the first Governor-General. Pakistan consisted of two wings, West-Pakistan and East-Pakistan.
Both Bhutto and Mujib continued a political pressure on Khan's military government. Under pressured by Bhutto, Mujib and his military government, General Khan ordered a military action in East Pakistan. The Military Police arrested Bhutto and put him on house arrest.
Faced with popular unrest and revolt in East-Pakistan, the Army and Navy clamped down through violence. The navy and army crackdown and brutalities during the Operation Searchlight and Operation Barisal and the continued extrajudicial killings throughout the later months resulted in further resentment among the East Pakistanis of East Pakistan.
On major decision, the army, navy, marines and air force weren't taken on confidence. Each forces had led their own independent operations without notifying or taking on confidence the higher command. The official war between India and Pakistan ended in just a fortnight on December 16, , with Pakistan losing East Pakistan, which became Bangladesh.
The official Bangladesh Government claim puts the number of Bengali civilian fatalities at 3 million. During this entire disaster, the military government had refused to take any political and reconciliation initiatives despite the calls were made.
The coordination between the armed forces were ineffective and unsupported. Return of democracy[ edit ] Soon after Bhutto assumed the control of the country, Bhutto released Mujibur Rehman , and put General Khan on house arrest instead.
Bhutto, immediately appeared on PTV where addressed an emotional speech to his shattered nation. All of these Commander-in-Chiefs led their services during the conflict, and openly blamed each other for their intense failure. Bhutto also disbanded the Pakistan Marines, a new service in the navy, after failing to produce any effective results during the conflict. Bhutto sought to re-organized the Military of Pakistan and numerous officers who were responsible for Bengal's autocracies were fired from their services.
Under this agreement, Bhutto recognized East-Pakistan as Bangladesh. Bhutto also disapproved the capitalist policies of Field Marshal Ayub Khan, and instead introduced the socialist economics policies while working to prevent any further division of the country. On 2 January , Bhutto announced the nationalization of all major industries, including iron and steel, heavy engineering, heavy electrical engineering, petrochemicals, cement and public utilities.
A new labor policy was announced with more workers rights and the power of trade unions. In , Parliament of Pakistan gave approval of Constitution. For the first time after , the country was shifted back to parliamentary democracy with Bhutto as Prime minister of the country. In , Bhutto also created the office of Joint Chiefs of Staff Committee , and the chairmanship of this important and prestigious tier was given to General Muhammad Sharif, who was also promoted to 4-star rank.
The Joint Chiefs of Staff Committee was formed after the careful analysis of Pakistan Armed Forces, and it is the principal body that maintain coordination between the armed forces. Nuclear deterrent development[ edit ] Main articles: Project and Pakistan and weapons of mass destruction Since , Bhutto had been lobbying for the option for nuclear deterrence on different occasions. Soon after Bhutto came to assume control of Pakistan, he made his move to establish the nuclear weapons development.
Abdus Salam , a Nobel laureate , headed the nuclear weapons program as he was the Science adviser to the Prime minister. This includes the nuclear fuel cycle and nuclear weapons design, development and testing programme. He was credited to be the "technical father" of Pakistan's atom project by a recent International Institute of Strategic Studies, London, IISS Dossier on history of the Pakistan's nuclear development, with Zulfikar Ali Bhutto as the father of Pakistan's nuclear developmental programme.
To compound further matters, the Soviet Union had withdrawn from Afghanistan and the strategic importance of Pakistan to the United States was gone.
Once the full extent of Pakistan's nuclear weapons development was revealed, economic sanctions see Pressler amendment were imposed on the country by several other countries, particularly United States. Having been developed under both Bhutto and Zia, the nuclear development programme had fully matured by the late s. Abdul Qadeer Khan , a metallurgical engineer , greatly contributed to the uranium enrichment programme under both governments. PAEC was also responsible for all the pre and post enrichment phases of the nuclear fuel cycle.
Balochistan civil unrest[ edit ] The Baloch rebellion of the s was the most threatening civil disorder to a United Pakistan since Bangladesh's secession.
The Pakistan Armed Forces wanted to establish military garrisons in Balochistan Province, which at that time was quite lawless and run by tribal justice. The ethnic Balochis saw this as a violation of their territorial rights. Emboldened by the stand taken by Sheikh Mujibur Rahman in , the Baloch and Pashtun nationalists had also demanded their "provincial rights" from then Prime minister Zulfikar Ali Bhutto in exchange for a consensual approval of the Pakistan Constitution of Tensions erupted and an armed resistance began to take place.
Surveying the political instability, Bhutto's central government sacked two provincial governments within six months, arrested the two chief ministers, two governors and forty-four MNAs and MPAs, obtained an order from the Supreme Court banning the NAP and charged them all with high treason, to be tried by a specially constituted Hyderabad Tribunal of handpicked judges.
In time, the Baloch nationalist insurgency erupted and sucked the armed forces into the province, pitting the Baloch tribal middle classes against Islamabad. The sporadic fighting between the insurgency and the army started in with the largest confrontation taking place in September when around 15, Balochs fought the Pakistani Army, Navy and Air Force. That the dicta- Pakistan lay in the West.
Serious political difficulties dogged the regime and North if it attacked Pakistan in the East. As a consequence of the bureaucratic thinking that dominated it was poorly the availability of US equipment and training facilities, the equipped to respond to political manoeuvring. Unlike many Pakistani military grew steadily more confident in its ability to of his contemporary autocrats, Ayub Khan did not have the inflict a defeat on India in a limited war.
The CSP adjusted quickly to its landed on India. When that attack took place in lead to polarization within the apparatus, as other services and September Pakistan was caught by surprise and fought specialists chafed under the control of a single cadre. This India to an unsustainable stalemate where logistical unpre- external identification and internal polarization would con- paredness meant that prolongation of the conflict could have tribute greatly to the backlash against the civil service that spelled strategic disaster.
The India-Pakistan talks brokered began when Ayub was forced from power in While competent administrators, the civil servants itself and were it not for considerable bumbling on the Indian made for poor politicians and were largely unwilling to part side and tactical brilliance at the lower levels of the Pakistani with the policy of administrative and fiscal centralization to military, a complete military defeat could easily have been the which they owed much of their power.
This left the Ayub result.
Some officers, such as Maj. These views economic policies. The convergence of these two trends in the would be ignored and the old doctrine continued to hold sway Awami League led by Sheikh Mujibur Rahman posed a serious until it met its end with the secession of East Pakistan. Brokered heralded the advent of a new generation of politicians and and guaranteed by the World Bank, this treaty ensured that politics. Critically, the The new regime signalled the end of the governing corpora- treaty represented a successful third-party mediation of an tion—the combination of senior civil and military officials who India-Pakistan dispute.
The treaty, moreover, could not be had ruled Pakistan since April Yahya Khan believed, terminated. It could only be replaced or amended, by mutual unlike Ayub Khan, that the military ought to seize direct consent, and it has survived military conflicts in , , administrative power and sideline the unpopular CSP.
The and multiple skirmishes and periods of high tension. In late the opposition two brigadiers, with junior officers appointed to co-ordinate parties joined forces and fielded Fatima Jinnah, the sister of directly with ministries.
A purge of some civil servants was Mohammad Ali Jinnah, as their presidential candidate. The carried out and these moves ensured that the regime was freed election was held in February and entailed a vote by the from professional administrative interference but also exper- 80, Basic Democrats—40, from each wing.
The Ayub tise. Khan regime used the state machinery to restrict campaigning Yahya Khan moved to undo the political legacy of the to only 30 days, with official campaigning limited to the governing corporation through measures designed to win electors. By most accounts, Fatima Jinnah, revered as the him popularity.
Khyber Pakhtunkhwa , and Balochistan, assumed their pre- 28, of the electors voted for Fatima Jinnah, while 51, sent form. Yahya Khan also did away with inter-wing repre- voted for Ayub Khan. The CSP was mobilized to deliver sentative parity and announced fresh elections for December favourable results from the rural areas of West Pakistan. It on the basis of universal adult franchise.
Unlike the Shah of Iran or a Constituent Assembly and draft another constitution. The President Suharto in Indonesia or the leaders of various system of Basic Democracy was discontinued, and under the communist regimes, Ayub Khan did not preside over an revised allocation of National Assembly seats, East Pakistan intrusive and brutal police state, and his British Indian would get seats and West Pakistan , with contested training and personal temperament militated against turning seats, and the remaining 13 seats reserved for women.
Yahya Pakistan into that kind of state. Khan also conceded in his Legal Framework Order LFO that The surprisingly strong performance of Fatima Jinnah in a a simple majority would be required to approve constitutional blatantly rigged election showed up the fragility of the Ayub provisions, rather than the traditional practice of two-thirds. Khan regime and soon led to multiple challenges.
The most Going into the elections, Yahya Khan was convinced that the serious came from the Awami League, which, in articu- result would lead to a badly fractured assembly unable to take lated its Six Point programme and launched an eponymous decisions and approve a new constitution within the days movement to achieve it.
The points were that: This outcome would give Yahya Khan to be a parliamentary democracy with universal adult fran- and his generals three options.
Second, if the convertible currencies with a Reserve Bank established in first outcome did not materialize, then Yahya Khan could Dhaka, the capital city of East Pakistan; iv powers of taxation dissolve the assembly and call fresh elections after an unspe- ought to be devolved to the provinces; v the foreign exchange cified interval. And third, martial law could be rigorously earnings of the two wings would be kept separate; and vi East applied at any time and the political process upended.
With East Pakistan in ferment, West Pakistan mids would play out, eventually leaving him in a position politics also experienced major change with the founding of of control.
This kind of thinking meant that the regime did not the PPP in November Although closer to the military on take even elementary military precautions to stave off popular some issues compared to the Awami League, the PPP was anti- reaction to its machinations.
The growth of opposition in way. The Awami League concentrated its resources in was spinning out of control. Initially, Ayub Khan thought it better to negotiate, but by mid- These were the first national elections to be held in Pakistan on March it was clear that the army chief, Gen. Khan resigned on 25 March, transferring power to the army The regime had not contemplated a political outcome that was chief and in the process placing Pakistan under martial law.
Rather than the range of options he had fantasized about prior to the elections, Yahya Khan now effectively had two equally stark choices. This would convening of the new parliament and impose preconditions. Rather than defusing the situation crisis. For while the US approach to relations with Pakistan arbitrary one taken without serious professional consideration remained mercurial and transactional, the Chinese resolved to of the consequences.
This it. Pakistan Presidents Heads of State since , excluding demonstrated as false in , remained the strategic and temporary appointments operational doctrine. It was only after the military crackdown had begun that orders were given for two divisions 35, Fazal Ilahi Chaudhry.
The airlift was conducted via Muhammad Zia-ul-Haq. Consequently, the forces Ghulam Ishaq Khan. With Farooq Leghari. The military, now reinforced, managed Mamnoon Hussain. By this time the Pakistani leadership was the government.
The new Government would first exercise also convinced that an Indian invasion was imminent and that authority as an interim martial law administration from India would seize territory in East Pakistan and declare an 20 December to 14 August and after that time as independent Bangladesh.
This thinking meant that Lt-Gen. There was, in fact, no independent On the external front the new Government had to immedi- defence capability in East Pakistan and this assessment of ately address ending hostilities with India, secure the repa- Indian plans would prove wrong.
Rather than attempting to triation of 93, Pakistani PoWs, and work towards quickly seize some territory, the Indian leadership, well normalization of relations with Bangladesh. Meanwhile, balance of power in South Asia through conventional means the refugee crisis generated international outrage and served had failed.
The conclusion of an Indo-Soviet treaty of Bhutto was determined to download time through diplomacy while friendship in August further upped the ante. Pakistani commanders requested permission to fall back to achieve its goal. By August Intriguingly, Niazi had about 30, men under his command , Pakistan had successfully negotiated for the return of its in Dhaka and besieging the city would not be an easy prospect. PoWs from India and shielded those accused by Bangladesh of Rather than fighting it out, Niazi decided to surrender.
On war crimes, with the transfer completed by July Mean- 16 December Niazi signed the surrender document: Yahya Khan had presided over the liquidation of the structure development.
And yet, even after all this, Yahya Khan was underwent rapid development during the PPP administration, unwilling to part with power until the threat of mutiny by although it was not completed until This provided China junior officers openly outraged by what had transpired on the and Pakistan with a direct overland link. India had, for its part, relations with China contrasted with the difficult relationship succeeded in using military force to bring about a change in the with the USA, especially after the Indian nuclear test of United Nations UN -recognized boundaries of another state created concerns that Pakistan would follow suit.
Asia, there was one matter where the Yahya Khan regime Internally, the new Government embarked upon a pro- played a constructive role. This was the facilitation of an gramme of consolidating power and reducing or co-opting opening between the USA and communist China, which began potential sources of opposition.
The civil service, the industrial 6 www. The plan was to plus military officers. The military budget rose from cut down the pillars of the old regime and to bind the state Rs 3,m, in to Rs 8,m. The mili- age complex centred on the ruling party.
Given the arbitrariness that this approach than Rs 2,m. All the dismissals were carried out under constitution in almost meaningless.
The military martial law orders. Bhutto then directed Vaqar Ahmed, the regime-era Defence of Pakistan Rules remained in effect, the Secretary to the Cabinet, to prepare names of civil servants for code of Criminal Procedure was amended to allow for direct dismissal or demotion en masse under Martial Law Regulation registration of cases without preliminary examination by a When Ahmed tried to pressure the heads of administra- magistrate, citizens lost legal protection against mala fide tive departments to submit names, a mere 27 names were arrest in April , and strenuous efforts were made to download yielded.
The Special Police Establishment yielded 88 names. The use of religion as an instrument of shoring up names on his own initiative. Senior PPP leaders were also political support led to the establishment of a federal ministry asked to add names to the list and on 12 March some 2, for religious affairs, the declaration of Ahmedis as non-Muslim officials learnt from the evening broadcast that they had been by constitutional amendment , and, as the Government dismissed or demoted.
On 18 March some provincial faced mounting opposition, prohibitions on alcohol, gambling services officers met the same fate. Then on 18 April a total and horse racing were also introduced. These purges were principle beyond a tactical need for self-aggrandizement paved followed by the Lateral Entry Scheme, through which the the way for its downfall. Two developments were critical in this political leadership could make direct appointments, circum- respect.
One was that in , the army chief, Gen. Tikka venting the normal competitive recruitment procedures. At the Khan, was due to retire and Bhutto wanted to replace him with officer and senior subordinate levels, 5, such inductions a pliant and politically reliable officer. In March of that year were made, with some 2, in federal institutions and the rest Bhutto decided to appoint Lt-Gen. These purges and political inductions successor. This meant that Zia superseded six more senior were designed to reduce the autonomy and prestige of the lieutenant-generals.
The second critical development was the civilian bureaucracy, while the Civil Service Act and conduct of the next general elections. These were scheduled for Public Service Commissions Act gutted the statutory auton- March and, in October a clear message was sent to omy and rigour of the services. The What was expected was blind loyalty to the Government and new Government adopted a confiscatory policy of nationaliza- another purge was planned for immediately after the elections.
Nobody seriously expected the state ownership. By the mids even small and medium- PNA to win the elections and the PPP had no cause for concern sized enterprises faced nationalization, private investment that it would lose its majority. The polling day and post-poll declined dramatically, and the newly nationalized entities as rigging that took place, much of it by terrified civil adminis- well as older state corporations were soon too bloated with trators, produced a result where the PPP won seats and the political appointees to perform efficiently.
As the state sector combined opposition only 36 seats in a reduced member was turned into the major source of employment generation, national assembly. This resulted in mass agitation against the deficits soared and by revenues stood at about half of Government, with the authorities resorting to repression as expenditures, with fiscal deficits as a proportion of GDP in the well as offers of negotiation to defuse the challenge.
In April double-digits. The gaps were made good through printing the Government imposed martial law in Karachi and currency and borrowing, which fuelled inflation that hurt Lahore and the political crisis deepened.
Calls for the army to the poorest Pakistanis the most. In July the military staged a coup, codenamed effectively revived, and a permanent crisis of productivity and Operation Fair Play, which toppled the Government, and competitiveness now permeated the entire economy. Zia promised fresh elections in what ironically for a government that claimed socialism to be 90 days.
It left an enduring legacy in terms of a share of nationalized industries, grants of land, and privi- Islamization and firmly set Pakistan on the path of growing leges. The second tack was to create a new paramilitary religious extremism and internal violence.
Having come to Praetorian guard, called the Federal Security Force FSF power promising free and fair elections, Zia reneged on his that would be personally loyal to Bhutto and deter coup pledge in October , and placed Bhutto on trial for con- attempts.
By late , the FSF had 18, men under spiracy to commit murder. Found guilty by a split verdict in arms, vehicles, its own radio wireless network, and heavy the Supreme Court of Pakistan, Bhutto was executed in April weapons; tanks had been downloadd for it but their entry into During the trial Zia formally assumed the presidency service was delayed due to high operating costs. On the and in October he banned political parties, applied martial law patronage side of the equation, the Government would employ with renewed rigour, and placed elections permanently on 3, former military men in the FSF and also use the hold.
Zia realized that his best chance of acquiring legitimacy www. The new President Bhutto. Zia thus introduced Islamic penal provisions via the ordered fresh national and provincial elections for November, Hudud Ordinance , decreed the creation of a Federal with political parties allowed to contest the polls. Afghanistan December This transformed Zia from an international pariah to the leader of a frontline state in the Cold War. In installed Ronald Reagan administration. Critically, US acquiescence in the face of Constitution.
In the President attempted to dismiss the Pakistani efforts to develop nuclear weapons capability meant PML Government but was halted by the Supreme Court, only that by the mids Pakistan had acquired enough of a to have the army chief, Gen. The Gov- vis India. The Pressler Amendment, designed to hamper ernment elected in February would be overthrown in a US aid to Pakistan, was effectively brushed aside by the US military coup in October , which brought the then army Executive Branch, pending settlement of the war in Afghani- chief, Gen, Pervez Musharraf, to power.
The election outcomes stan. There Zia sought to prolong the Soviet intervention, for this period at the national level, exclusive of nominated something Pakistan could do as the primary channel through seats, are provided in the table below: National Assembly seats at elections of a total of , — armed opposition mujahideen. The costs to Pakistan of the 99 war in its neighbourhood were none the less considerable. Hosting three million Afghan refugees, the rapid spread of 16 Nov. Nationalization ment.
Accusations of corruption, maladministration and nepo- had left the regime in control of tens of thousands of industrial tism were thrown at each other by each side, and over 8, and commercial units. The husband, Asif Ali Zardari. The muck-raking had the effect of rise of the Sharif family was a significant example of this alienating the majority of people from the political process, process, while the accumulation of vast fortunes from the leading to low voter turnout and growing apathy towards the Afghan war greatly augmented the economic profile of an fate of democracy.
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Readers Also Enjoyed. About Hamid Khan.
Hamid Khan. Hamid Khan Urdu: Hamid Khan wrote several books that are recommended reading for Pakistani students of law. Hamid Khan studied law at the University of Punjab and University of Illinois and has been practising for over thirty years.
He Hamid Khan Urdu: He has authored five books on legal subjects, three of which-Islamic Law of Inheritance, Principles of Administrative Law and Administrative Tribunals for civil Servants in Pakistan-are prescribed as Textbooks at law schools. His work is also taught at the LLM level.