This document is a thesis submitted to the Department of Political Science at the University of Punjab in Lahore, Pakistan to fulfill the requirements for a Doctor of Philosophy degree. It examines the concept and practice of federalism in Pakistan between 1947-1958, as the country established its first federal constitution after gaining independence. The thesis contains 8 chapters that provide historical context on federalism in British India, analyze the problems and issues with implementing federalism in Pakistan, discuss the federal systems under the interim constitution of 1947 and the constitution of 1956, and evaluate the performance and workings of federalism during this period. It uses primary sources like government documents and constituent assembly debates to undertake a theoretical, comparative and analytical examination of federalism in Pakistan during its early
This document is a thesis submitted to the Department of Political Science at the University of Punjab in Lahore, Pakistan to fulfill the requirements for a Doctor of Philosophy degree. It examines the concept and practice of federalism in Pakistan between 1947-1958, as the country established its first federal constitution after gaining independence. The thesis contains 8 chapters that provide historical context on federalism in British India, analyze the problems and issues with implementing federalism in Pakistan, discuss the federal systems under the interim constitution of 1947 and the constitution of 1956, and evaluate the performance and workings of federalism during this period. It uses primary sources like government documents and constituent assembly debates to undertake a theoretical, comparative and analytical examination of federalism in Pakistan during its early
This document is a thesis submitted to the Department of Political Science at the University of Punjab in Lahore, Pakistan to fulfill the requirements for a Doctor of Philosophy degree. It examines the concept and practice of federalism in Pakistan between 1947-1958, as the country established its first federal constitution after gaining independence. The thesis contains 8 chapters that provide historical context on federalism in British India, analyze the problems and issues with implementing federalism in Pakistan, discuss the federal systems under the interim constitution of 1947 and the constitution of 1956, and evaluate the performance and workings of federalism during this period. It uses primary sources like government documents and constituent assembly debates to undertake a theoretical, comparative and analytical examination of federalism in Pakistan during its early
Federalism in Pakistan:
1947 - 58
DATA ENrerEp
Muntzra NazirA thesis submitted to the
Department of Political Science
University of the Punjab, Lahore,
in fulfillment of the requirement
for the Degree of Doctor of PhilosaphyTitle
LIST OF TABLES
PREFACE
INTRODUCTION
1 Federalism
ii Federalism: The Concept
a) Supremacy of the Constitution
b) Format Division of Powers
c} Independent Judiciary
th Way Federalism
iv. Faderalism in Historical Perspective
Vv The Development of the Theory of Federalism
vi. Federalism Today
vii Some Leading Federal Systems
a) USA
b) Canada
c} The Australian Federation
d) ‘The Indian Federation
FEDERALISM IN BRITISH INDIA
ti
iv.
v.
vi
vii
The East India Company Rule
Center-Province Relations Under the
British
The Indian Council Act - 1892
The Government of India Act 1909
The Government of India Act 1919
The government of India Act 1935
Towards Independence
56OU
vi
PROBLEMS AND ISSUES OF FEDERALISM
IN PAKISTAN 90
i initial Administrative Problems.
ii Diversities Between East and West Pakistan
a) Geographic Noncontiguity
b) Topagrapny
c) Economic Disparities
d) Representation in Mititary and Civil Services
iii Disparities within the Western Region
Nv The Punjab and other Provinces/Regions
v Major Constitutional Issues
a) Representation
b) Provincial Autonomy
c) The Language Controversy
d) Joint or Separate Electorate
FEDERALISM UNDER THE INTERIM
AND THE 1956 CONSTITUTION 134
1 The Powers of Governor Gerierat
i, Administrative Relations
ML Financial Relations
iv Federal System under the 1956 Constitution
a) Legislative Powers
b) Emergency Powers
c} Administrative Relations
d) Financial Relations
Vv. A Comparative Review
THE PERFORMANCE OF FEDERALISM 1947-58, 160
i Role of the Governor Generat
a) Separation of Karachi
b) The Language Controversy
w Dismissal of Provincial Governments
te Financial Relations
THE WORKING OF FEDERALISM 1954-56. 183
i The One Unit Scheme
ii East Pakistan and the Central GovernmentVit
vill
FEDERALISM UNDER THE 1956 CONSTITUTION 209
i
Hi
iii
\v
v.
The Use of Emergency Powers
Rate of the Provincial Governor
The One Unit Scheme
East Pakistan’s Growing Alienation
Financial Relations
CONCLUSIONS 230
Appendices 256
t
My
The Distribution of Subjects under the Government
Of India Act 1935
The Distribution of Subjects under the Interim
Constitution
The Distribution of Subjects under the 1956.
Constitution.
Select Biblograpty 310Table No.
VIL
LIST OF TABLES
ithe
Demographic Differences
Military Officers (1955)
East-West Representation in the Higher Ranks of
The Central Secretariat
The Aflocation of Central Funds to East and
West Wings (1947-58)
Allocation to the Provinciat Governments from
Central Revenues
Development Loans made Available to the
Pravincial Governments
Removal! and Dismissal of Provincial Governments.
1947-58
Page.
98
106
101
178
224
225
250PREFACE
The major purpose of this research is to analyze and evaluate the
nature and dynamics af the federal system in Pakistan under the 1947
interim constitution and the 1956 constitution, This period of Pakistan's
history (1947-58) marks the emergence of Pakistan as an independent
and sovereign state and encompasses the efforts to frame the first federal
constitution. Constitution making in Pakistan was unduly delayed for a
fost of reasons. A major issue that baffied the constitution makers
pertained to the federal structure. This study examines the problems,
which the constitution makers encountered while evolving a federal
constitution. This study critically examines the efforts made by Pakistan's
political ieaders and the Constituent Assemblies to work out a federal
system in the face of social, palitical, economic and geographic
diversities’, especially between the then East Pakistan and West Pakistan
and how did the framers of the constitution solve these problems?
This work also identifies and analyzes the social, economic and
political forces that shaped Pakistan's federal structure and influenced its
actual working during 1947-58 The focus is mot merely on the
Constitutional provisions but on the actuat working ui the institulions and
processes. The role of the potitical leaders, political parties and the stateinstitutions like the bureaucracy Has been Jooked into to understand why
could not the federa) system create a political partnership of trust and
confidence amongst the constituent units of the federation. As some of the
issues and problems pertaining to federalism are still being debated in
Pakistan, the study acquires Contemporary relevarice.
The study of federatism in Pakistan has been undertaken with a
theoretical and historical backdrop. The concept federalism its meanings
and essentials as well as the reasons for adoption of federalism by
different states have been discussed. The study also offers a historical
and comparative review of the evolution of faderal system and outlines the
features of some of the leading federal systems like the U.S., Canada,
Australia and India These theoretical perspectives enable us to identify
the minimum conditions for establishment and working federations,
although the operationalization of these conditions and features vasies
from state to state. The peculiar political, economic, geographic, socio-
cultural conditions as wel) as the historical and political experiences of a
State have to be taken into account for evalving and evaluating a federal
system. The minimum conditions of federalism identified in the study have
been used to evafuate Pakistan's federal experiences. Attention has also
been given to the evojution of federal system in Britis ndia as a legacy
that influenced federalism in Pakistan, 1947-58. The present study
combines theoretical, comparative, historical and analytical perspectivesit
to critically examine federalism in Pakistan not only in terms of
constitutional provisions but also how it actually functioned.
The thesis is spread over eight chapters. The first chapter sets out
the theoretical parameters of the study. The second chapter traces the
gradual introduction of the federal system in the British india through
various constitutional measures. The third chapter focuses on the different
issues and problems that affected the efforts to evolve a federal system in
Pakistan. These aiso had implications for the working of federalism in
Pakistan, heavily tilting the balance of power in favour of the center. The
fourth chapter gives an insight into the nature of the federal systems
established under the interim constitution 1947 and the 1956 constitution.
it outlines the division af powers between the center and provinces in the
administrative, legislative and financial spheres. The subject matter of fifth,
sixth and seventh chapters is the actual performance of the federal system
under the two constitutions (interim and the 1956). These chapters
encompass the crux of relationships between the center and provinces,
highlight the traubled political experience of Pakistan, pull together the
Strings of the study and draw concfusions therefrom,
The name of East Bengal was officially changed to East Pakistan in
1955 with the adoption of the One Unit Scheme in West Pakistan, This
was incorporated in the 1956 constitullon However. the name East
Pakistan has been used in this sludy even for the earlier periodThis study has used primary as well as secondary sources. Public
documents like the government reports/publications, debates of the two
Constituent Assemblies and the West Pakistan Assembly were
extensively used, The constitutions (1935, 1947 and 1956) and relevant
laws and press statements by the government officials were also used
Reports of various departments offered useful informations. Newspapers
were also relied on to collect data, especially to obtain deciarations and
statements of the Prime Ministers, cabinet members and other political
leaders.
Lacknowedge my indebtedness and deep sense of gratitude ta my
thesis supervisor, Or. Hasan Askari Rizvi who spared time from his busy
academic schedule His scholany guidance and encouraging attitude
enabled me to remove some of the shortcomings in the work,
My special thanks go to my colleagues and teachers especially
Professor Saeed Osman Malick who has been a source of
encouragement.
{ also gratefully acknowledge the cooperation extended to me by
the staff of the central and Politica! Science Department libraries of the
University of the Punjab, Quaid-i-Azam Library, NIPA Library and the
Library of the Punjab Provincial Assembly.