The
emphasis
continued to be on
private enterprise.
private enterprise.
Cambridge History of India - v4 - Indian Empire
887 (#929) ############################################
CONSTITUTION OF 1962
887
Allah and the authority exercised by the people was a sacred trust.
The territories included in Pakistan formed a federation in which
the provinces enjoyed as much autonomy as was consistent with the
unity and interests of Pakistan as a whole. It was the will of the
people of Pakistan that the state should exercise its power and
authority through representatives chosen by the people. The princi-
ples of democracy, freedom, equality, tolerance and social justice
as enunciated by Islam were to be fully observed in Pakistan. The
Muslims of Pakistan were to be enabled individually and collective-
ly, to live their lives in accordance with the teachings and require-
ments of Islam. The legitimate interests of the people in Pakistan
were to be adequately safeguarded. The fundamental human rights
were to be preserved in so far as those were consistent with the
security of the state, public interest and requirements of morality.
The independence of the judiciary was to be safeguarded.
The State of Pakistan was declared to be a republic. It con-
sisted of two provinces of East Pakistan and West Pakistan. Pakis-
tan had a federdal form of Government. The powers given to the
federation were enumerated in the Third Schedule to the Constitu-
tion. An attempt was made to reconcile the regional demands of
East Pakistan which resented the domination of West Pakistan.
The Constitution provided for the establishment of the seat of the
National Assembly at Dacca and the Headquarters of the Govern-
ment of Pakistan at Islamabad in West Pakistan. Dacca was made
the second capital of Pakistan. Both Urdu and Bengali were made
the national languages of Pakistan in order to give satisfaction to
the people of East Pakistan. Both East and West Pakistan were
given equal representation in the National Assembly. Article 16
specifically provided that “parity between provinces in all spheres
of the Central Government should as nearly as practicable be
achieved. "
The Constitution provided for the principles of law making. It
was the responsibility of each legislature to ensure that no law was
made by it if it disregarded, violated or was otherwise not in accord-
ance with those principles. The responsibility for deciding whe-
ther a proposed law did or did not disregard or violate or was not
otherwise in accordance with the principles of law making was
that of the legislature concerned. However, the National Assembly,
the Provincial Assembly, the President or Governor of a province
could refer to the Advisory Council of Islamic Ideology for advice
any question that might arise whether a proposed law disregarded
or violated or was otherwise not in accordance with the principles.
The validity of a law was not to be called in question on the ground
that the law disregarded, violated or otherwise not in accordance
a
## p. 888 (#930) ############################################
888
PAKISTAN
a
own.
with the principles of law-making. The principles of law making
included that no law was to be repugnant to Islam. All citizens
were to be equal before the law, were entitled to equal protection
of the law and were to be treated alike in all respects. No law
was to impose any restriction on the freedom of citizens to assemble
peacefully and without arms or to form associations or unions.
No law was to put any restriction on the freedom of a citizen to move
throughout Pakistan or to reside or settle in any part of Pakistan.
No restriction was to be imposed on the freedom of a citizen to
acquire, hold or dispose of property in any part of Pakistan. No
law was to impose any restriction on the freedom of a citizen to
engage in any profession, trade, business, occupation or employ-
ment or otherwise to follow the vocation of his choice. No law
was to prevent the members of a religious community or denomin-
ation from professing, practising or propagating or providing in-
struction in their religion or their continuing the institutions for the
purpose or in connection with their religion. No law was to re-
quire any person to receive religious instruction or attend a religious
ceremony or religious worship, relating to a religion other than his
No law was to impose on any person a tax the proceeds of
which were to be applied for purposes of a religion other than his
own. No law was to discriminate between religious institutions in
the granting of exemptions or concessions in relation to any tax.
No law was to authorise expenditure of public money for the
benefit of a particular religious community or denomination
cept the money raised for that purpose. A law authorising the
arrest or detention of a person was to ensure that the person
arrested or detained under the law was informed of the grounds of
his arrest or detention at the time when he was arrested or detain-
ed as soon thereafter as was practicable. He was to be taken
before the nearest magistrate within a period of 24 hours after he
was arrested or detained. He was to be at liberty to consult or be
represented and defended by a legal practitioner of his own choice.
No law was to authorise the punishment of a person for an act or
omission that was not punishable by law at the time the act was
done or the omission was made. No law was to authorise the
punishment of a person for an offence by a penalty greater than
that of a kind different from the penalty prescribed by law for that
offence at the time the offence was committed. No law was to au-
thorise compulsory acquisition or compulsory taking possession of
property except for a public purpose. The law that authorised
compulsory acquisition or compulsory taking possession of property
was to provide for the payment of compensation for property and
fix the amount of compensation or specify the principles on which
ex-
## p. 889 (#931) ############################################
CONSTITUTION OF 1962
889
and the manner in which the compensation was to be determined.
No law was to permit forced labour in any form. No law was to
deny to any person access to a public place on the ground of re-
ligion, caste or place of birth. No law was to prevent any section
of community from having a distinct language, script or culture of
its own. No person was to permit or in any way facilitate the
introduction into Pakistan of slavery or untouchability in any
form.
The Constitution provided for the Principles of Policy. It was
the responsibility of each organ and authority of the state and
each person performing the functions on behalf of an organ or
authority of the state to act in accordance with those principles in
so far as they are related to the functions of the organ or the au-
thority. The validity of an action or law was not to be called in
question on the ground that it was not in accordance with the Prin-
ciples of Policy and no action was to lie against the State, any organ
or authority of the State or any person on that ground. The
Principles of Policy laid down that the Muslims of Pakistan were
to be enabled, individually and collectively, to order their lives in
accordance with the fundamental principles and basic concepts of
Islam and were to be provided with facilities whereby they were
to be able to understand the meaning of life in accordance with
those principles and concepts. The teachings of the Holy Quran
and Islamiat to the Muslims of Pakistan were to be compulsory.
Unity and observance of Islamic moral standards were to be pro-
moted amongst the Muslims of Pakistan. The proper organisation
of Zakat, wakfs and mosques was
ensured. Parochial, racial,
tribal, sectarian and provincial prejudices amongst the citizens
were to be discouraged. The legitimate rights and interests of the
minorities were to be safeguarded and they were to get due
opportunity to enter the services of Pakistan. Special care was to
be taken to promote the educational and economic interests of the
people of backward classes or any backward areas. Steps were to
be taken to bring on terms of equality with other persons the mem-
bers of under-privileged castes, races, tribes and groups. Illiteracy
was to be eliminated and free and compulsory primary education
was to be provided for all. Just and humane conditions of work
were to be provided. Children and women were not to be employ-
ed on vocations unsuited to their age and sex. Maternity bene-
fits were to be provided to women in employment. The well-being
of the people was to be secured by raising the standard of living
of the common men, by preventing the undue concentration of
wealth and means of production and distribution in the hands of a
few. All citizens were to have an opportunity to work and earn an
## p. 890 (#932) ############################################
890
PAKISTAN
ser-
adequate livelihood and enjoy reasonable rest and labour. All
persons were to be provided with compulsory social insurance. The
basic necessities of life such as food, clothes, housing, education
and medical treatment were to be provided for citizens who were
unable to earn their livelihood on account of infirmity, disability,
sickness or unemployment. Administrative offices and other
vices were to be provided in places where they would best meet the
convenience and requirements of the public. No citizen was to be
denied entry into the services of Pakistan on the ground of race,
religion, caste, sex or place of residence or birth. Persons from all
parts of Pakistan were to be allowed to serve in the defence ser-
vices of Pakistan.
The Constitution provided for a unicameral Central legislature
known as the National Assembly of Pakistan. It had 156 mem-
bers, half of which were elected from East Pakistan and the other
half from West Pakistan. Three seats from each province were
reserved exclusively for women. The National Assembly was to
sit for 5 years but it could be dissolved earlier.
The President of Pakistan was to be elected by an Electoral
College of Pakistan consisting of 80,000 electoral units. Provision
was made for the removal of the President by the National Assembly
on the ground of his incapacity. The matter was required to be
referred to a Medical Board for final disposal. Provision
made for the impeachment of the President before the National
Assembly. However, if less than half of the total number of the
members of the National Assembly voted in favour of the resolu-
tion, the members who gave notice of the resolution were to cease
to be the members of the National Assembly forthwith after the
declaration of the result of the voting. The executive authority
of the Republic of Pakistan was vested in the President. To
assist him in the performance of his functions, the President could
appoint a Council of Ministers who were to be taken from the
members of the National Assembly. Provision was made for the
appointment of an Attorney-General for Pakistan by the President.
The President was given the power to grant pardon, reprieves and
respites. He could remit, suspend or commute
any
sentence
passed by any court, tribunal or other authority. Certain legis-
lative powers were also given to the President which could be ex-
ercised by him in times of an emergency or at a time when the
National Assembly was not sitting.
Provision was made for the establishment of an Advisory Council
of Islamic Ideology. The function of the Council was to make
recommendations to the Central Government and Provincial Gov-
ernments regarding the means of enabling and encouraging the
was
## p. 891 (#933) ############################################
CONSTITUTION OF 1962
891
Muslims of Pakistan to order their lives in all respects in accordance
with the principles and concepts of Islam. Provision was also
made for the establishment of an Islamic Research Institute whose
function was to undertake Islamic research and instruction in
Islam for the purpose of assisting in the reconstruction of Islamic
society on a truly Islamic basis.
The Constitution made both Bengali and Urdu as the national
languages of Pakistan. However, English language could be used
for official and other purposes until arrangements for its replace-
ment were made. The President was required to set up a Com-
mission in 1972 to examine and report on the question of the re-
placement of the English language for official purposes.
Provision was made for the establishment of a Supreme Court of
Pakistan. The President was to determine the number of the
judges of the Supreme Court. The Supreme Court was given
original, appellate and advisory jurisdiction. It was given the
power of review. There was to be a High Court in each province
of Pakistan. Provision was also made for the establishment of the
Supreme Judicial Council for Pakistan consisting of the Chief
Justice of the Supreme Court, two next seniormost judges of the
Supreme Court and the Chief Justice of each High Court. The
Council was required to issue a Code of Conduct to be observed
by the judges of the Supreme Court and High Courts. The Coun-
cil could be asked to enquire whether a particular judge of the
Supreme Court or a High Court was fit or not to perform his duties
and the President was required to act upon the report of the
Council.
Provision was also made for the establishment of the National
Finance Commission whose duty was to make recommendations to
the President with respect to the distribution between the Central
Government and the Provincial Governments of the proceeds of
certain taxes. Provision was also made for the establishment of
National Economic Council whose duty was to review the overall
economic position of Pakistan, formulate plans with respect to
financial, commercial and economic policies and economic develop-
ment of Pakistan and inform the Central and Provincial Govern-
ments of those plans.
Provision was made for the Governor of each province who was
to be appointed by the President and who was subject to his direc-
tions in the performance of his duties. The Governor could ap-
point a Council of Ministers from the members of the National
Assembly. Each province of Pakistan was given a legislature of
one house known as the Assembly. The Assembly of each pro-
vince consisted of 155 members. However, 5 seats were reserved
## p. 892 (#934) ############################################
892
PAKISTAN
one.
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964. It en-
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#935) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. " The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to medical
## p. 893 (#936) ############################################
892
PAKISTAN
one.
It en-
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964.
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#937) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. ” The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced.
The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to
medical
## p. 894 (#938) ############################################
894
PAKISTAN
treatment, injury, etc. , was introduced. Muslim family laws were
modernized.
OPPOSITION TO AYUB KHAN
In spite of all this, opposition to Field Marshall Ayub Khan be-
gan to grow. The people were not prepared to put up with a
dictatorship permanently. Sheikh Mujib-ur-Rehman, the leader of
East Pakistan Awami League, put forward 6 demands before the
Government. The Constitution of Pakistan must be federal, with
parliamentary form of Government and a legislature directly elect-
ed on the basis of adult franchise. The federal subjects must be
limited to Defence and Foreign Affairs only. There should be
separate currencies for the two Wings of Pakistan freely convert-
ible into each other or in the alternative one currency subject to
statutory safeguards against flight of capital from the East to the
West Wing. The powers of taxation and revenue collection were
to be vested in the federating states. The Centre was to be financed
by the allocation of a share in the state's taxes. Separate foreign
exchange accounts were to be kept for East and West Pakistan.
The requirements of the Federal Government were to be met by
the two Wings in equal proportions or on any other fixed basis as
may be agreed upon. East Pakistan was to be self-sufficient in
matters of Defence. An Ordnance Factory and Military Academy
were to be set up in East Pakistan and the Federal Naval head-
quarters were to be located in East Pakistan. General Azam Khan
was also opposed to President Ayub Khan. Air Marshall Asgar
Khan also joined the opposition against Ayub Khan. The Air
Marshall went from place to place and addressed public meetings
in favour of the establishment of democracy in Pakistan and the
overthrow of the regime of Ayub Khan.
PAKISTAN DEMOCRATIC MOVEMENT
On 2 May, 1967, the Pakistan Democratic Movement was
started. The five constituents of the movement were the Awami
League, the Muslim League (Council), the Jamait-e-Islam, the
Nizam-e-Islam and the National Democratic Front. Stalwarts like
Mian Mumtaz Daultana, Chaudhuri Mohammad Ali, Nurul Amin
and Ata-ur-Rehman appeared on the same platform and drew up
an agreed eight-Point programme which contained compromise de-
tails of East and West Pakistan. The objective was to agitate for
a return to the parliamentary form of Government, based on adult
franchise. A federal structure at the centre was agreed to with
## p. 895 (#939) ############################################
OPPOSITION TO AYUB KHAN
895
responsibility for such subjects as defence, foreign affairs, currency
and federal finance and Inter Wing Communications and Trade.
East Pakistan was to be given a measure of regional autonomy.
There was to be parity between the two Wings in the services in
the civil and defence sectors, It was also agreed that a military
academy and ordnance factory would be set up in East Pakistan
and the headquarters of the Pakistan navy were to be shifted to
East Pakistan.
President Ayub Khan was not happy with the establishment of
the Pakistan Democratic Movement and no wonder he described
the activities of the opposition as “playing with fire. ” He told the
people that the Pakistan democratic movement was designed to
disintegrate the country. Sabur Khan, the Communications Minis-
ter and Leader of the House, described the Pakistan Democratic
Movement as the "Pakistan death movement. " The Dawn describ-
ed the new movement as “Pakistan disintegrating movement. ” The
National Awami Party of Bhasani, with its pro-Peking leanings,
described the Pakistan Democratic Movement as an organisation
of the feudalists and the capitalists. However, the Pakistan demo-
cratic movement did not achieve much and no wonder it was called
a "house of cards” or a "paper tiger”.
On 13 November, 1967, Zulfikar Ali Bhutto set up his People's
Party. The manifesto of his party declared that it stood for the
restoration of democracy and adult franchise. It was to set up a
socialistic pattern of society which conformed to the conditions,
traditions and culture of Pakistan. Mr. Bhutto was really a for-
midable force in the politics of Pakistan on account of his youth
and zeal and also his popularity among the people on account of
his extreme views against India.
On 6 January 1968, the people of Pakistan were told that 28
persons had conspired to bring about the secession of East Pakistan.
Indian instigation was also alleged. It came to be known as the
Agartala conspiracy Among the conspirators, two members of the
Pakistan civil service and some defence personnel were also named.
It was also alleged that Sheikh Mujib-ur-Rehman, the East Pakis-
tan Awami League leader already in detention, was implicated in
the conspiracy
In March 1968, President Ayub Khan was struck down by ser-
ious illness. The news of his illness was kept a secret and that
led to many rumours and doubts with regard to the future of
Pakistan. However, the President recovered after some time and
was able to attend to his duties.
In the meanwhile, hearings in the case entitled the State v. Sheikh
Mujib-ur-Rehman and others began on 19 June, 1968 at the Signals
## p. 896 (#940) ############################################
896
PAKISTAN
Mess in Dacca Cantonment before a Special Tribunal. The num-
ber of the accused increased to 33. The trial was held under a
new Presidential Ordinance which authorised the acceptance of
confessions and statements made to the police as admissible evidence
against the accused. Protests came in from the Bars of Dacca
and Karachi. Surprisingly, President Ayub Khan suddenly gave
into these protests and the offending clause was annulled by an-
other special Ordinance. The trial continued.
It appears that by the middle of 1968, the people of Pakistan
had got fed up with the existing regime and were determined to
overthrow it. An attempt was made on the life of the President
but his life was saved. Mr. Bhutto started his frontal attack
against the regime of Ayub Khan. Air Marshall Asgar Khan
toured both the Wings of Pakistan and created a strong public
opinion against Ayub Khan. Mr. Bhutto was prosecuted by the
Government on some very insignificant charges and was put in
jail. The manner in which he behaved in jail and during his trial,
added to his stature. The students also joined the agitation against
President Ayub Khan. There were strikes both in East and West
Pakistan. There were firings. Ultimately, President Ayub Khan
agreed to meet the leaders of the opposition at a round table con-
ference but they refused to do so so long as Sheikh Mujib-ur
Rehman was in detention and the conspiracy case against him was
pending. Ultimately, President Ayub Khan agreed to release Sheikh
Mujib-ur-Rehman and also to withdraw the so-called Agartala
conspiracy case. President Ayub Khan declared that he would not
stand for election as President in 1970. In spite of this, agitation
against him continued.
GENERAL YAHYA KHAN (1969)
All of a sudden, President Ayub Khan declared on 25 March,
1969 that he had handed over the administration of Pakistan to
General Yahya Khan, the Commander-in-Chief of Pakistan and
appointed him as the Chief Martial Law Administrator. After
assuming charge, General Yahya Khan declared the dissolution of
the National and Provincial Assemblies and placed the two wings
of Pakistan under the charge of two Administrators, one for West
Pakistan and one for East Pakistan. General Yahya Khan also
abrogated the constitution of 1962. Six days after, (31st March,
1969), General Yahya Khan appointed himself the President of
Pakistan. The new regime has been recognised by all the countries
and some sort of normalcy prevails in the country. However, the
leaders of Pakistan are declaring in unequivocal terms that General
## p. 897 (#941) ############################################
FOREIGN POLICY OF PAKISTAN
897
Yahya Khan must restore the democratic institutions as soon as
possible.
FOREIGN POLICY OF PAKISTAN
It seems desirable to refer to the foreign relations of Pakistan
since 1947. To begin with, Pakistan followed an independent
foreign policy without joining one bloc or the other. She expressed
her opinions openly and frankly on all international issues. On
colonial matters, she criticised the policies of the great Powers. In
1951, her representative declared in the United Nations: "We are
convinced that had these Powers not been tempted by these glittering
prizes, mistakenly so regarded, there would certainly have been no
war in 1914 and almost certainly none in 1939. So long as there
is a victim, there will always be aggression. These wrongs, in-
equalities and oppressions must be set right voluntarily, speedily
and in all humility. ” Pakistan pleaded the cause of Palestine and
bitterly criticized the Great Powers for creating the Jewish state of
Israel. Pakistan took up a very strong stand on the question of
the Italian colonies. She successfully advocated the unity and
independence of Libya. She also advocated the cause of Tunisia
and Morocco for their independence. She took up the cause of
Indonesia against the Dutch Government. She supported Iran
against Great Britain on the question of nationalisation of the
Anglo-Iranian Oil Company. On many occasions, Pakistan sided
with the Western powers.
When North Korea attacked South
Korea in 1950, Pakistan supported the action taken by the United
Nations and condemned North Korea for obstructing the task of
the United Nations Commission. When the Japanese Peace Treaty
was signed, Pakistan supported the United States. Pakistan was
one of the first countries which recognised the Communist Govern-
ment of China and established diplomatic relations with her. She
supported the admission of Red China into the United Nations.
Her relations with Great Britain have been cordial on the whole.
She received a lot under the Colombo Plan. The Commonwealth
Development Finance Company contributed towards capital requir-
cd for the Sui Gas Project. Great Britain supplied £210,000 worth
of textile equipment for the Dacca Institute of Textile Technology.
The attitude of the British Government has always been sympathetic
towards Pakistan on the question of Kashmir. As a matter of fact,
the Pro-Pakistan attitude of the British Government during the Indo-
Pakistan War of 1965 was very much resented in India.
The relations between Pakistan and the United States have been
very intimate. In 1950, Prime Minister Liaquat Ali Khan visited
## p. 898 (#942) ############################################
898
PAKISTAN
the United States on the invitation of the American Government.
In 1951, the United States started giving economic and technical
aid to Pakistan. During the first 6 years, the American aid totalled
$528,976,810. In 1954, Pakistan was in need of extra financial
help to set up her defence programme and the American Govern-
ment agreed to increase her help to Pakistan about $100,000,000 a
year.
The Governments of Pakistan and the United States were
jointly engaged in a large number of development projects in Pakis-
tan. In 1951-52, Pakistan was threatened with crop failure and
the Export and Import Bank in Washington provided a loan of 15
million dollars with interest at the rate of 21/2% per annum for the
purchase of wheat. In 1953, the American Government made a
gift of one million tons of wheat to Pakistan. The American Gov-
ernment sent 50 to 60 thousand pounds of medical supplies to flood-
victims of East Pakistan in 1954. A large number of experts were
also sent to control the spread of epidemics. The American Gov-
ernment supported Pakistan on the question of Kashmir. She also
took keen interest in bringing Pakistan and India together for the
settlement of the Kashmir problem. It was with the help of the
American Government that the Indus Basin problem was solved.
On 19 May, 1954, the Mutual Defence Assistance Agreement was
signed between Pakistan and the United States. The United States
was to make available to Pakistan such military equipment, materials,
services or other assistance as was necessary to develop her defence
potential. Under this agreement, Pakistan received a lot of mili-
tary help from the American Government and the same was used
by her against India in 1965. On 5 March, 1959, a bilateral
agreement of cooperation was signed between Pakistan and the
United States. The American Government agreed to help Pakis-
tan in case she was attacked by another country. Some unpleasant-
ness was created between the two countries on account of American
help to India after the Chinese invasion of India in October-
November, 1962. The Pakistan Government contended that the
military help given by the United States to India would be used
not against China but against Pakistan. As the American Govern-
ment continued to give help to India, Pakistan started looking in
other directions for help and friendship. In March 1963, Pakistan
entered into an agreement with Red China to demarcate the com-
mon border between the two countries. As a result of the agree-
ment, Pakistan got 750 square miles and China got 2,050 square
miles of territory. Red China also gave a lot of military help to
Pakistan. She also declared that she would stand by her in the
event of a war between India and Pakistan. When Pakistan
attacked India in 1965, the United States was put in a very awkward
## p. 899 (#943) ############################################
FOREIGN POLICY OF PAKISTAN
899
position. The Government of India represented to the United
States that the American arms were used against her and asked
her to stop the same. However, the American Government was
helpless. She tried her best to bring the war to a close. She en-
couraged the efforts made by the Soviet Union to bring India and
Pakistan together at Tashkent. During the war and even after that,
the United States imposed an embargo on the supply of arms to
India and Pakistan so that they may not fight again. As a result
of the pressure put on her, she agreed to sell parts to Pakistan.
She also resumed economic aid to Pakistan. In spite of all this, the
relations between Pakistan and United States are not so cordial
as they were before. China is the enemy of the United States
and that very China is the friend of Pakistan. Pakistan has estab-
lished very friendly relations with the Soviet Union and received a
lot of economic and military help from that country. It is obvious
that the United States cannot rely upon Pakistan on account of her
alignment with Red China and the Soviet Union.
THE CENTO
On 17 September, 1955, Pakistan became a member of the
Baghdad Pact and even when its name was changed to Central
Treaty Organisation, she continued to be its member. Pakistan is
also a member of the SEATO. Pakistan has very cordial relations
with Iran and no wonder Iran gave a lot of military help to Pakis-
tan before or after the Indo-Pak war in September, 1965. The
relations between India and Pakistan have always been strained.
An atmosphere of cordiality is more an exception than the rule.
After the partition of India and the establishment of Pakistan,
many disputes arose between the two countries and those have not
been satisfactorily solved. A lot of ill-will was created between
the two countries on account of the wholesale killings on both the
sides after 15 August, 1947. In October, 1947, Pakistan attacked
Kashmir and as the latter acceded to India, Indian forces were
sent to the valley and the raiders were turned out. The Indus
Basin Water Dispute strained the relations between the two coun-
tries for some time but the matter was settled by the Indus Waters
Treaty signed by the two Governments on 19 September, 1960.
Prime Minister Nehru himself went to Pakistan to sign the treaty.
In spite of this treaty, the relations between two countries did not
improve. When India was attacked by China in 1962, Pakistan
showed her sympathy towards China and would have been willing
to attack India if the circumstances so permitted. In August 1965,
Pakistan sent her infiltrators into Kashmir and ultimately attacked
## p. 900 (#944) ############################################
900
PAKISTAN
the Chhamb area of the State of Jammu and Kashmir. She was
able to conquer some territory. The Indian armies opened the
Lahore front and then through the good offices of the Soviet Union
and the United Nations, a cease-fire was ordered. President Ayub
Khan and Prime Minister Lal Bahadur Shastri went to Tashkent
and on 10 January 1966, the famous Tashkent declaration was
made under the signatures of President Ayub Khan and Lal Bahadur
Shastri. India and Pakistan declared their firm resolve to restore
normal and peaceful relations between their countries and to pro-
mote understanding and friendly relations between their peoples.
It was agreed that the armed personnel of the two countries would
withdraw not later than 25 February, 1966 to the positions they
held prior to 5 August, 1965. The relations between the two
countries were to be based on the principle of non-interference in the
internal affairs of each other. Both sides were to discourage pro-
paganda directed against the other country and were to encourage
propaganda which promoted the development of friendly relations
between the two countries. Prisoners of war were to be repatriated.
In spite of the Tashkent Declaration, the relations between the two
countries are not happy.
In a way, Pakistan has been able to place herself in a very strong
position. She is a friend of Great Britain. She can rely upon both
.
economic and military assistance from the United States. She is
also receiving economic and military assistance from the Soviet
Union. She has the most intimate relations with Red China. It
appears that all the Great Powers of the world are out to win the
goodwill of Pakistan.
## p. 901 (#945) ############################################
CHAPTER XXXVII
THE INDIAN STATES SINCE 1919
BEFOI
EFORE the independence of India, there were a large number of
,
Indian States. Some of them like Hyderabad, Mysore and Kashmir
were very big while others were very small covering an area of
only a few square miles. Those States were in various stages of
development. Some States like Mysore were so much advanced
that they could compare with any province of British India. There
were others which were governed by autocratic rulers and the
people had no voice in the administration. Some of the States
were the personal property of the Chief. The revenue of some
States ran to crores of rupees while that of some was not more than
a few lakhs. Some of them were in a very backward condition.
However, the Government of India exercised its paramountcy over
all of them through its Political Department. Whatever their own
position in their own States, all the Indian Rulers were under the
thumb of the Political Department. The latter exercised its con-
trol in various ways. Any advice given by the Political Depart-
ment was a command for the rulers. The Government of India
claimed the right to control and use of all titles, honours and salutes
of the rulers of the Indian States. No ruler could accept any
foreign title without the consent of the British Government. Any
ruler could be deposed or forced to abdicate. The Government of
India asserted its right of wardship over minor princes including the
right to control their education. It had the power of establishing a
regency whenever a prince was a minor or he was temporarily sus-
pended or permanently exiled from the State. The subjects of the
Indian States had to apply to the Government of India for passports
to go out of India. The Government of India had complete con-
trol over the issue of all licences for arms and ammunitions.
CONSTITUTION OF 1962
887
Allah and the authority exercised by the people was a sacred trust.
The territories included in Pakistan formed a federation in which
the provinces enjoyed as much autonomy as was consistent with the
unity and interests of Pakistan as a whole. It was the will of the
people of Pakistan that the state should exercise its power and
authority through representatives chosen by the people. The princi-
ples of democracy, freedom, equality, tolerance and social justice
as enunciated by Islam were to be fully observed in Pakistan. The
Muslims of Pakistan were to be enabled individually and collective-
ly, to live their lives in accordance with the teachings and require-
ments of Islam. The legitimate interests of the people in Pakistan
were to be adequately safeguarded. The fundamental human rights
were to be preserved in so far as those were consistent with the
security of the state, public interest and requirements of morality.
The independence of the judiciary was to be safeguarded.
The State of Pakistan was declared to be a republic. It con-
sisted of two provinces of East Pakistan and West Pakistan. Pakis-
tan had a federdal form of Government. The powers given to the
federation were enumerated in the Third Schedule to the Constitu-
tion. An attempt was made to reconcile the regional demands of
East Pakistan which resented the domination of West Pakistan.
The Constitution provided for the establishment of the seat of the
National Assembly at Dacca and the Headquarters of the Govern-
ment of Pakistan at Islamabad in West Pakistan. Dacca was made
the second capital of Pakistan. Both Urdu and Bengali were made
the national languages of Pakistan in order to give satisfaction to
the people of East Pakistan. Both East and West Pakistan were
given equal representation in the National Assembly. Article 16
specifically provided that “parity between provinces in all spheres
of the Central Government should as nearly as practicable be
achieved. "
The Constitution provided for the principles of law making. It
was the responsibility of each legislature to ensure that no law was
made by it if it disregarded, violated or was otherwise not in accord-
ance with those principles. The responsibility for deciding whe-
ther a proposed law did or did not disregard or violate or was not
otherwise in accordance with the principles of law making was
that of the legislature concerned. However, the National Assembly,
the Provincial Assembly, the President or Governor of a province
could refer to the Advisory Council of Islamic Ideology for advice
any question that might arise whether a proposed law disregarded
or violated or was otherwise not in accordance with the principles.
The validity of a law was not to be called in question on the ground
that the law disregarded, violated or otherwise not in accordance
a
## p. 888 (#930) ############################################
888
PAKISTAN
a
own.
with the principles of law-making. The principles of law making
included that no law was to be repugnant to Islam. All citizens
were to be equal before the law, were entitled to equal protection
of the law and were to be treated alike in all respects. No law
was to impose any restriction on the freedom of citizens to assemble
peacefully and without arms or to form associations or unions.
No law was to put any restriction on the freedom of a citizen to move
throughout Pakistan or to reside or settle in any part of Pakistan.
No restriction was to be imposed on the freedom of a citizen to
acquire, hold or dispose of property in any part of Pakistan. No
law was to impose any restriction on the freedom of a citizen to
engage in any profession, trade, business, occupation or employ-
ment or otherwise to follow the vocation of his choice. No law
was to prevent the members of a religious community or denomin-
ation from professing, practising or propagating or providing in-
struction in their religion or their continuing the institutions for the
purpose or in connection with their religion. No law was to re-
quire any person to receive religious instruction or attend a religious
ceremony or religious worship, relating to a religion other than his
No law was to impose on any person a tax the proceeds of
which were to be applied for purposes of a religion other than his
own. No law was to discriminate between religious institutions in
the granting of exemptions or concessions in relation to any tax.
No law was to authorise expenditure of public money for the
benefit of a particular religious community or denomination
cept the money raised for that purpose. A law authorising the
arrest or detention of a person was to ensure that the person
arrested or detained under the law was informed of the grounds of
his arrest or detention at the time when he was arrested or detain-
ed as soon thereafter as was practicable. He was to be taken
before the nearest magistrate within a period of 24 hours after he
was arrested or detained. He was to be at liberty to consult or be
represented and defended by a legal practitioner of his own choice.
No law was to authorise the punishment of a person for an act or
omission that was not punishable by law at the time the act was
done or the omission was made. No law was to authorise the
punishment of a person for an offence by a penalty greater than
that of a kind different from the penalty prescribed by law for that
offence at the time the offence was committed. No law was to au-
thorise compulsory acquisition or compulsory taking possession of
property except for a public purpose. The law that authorised
compulsory acquisition or compulsory taking possession of property
was to provide for the payment of compensation for property and
fix the amount of compensation or specify the principles on which
ex-
## p. 889 (#931) ############################################
CONSTITUTION OF 1962
889
and the manner in which the compensation was to be determined.
No law was to permit forced labour in any form. No law was to
deny to any person access to a public place on the ground of re-
ligion, caste or place of birth. No law was to prevent any section
of community from having a distinct language, script or culture of
its own. No person was to permit or in any way facilitate the
introduction into Pakistan of slavery or untouchability in any
form.
The Constitution provided for the Principles of Policy. It was
the responsibility of each organ and authority of the state and
each person performing the functions on behalf of an organ or
authority of the state to act in accordance with those principles in
so far as they are related to the functions of the organ or the au-
thority. The validity of an action or law was not to be called in
question on the ground that it was not in accordance with the Prin-
ciples of Policy and no action was to lie against the State, any organ
or authority of the State or any person on that ground. The
Principles of Policy laid down that the Muslims of Pakistan were
to be enabled, individually and collectively, to order their lives in
accordance with the fundamental principles and basic concepts of
Islam and were to be provided with facilities whereby they were
to be able to understand the meaning of life in accordance with
those principles and concepts. The teachings of the Holy Quran
and Islamiat to the Muslims of Pakistan were to be compulsory.
Unity and observance of Islamic moral standards were to be pro-
moted amongst the Muslims of Pakistan. The proper organisation
of Zakat, wakfs and mosques was
ensured. Parochial, racial,
tribal, sectarian and provincial prejudices amongst the citizens
were to be discouraged. The legitimate rights and interests of the
minorities were to be safeguarded and they were to get due
opportunity to enter the services of Pakistan. Special care was to
be taken to promote the educational and economic interests of the
people of backward classes or any backward areas. Steps were to
be taken to bring on terms of equality with other persons the mem-
bers of under-privileged castes, races, tribes and groups. Illiteracy
was to be eliminated and free and compulsory primary education
was to be provided for all. Just and humane conditions of work
were to be provided. Children and women were not to be employ-
ed on vocations unsuited to their age and sex. Maternity bene-
fits were to be provided to women in employment. The well-being
of the people was to be secured by raising the standard of living
of the common men, by preventing the undue concentration of
wealth and means of production and distribution in the hands of a
few. All citizens were to have an opportunity to work and earn an
## p. 890 (#932) ############################################
890
PAKISTAN
ser-
adequate livelihood and enjoy reasonable rest and labour. All
persons were to be provided with compulsory social insurance. The
basic necessities of life such as food, clothes, housing, education
and medical treatment were to be provided for citizens who were
unable to earn their livelihood on account of infirmity, disability,
sickness or unemployment. Administrative offices and other
vices were to be provided in places where they would best meet the
convenience and requirements of the public. No citizen was to be
denied entry into the services of Pakistan on the ground of race,
religion, caste, sex or place of residence or birth. Persons from all
parts of Pakistan were to be allowed to serve in the defence ser-
vices of Pakistan.
The Constitution provided for a unicameral Central legislature
known as the National Assembly of Pakistan. It had 156 mem-
bers, half of which were elected from East Pakistan and the other
half from West Pakistan. Three seats from each province were
reserved exclusively for women. The National Assembly was to
sit for 5 years but it could be dissolved earlier.
The President of Pakistan was to be elected by an Electoral
College of Pakistan consisting of 80,000 electoral units. Provision
was made for the removal of the President by the National Assembly
on the ground of his incapacity. The matter was required to be
referred to a Medical Board for final disposal. Provision
made for the impeachment of the President before the National
Assembly. However, if less than half of the total number of the
members of the National Assembly voted in favour of the resolu-
tion, the members who gave notice of the resolution were to cease
to be the members of the National Assembly forthwith after the
declaration of the result of the voting. The executive authority
of the Republic of Pakistan was vested in the President. To
assist him in the performance of his functions, the President could
appoint a Council of Ministers who were to be taken from the
members of the National Assembly. Provision was made for the
appointment of an Attorney-General for Pakistan by the President.
The President was given the power to grant pardon, reprieves and
respites. He could remit, suspend or commute
any
sentence
passed by any court, tribunal or other authority. Certain legis-
lative powers were also given to the President which could be ex-
ercised by him in times of an emergency or at a time when the
National Assembly was not sitting.
Provision was made for the establishment of an Advisory Council
of Islamic Ideology. The function of the Council was to make
recommendations to the Central Government and Provincial Gov-
ernments regarding the means of enabling and encouraging the
was
## p. 891 (#933) ############################################
CONSTITUTION OF 1962
891
Muslims of Pakistan to order their lives in all respects in accordance
with the principles and concepts of Islam. Provision was also
made for the establishment of an Islamic Research Institute whose
function was to undertake Islamic research and instruction in
Islam for the purpose of assisting in the reconstruction of Islamic
society on a truly Islamic basis.
The Constitution made both Bengali and Urdu as the national
languages of Pakistan. However, English language could be used
for official and other purposes until arrangements for its replace-
ment were made. The President was required to set up a Com-
mission in 1972 to examine and report on the question of the re-
placement of the English language for official purposes.
Provision was made for the establishment of a Supreme Court of
Pakistan. The President was to determine the number of the
judges of the Supreme Court. The Supreme Court was given
original, appellate and advisory jurisdiction. It was given the
power of review. There was to be a High Court in each province
of Pakistan. Provision was also made for the establishment of the
Supreme Judicial Council for Pakistan consisting of the Chief
Justice of the Supreme Court, two next seniormost judges of the
Supreme Court and the Chief Justice of each High Court. The
Council was required to issue a Code of Conduct to be observed
by the judges of the Supreme Court and High Courts. The Coun-
cil could be asked to enquire whether a particular judge of the
Supreme Court or a High Court was fit or not to perform his duties
and the President was required to act upon the report of the
Council.
Provision was also made for the establishment of the National
Finance Commission whose duty was to make recommendations to
the President with respect to the distribution between the Central
Government and the Provincial Governments of the proceeds of
certain taxes. Provision was also made for the establishment of
National Economic Council whose duty was to review the overall
economic position of Pakistan, formulate plans with respect to
financial, commercial and economic policies and economic develop-
ment of Pakistan and inform the Central and Provincial Govern-
ments of those plans.
Provision was made for the Governor of each province who was
to be appointed by the President and who was subject to his direc-
tions in the performance of his duties. The Governor could ap-
point a Council of Ministers from the members of the National
Assembly. Each province of Pakistan was given a legislature of
one house known as the Assembly. The Assembly of each pro-
vince consisted of 155 members. However, 5 seats were reserved
## p. 892 (#934) ############################################
892
PAKISTAN
one.
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964. It en-
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#935) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. " The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced. The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to medical
## p. 893 (#936) ############################################
892
PAKISTAN
one.
It en-
for women in each province and they were entitled to contest
other seats also.
The Constitution of 1962 was criticized on the ground that it
provided for a unicameral legislature both at the Centre and the
provinces. That innovation was not considered to be a desirable
It was contended that the principles of law-making should
have been made justiciable. It was also contended that the system
of indirect elections was not conducive to the development of demo-
cratic institutions in Pakistan. The provision in the Constitution
that only that person should be appointed the Defence Minister of
Pakistan who had once held a high office in the defence services of
Pakistan was not desirable as that was likely to make the military
very strong. He was likely to dominate the deliberations of the
cabinet. It was also contended that the Islamic character of the
Republic might give encouragement to the ultra religious and
fanatical sections of the people of Pakistan and that might stand in
the way of the social and economic development of the country.
The first amendment of the Constitution was made in December,
1963 and assented to by the President in January 1964.
umerated and defined the fundamental rights and rendered them
justiciable. It abolished the terms principles of law making and
principles of policy and restored the earlier terms, fundamental
rights and principles of policy. Another significant departure in
the Constitution was made in 1964 not by legislative amendment
but by judicial decision. The Supreme Court of Pakistan declared
the President's order which allowed ministers appointed from the
National Assembly to retain their seats as legislators, null and void.
By doing so, the Supreme Court of Pakistan established the doctrine
of judicial review. Another development took place in Pakistan.
The party system was allowed to develop after the passing of the
Political Parties Act, 1962 and President Ayub Khan himself be-
came the President of the Pakistan Muslim League in December,
1963. There also grew up the parliamentary Opposition in the
country. In January 1965, the presidential election took place
under the Constitution of 1962 and President Ayub Khan was re-
elected President by a comfortable majority. However, there was
stiff opposition led by Miss Fatima Jinnah. The contemporary
opinion was that if the elections had been direct, Ayub Khan would
have been defeated.
REFORMS UNDER AYUB KHAN
Many reforms were carried out by President Ayub Khan during
his tenure of office. Following the Land Reforms Commission's
## p. 893 (#937) ############################################
REFORMS UNDER AYUB KHAN
893
Report which was accepted by the President in January 1959, 6,000
landlords of West Pakistan were forced to surrender irrigated lands
measuring more than 500 acres and non-irrigated lands of more
than 1,000 acres. Only about 6 million acres were allowed to be
retained by them and the excess totalling two million acres, was
distributed among one and a half lac of tenants, benefiting half a
million people. The tenancy system was rationalized giving the
farmer certain safeguards regarding tenure and his share of pro-
duce. Some nine million acres of small, fragmented holdings were
consolidated. By and large, a basic change in Pakistan's agrarian
structure was initiated for the first time since independence.
In August 1959, the Commission on Education submitted its re-
commendations. Till then, allocation by the Central and Provincial
Governments had been meagre. Trained teachers had been few and
schools even less. To end indiscipline among students and to re-
move their regionalism, the Commission called for a "Revolution
in attitudes. ” The recommendations of the Commission were
severely criticized but the basic principles have survived. Those
are that in primary education the main emphasis should be on
quantity, in the secondary stage on vocational training and in higher
education on quality. President Ayub Khan wanted to have a com-
mon script for Urdu and Bengali as a unifying force in the country
but he could not carry it out on account of opposition.
The economic situation in Pakistan was very difficult when Ayub
Khan took over. By stringent measures, the economy was gradual-
ly restored. In May, 1959, an Economic Council was set up. By
December, 1959, the outlines of the Rs. 10,000 million Second Five
Year Plan were announced.
The emphasis continued to be on
private enterprise. However, two major changes were introduced.
The new Plan was given a philosophy and the economy was given
an institutional structure. Heavy industries, steel plants and oil
refineries were established. An export policy was evolved in the
field of agriculture. New lands were reclaimed. An Ordinance
of 1959 gave power to the Government to take over lands left
uncultivated for two years. The entire agricultural credit system
was organised. The Indus Basin Programme, financed under the
treaty signed in 1960 by Pakistan, India and the World Bank, was
put through. Substantial results followed. In the field of social
welfare, a beginning was made with the Industrial Disputes
Ordinance of 1959. A new machinery was provided to resolve
labour disputes. Conciliation proceedings were made compulsory.
In 1961, another Ordinance created rules for fixing minimum wages
in different industries. Social security with regard to
medical
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894
PAKISTAN
treatment, injury, etc. , was introduced. Muslim family laws were
modernized.
OPPOSITION TO AYUB KHAN
In spite of all this, opposition to Field Marshall Ayub Khan be-
gan to grow. The people were not prepared to put up with a
dictatorship permanently. Sheikh Mujib-ur-Rehman, the leader of
East Pakistan Awami League, put forward 6 demands before the
Government. The Constitution of Pakistan must be federal, with
parliamentary form of Government and a legislature directly elect-
ed on the basis of adult franchise. The federal subjects must be
limited to Defence and Foreign Affairs only. There should be
separate currencies for the two Wings of Pakistan freely convert-
ible into each other or in the alternative one currency subject to
statutory safeguards against flight of capital from the East to the
West Wing. The powers of taxation and revenue collection were
to be vested in the federating states. The Centre was to be financed
by the allocation of a share in the state's taxes. Separate foreign
exchange accounts were to be kept for East and West Pakistan.
The requirements of the Federal Government were to be met by
the two Wings in equal proportions or on any other fixed basis as
may be agreed upon. East Pakistan was to be self-sufficient in
matters of Defence. An Ordnance Factory and Military Academy
were to be set up in East Pakistan and the Federal Naval head-
quarters were to be located in East Pakistan. General Azam Khan
was also opposed to President Ayub Khan. Air Marshall Asgar
Khan also joined the opposition against Ayub Khan. The Air
Marshall went from place to place and addressed public meetings
in favour of the establishment of democracy in Pakistan and the
overthrow of the regime of Ayub Khan.
PAKISTAN DEMOCRATIC MOVEMENT
On 2 May, 1967, the Pakistan Democratic Movement was
started. The five constituents of the movement were the Awami
League, the Muslim League (Council), the Jamait-e-Islam, the
Nizam-e-Islam and the National Democratic Front. Stalwarts like
Mian Mumtaz Daultana, Chaudhuri Mohammad Ali, Nurul Amin
and Ata-ur-Rehman appeared on the same platform and drew up
an agreed eight-Point programme which contained compromise de-
tails of East and West Pakistan. The objective was to agitate for
a return to the parliamentary form of Government, based on adult
franchise. A federal structure at the centre was agreed to with
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OPPOSITION TO AYUB KHAN
895
responsibility for such subjects as defence, foreign affairs, currency
and federal finance and Inter Wing Communications and Trade.
East Pakistan was to be given a measure of regional autonomy.
There was to be parity between the two Wings in the services in
the civil and defence sectors, It was also agreed that a military
academy and ordnance factory would be set up in East Pakistan
and the headquarters of the Pakistan navy were to be shifted to
East Pakistan.
President Ayub Khan was not happy with the establishment of
the Pakistan Democratic Movement and no wonder he described
the activities of the opposition as “playing with fire. ” He told the
people that the Pakistan democratic movement was designed to
disintegrate the country. Sabur Khan, the Communications Minis-
ter and Leader of the House, described the Pakistan Democratic
Movement as the "Pakistan death movement. " The Dawn describ-
ed the new movement as “Pakistan disintegrating movement. ” The
National Awami Party of Bhasani, with its pro-Peking leanings,
described the Pakistan Democratic Movement as an organisation
of the feudalists and the capitalists. However, the Pakistan demo-
cratic movement did not achieve much and no wonder it was called
a "house of cards” or a "paper tiger”.
On 13 November, 1967, Zulfikar Ali Bhutto set up his People's
Party. The manifesto of his party declared that it stood for the
restoration of democracy and adult franchise. It was to set up a
socialistic pattern of society which conformed to the conditions,
traditions and culture of Pakistan. Mr. Bhutto was really a for-
midable force in the politics of Pakistan on account of his youth
and zeal and also his popularity among the people on account of
his extreme views against India.
On 6 January 1968, the people of Pakistan were told that 28
persons had conspired to bring about the secession of East Pakistan.
Indian instigation was also alleged. It came to be known as the
Agartala conspiracy Among the conspirators, two members of the
Pakistan civil service and some defence personnel were also named.
It was also alleged that Sheikh Mujib-ur-Rehman, the East Pakis-
tan Awami League leader already in detention, was implicated in
the conspiracy
In March 1968, President Ayub Khan was struck down by ser-
ious illness. The news of his illness was kept a secret and that
led to many rumours and doubts with regard to the future of
Pakistan. However, the President recovered after some time and
was able to attend to his duties.
In the meanwhile, hearings in the case entitled the State v. Sheikh
Mujib-ur-Rehman and others began on 19 June, 1968 at the Signals
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896
PAKISTAN
Mess in Dacca Cantonment before a Special Tribunal. The num-
ber of the accused increased to 33. The trial was held under a
new Presidential Ordinance which authorised the acceptance of
confessions and statements made to the police as admissible evidence
against the accused. Protests came in from the Bars of Dacca
and Karachi. Surprisingly, President Ayub Khan suddenly gave
into these protests and the offending clause was annulled by an-
other special Ordinance. The trial continued.
It appears that by the middle of 1968, the people of Pakistan
had got fed up with the existing regime and were determined to
overthrow it. An attempt was made on the life of the President
but his life was saved. Mr. Bhutto started his frontal attack
against the regime of Ayub Khan. Air Marshall Asgar Khan
toured both the Wings of Pakistan and created a strong public
opinion against Ayub Khan. Mr. Bhutto was prosecuted by the
Government on some very insignificant charges and was put in
jail. The manner in which he behaved in jail and during his trial,
added to his stature. The students also joined the agitation against
President Ayub Khan. There were strikes both in East and West
Pakistan. There were firings. Ultimately, President Ayub Khan
agreed to meet the leaders of the opposition at a round table con-
ference but they refused to do so so long as Sheikh Mujib-ur
Rehman was in detention and the conspiracy case against him was
pending. Ultimately, President Ayub Khan agreed to release Sheikh
Mujib-ur-Rehman and also to withdraw the so-called Agartala
conspiracy case. President Ayub Khan declared that he would not
stand for election as President in 1970. In spite of this, agitation
against him continued.
GENERAL YAHYA KHAN (1969)
All of a sudden, President Ayub Khan declared on 25 March,
1969 that he had handed over the administration of Pakistan to
General Yahya Khan, the Commander-in-Chief of Pakistan and
appointed him as the Chief Martial Law Administrator. After
assuming charge, General Yahya Khan declared the dissolution of
the National and Provincial Assemblies and placed the two wings
of Pakistan under the charge of two Administrators, one for West
Pakistan and one for East Pakistan. General Yahya Khan also
abrogated the constitution of 1962. Six days after, (31st March,
1969), General Yahya Khan appointed himself the President of
Pakistan. The new regime has been recognised by all the countries
and some sort of normalcy prevails in the country. However, the
leaders of Pakistan are declaring in unequivocal terms that General
## p. 897 (#941) ############################################
FOREIGN POLICY OF PAKISTAN
897
Yahya Khan must restore the democratic institutions as soon as
possible.
FOREIGN POLICY OF PAKISTAN
It seems desirable to refer to the foreign relations of Pakistan
since 1947. To begin with, Pakistan followed an independent
foreign policy without joining one bloc or the other. She expressed
her opinions openly and frankly on all international issues. On
colonial matters, she criticised the policies of the great Powers. In
1951, her representative declared in the United Nations: "We are
convinced that had these Powers not been tempted by these glittering
prizes, mistakenly so regarded, there would certainly have been no
war in 1914 and almost certainly none in 1939. So long as there
is a victim, there will always be aggression. These wrongs, in-
equalities and oppressions must be set right voluntarily, speedily
and in all humility. ” Pakistan pleaded the cause of Palestine and
bitterly criticized the Great Powers for creating the Jewish state of
Israel. Pakistan took up a very strong stand on the question of
the Italian colonies. She successfully advocated the unity and
independence of Libya. She also advocated the cause of Tunisia
and Morocco for their independence. She took up the cause of
Indonesia against the Dutch Government. She supported Iran
against Great Britain on the question of nationalisation of the
Anglo-Iranian Oil Company. On many occasions, Pakistan sided
with the Western powers.
When North Korea attacked South
Korea in 1950, Pakistan supported the action taken by the United
Nations and condemned North Korea for obstructing the task of
the United Nations Commission. When the Japanese Peace Treaty
was signed, Pakistan supported the United States. Pakistan was
one of the first countries which recognised the Communist Govern-
ment of China and established diplomatic relations with her. She
supported the admission of Red China into the United Nations.
Her relations with Great Britain have been cordial on the whole.
She received a lot under the Colombo Plan. The Commonwealth
Development Finance Company contributed towards capital requir-
cd for the Sui Gas Project. Great Britain supplied £210,000 worth
of textile equipment for the Dacca Institute of Textile Technology.
The attitude of the British Government has always been sympathetic
towards Pakistan on the question of Kashmir. As a matter of fact,
the Pro-Pakistan attitude of the British Government during the Indo-
Pakistan War of 1965 was very much resented in India.
The relations between Pakistan and the United States have been
very intimate. In 1950, Prime Minister Liaquat Ali Khan visited
## p. 898 (#942) ############################################
898
PAKISTAN
the United States on the invitation of the American Government.
In 1951, the United States started giving economic and technical
aid to Pakistan. During the first 6 years, the American aid totalled
$528,976,810. In 1954, Pakistan was in need of extra financial
help to set up her defence programme and the American Govern-
ment agreed to increase her help to Pakistan about $100,000,000 a
year.
The Governments of Pakistan and the United States were
jointly engaged in a large number of development projects in Pakis-
tan. In 1951-52, Pakistan was threatened with crop failure and
the Export and Import Bank in Washington provided a loan of 15
million dollars with interest at the rate of 21/2% per annum for the
purchase of wheat. In 1953, the American Government made a
gift of one million tons of wheat to Pakistan. The American Gov-
ernment sent 50 to 60 thousand pounds of medical supplies to flood-
victims of East Pakistan in 1954. A large number of experts were
also sent to control the spread of epidemics. The American Gov-
ernment supported Pakistan on the question of Kashmir. She also
took keen interest in bringing Pakistan and India together for the
settlement of the Kashmir problem. It was with the help of the
American Government that the Indus Basin problem was solved.
On 19 May, 1954, the Mutual Defence Assistance Agreement was
signed between Pakistan and the United States. The United States
was to make available to Pakistan such military equipment, materials,
services or other assistance as was necessary to develop her defence
potential. Under this agreement, Pakistan received a lot of mili-
tary help from the American Government and the same was used
by her against India in 1965. On 5 March, 1959, a bilateral
agreement of cooperation was signed between Pakistan and the
United States. The American Government agreed to help Pakis-
tan in case she was attacked by another country. Some unpleasant-
ness was created between the two countries on account of American
help to India after the Chinese invasion of India in October-
November, 1962. The Pakistan Government contended that the
military help given by the United States to India would be used
not against China but against Pakistan. As the American Govern-
ment continued to give help to India, Pakistan started looking in
other directions for help and friendship. In March 1963, Pakistan
entered into an agreement with Red China to demarcate the com-
mon border between the two countries. As a result of the agree-
ment, Pakistan got 750 square miles and China got 2,050 square
miles of territory. Red China also gave a lot of military help to
Pakistan. She also declared that she would stand by her in the
event of a war between India and Pakistan. When Pakistan
attacked India in 1965, the United States was put in a very awkward
## p. 899 (#943) ############################################
FOREIGN POLICY OF PAKISTAN
899
position. The Government of India represented to the United
States that the American arms were used against her and asked
her to stop the same. However, the American Government was
helpless. She tried her best to bring the war to a close. She en-
couraged the efforts made by the Soviet Union to bring India and
Pakistan together at Tashkent. During the war and even after that,
the United States imposed an embargo on the supply of arms to
India and Pakistan so that they may not fight again. As a result
of the pressure put on her, she agreed to sell parts to Pakistan.
She also resumed economic aid to Pakistan. In spite of all this, the
relations between Pakistan and United States are not so cordial
as they were before. China is the enemy of the United States
and that very China is the friend of Pakistan. Pakistan has estab-
lished very friendly relations with the Soviet Union and received a
lot of economic and military help from that country. It is obvious
that the United States cannot rely upon Pakistan on account of her
alignment with Red China and the Soviet Union.
THE CENTO
On 17 September, 1955, Pakistan became a member of the
Baghdad Pact and even when its name was changed to Central
Treaty Organisation, she continued to be its member. Pakistan is
also a member of the SEATO. Pakistan has very cordial relations
with Iran and no wonder Iran gave a lot of military help to Pakis-
tan before or after the Indo-Pak war in September, 1965. The
relations between India and Pakistan have always been strained.
An atmosphere of cordiality is more an exception than the rule.
After the partition of India and the establishment of Pakistan,
many disputes arose between the two countries and those have not
been satisfactorily solved. A lot of ill-will was created between
the two countries on account of the wholesale killings on both the
sides after 15 August, 1947. In October, 1947, Pakistan attacked
Kashmir and as the latter acceded to India, Indian forces were
sent to the valley and the raiders were turned out. The Indus
Basin Water Dispute strained the relations between the two coun-
tries for some time but the matter was settled by the Indus Waters
Treaty signed by the two Governments on 19 September, 1960.
Prime Minister Nehru himself went to Pakistan to sign the treaty.
In spite of this treaty, the relations between two countries did not
improve. When India was attacked by China in 1962, Pakistan
showed her sympathy towards China and would have been willing
to attack India if the circumstances so permitted. In August 1965,
Pakistan sent her infiltrators into Kashmir and ultimately attacked
## p. 900 (#944) ############################################
900
PAKISTAN
the Chhamb area of the State of Jammu and Kashmir. She was
able to conquer some territory. The Indian armies opened the
Lahore front and then through the good offices of the Soviet Union
and the United Nations, a cease-fire was ordered. President Ayub
Khan and Prime Minister Lal Bahadur Shastri went to Tashkent
and on 10 January 1966, the famous Tashkent declaration was
made under the signatures of President Ayub Khan and Lal Bahadur
Shastri. India and Pakistan declared their firm resolve to restore
normal and peaceful relations between their countries and to pro-
mote understanding and friendly relations between their peoples.
It was agreed that the armed personnel of the two countries would
withdraw not later than 25 February, 1966 to the positions they
held prior to 5 August, 1965. The relations between the two
countries were to be based on the principle of non-interference in the
internal affairs of each other. Both sides were to discourage pro-
paganda directed against the other country and were to encourage
propaganda which promoted the development of friendly relations
between the two countries. Prisoners of war were to be repatriated.
In spite of the Tashkent Declaration, the relations between the two
countries are not happy.
In a way, Pakistan has been able to place herself in a very strong
position. She is a friend of Great Britain. She can rely upon both
.
economic and military assistance from the United States. She is
also receiving economic and military assistance from the Soviet
Union. She has the most intimate relations with Red China. It
appears that all the Great Powers of the world are out to win the
goodwill of Pakistan.
## p. 901 (#945) ############################################
CHAPTER XXXVII
THE INDIAN STATES SINCE 1919
BEFOI
EFORE the independence of India, there were a large number of
,
Indian States. Some of them like Hyderabad, Mysore and Kashmir
were very big while others were very small covering an area of
only a few square miles. Those States were in various stages of
development. Some States like Mysore were so much advanced
that they could compare with any province of British India. There
were others which were governed by autocratic rulers and the
people had no voice in the administration. Some of the States
were the personal property of the Chief. The revenue of some
States ran to crores of rupees while that of some was not more than
a few lakhs. Some of them were in a very backward condition.
However, the Government of India exercised its paramountcy over
all of them through its Political Department. Whatever their own
position in their own States, all the Indian Rulers were under the
thumb of the Political Department. The latter exercised its con-
trol in various ways. Any advice given by the Political Depart-
ment was a command for the rulers. The Government of India
claimed the right to control and use of all titles, honours and salutes
of the rulers of the Indian States. No ruler could accept any
foreign title without the consent of the British Government. Any
ruler could be deposed or forced to abdicate. The Government of
India asserted its right of wardship over minor princes including the
right to control their education. It had the power of establishing a
regency whenever a prince was a minor or he was temporarily sus-
pended or permanently exiled from the State. The subjects of the
Indian States had to apply to the Government of India for passports
to go out of India. The Government of India had complete con-
trol over the issue of all licences for arms and ammunitions.
