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Constitutional legacy of colonial rule

Legacies mean those customs, traditions, practices, patterns of beliefs, rules,


etc which are inherited by a political system from the past and which make a
lasting impact upon the working of the political system for years to come. In this
unit we shall discuss some of the important colonial legacies and legacies of
the Freedom Movement.

India, as we know, was under the British rule for nearly two hundred years. The
East India Company was formed in England in1600. It came to India initially for
trading purposes. However, taking advantage of such factors as the downfall of
the Mughal Empire by the end of the 18th century, the consequent
disintegration of a centralised administration and the rise of many local rulers
who fought among themselves, the East India Company began to transform
itself from a commercial concern into a territorial power. The victory of the
Company’s forces in the battle of Plassey in 1787 against Siraj-ud-Daulah, the
Nawab of Bengal laid the foundations of the British Empire in India. After the
Revolution of 1857, the power of governance of India was taken away from the
East India Company and India was put directly under the control of the British
Crown implying the British Government. Thus India became one of the most
treasured colonies of the British Empire. The impact of British rule in India was
widespread in nature. In this unit we shall discuss some of the important
legacies that the Indian political system inherited from the colonial rule of the
British.

At the same time, the Indian Freedom Movement under the leadership of
Mahatma Gandhi greatly influenced the society and polity in India in terms of
the ideals cherished during the struggle. Accordingly, we shall also discuss in
this unit some of the legacies that the Indian Political system has inherited from
the heroic freedom struggle.
COLONIAL LEGACIES

The British ruled India for two hundred years. During this long span of time
several legislations were enacted to facilitate smooth administration of the
country. After a long struggle against British colonial rule, India finally attained
independence in 1947. But the struggle for the attainment of independence was
not the end of the movement. In fact it was the beginning of a new process of
struggle for the newly born country who had just freed itself from the shackles
of British rule. To make the process of transition easier, the architect of the
nascent country decided to retain most of the administrative and political
measures of the British Raj. The system handed over by the British and
followed by the Indian system is known as the colonial legacy.

Establishment of Central Authority and a Unified Administrative System: The


British for the first time brought the whole subcontinent under one imperial rule.
Under the British rule, a unified administrative system became possible. Based
on the Mughal system, the British established a uniform system which reached
out even to the remotest areas of the country and created a single
administrative system.
· Three pillars of the British rule – The bureaucracy, police and the army were
the back bone of the British Raj in India. Provision of law and order was an
important contribution of the British rule. The successor of the Indian Civil
Service known as the Indian Administrative service still continues to be the
“steel frame” upon which the independent nation’s stability and development
chiefly depends.

Western Education through English medium: The British rule in India set in
motion a vast chain of changes which continue to operate even today. Western
education helped to bring Indians face to face with modern concepts of
equality, liberty, justice and democracy. It helped to change the attitude and
outlook of the people and paved the way for the creation of a modern Indian
society.

Creation of a Middle Class:


The introduction of Western education through the medium of English language
helped create a new class— English-educated, exposed to the ideas of liberty,
democracy and socialism. While some of them became members of the Indian
Civil Service, some others took to social reform, law, journalism and other
professions like medicine and accounting. This was the new middle class of
India. Through this class, the British ruled the country. At the same time, from
this class, political leadership emerged to challenge the British rule in India.
This class eventually inherited power from the British rule, playing a dominant
role in the future development of the country.

Use of the English language:


During the British regime English served as the official language for the entire
country. Even today English continues to be the official language. It serves as
the lingua franca and as a medium of higher education. Our constitution and
laws have been written in English. This legacy continues even today.

QUAID-E-AZAM VISION ABOUT THE NATURE OF THE STATE

The Quaid spelled out his vision in his speech of August 11, 1947 in the
mother legislative assembly — rightly described as his Magna Carta for
Pakistan, that:

• Jinnah’s Pakistan — all its citizens will be equal, they will enjoy equal rights
— irrespective of caste, creed, colour or gender; they will be free to practise
their religions, go to their temples, mosques and churches, etc.

• Islamic socialism and secularism — according to the Quaid — were not a


contradiction of Islam but its true manifestation.

• That’s why the Quaid separated religion from state management and
declared categorically that Pakistan would not be a theocratic state.

However, after his death (Sept 11, 1948), his dream of Pakistan as a modern,
democratic, liberal and secular state was waylaid by the power troika
comprising the military, civil and judicial bureaucracy backed by the feudal.
From a social welfare state Pakistan was converted at gunpoint into a security
state (garrison state) supported by religious groups that had opposed all three
Muslim greats — Sir Syed Ahmed Khan, Allama Sir Muhammad Iqbal and the
Quaid.

While observing his death anniversary we must understand the dynamics of


history. We have before us the most recent example of the break-up of the
Soviet Union. It had the biggest military in the world and none could save it
from disintegration and collapse as it could not sustain its population, provide
it succour and socio-economic well-being or bear the heavy load of a back-
breaking Praetorian establishment.

Islamic Economic System


The rise of Capitalism is ascribed to Adam Smith of Scotland. It continued but
the early part of 20th century saw the dawn of Communism which could not last
for a century and petered out by the end of 1980s. Now the whole world is in
search of a new economic system. “Free Market Economy” is much talked in
the hitherto capitalistic world and in China it is known as “Socialistic Free
Market Economy”. No country has any clear cut and well defined economic
system. Quaid, in his inaugural speech delivered on July 01, 1948 on the
establishment of State Bank of Pakistan, had advised that Pakistan should not
follow Western Economic System. He advanced two arguments in this respect.
Islamic Social Justice
Quaid’s vision of Pakistan was to evolve Islamic Social Justice to establish
social stability through narrowing gap between haves and have-nots. He
visualized the adoption of principles of Islamic Social Justice to be followed. In
this respect, extracts from his address to Civil, Naval, Army and Air force
Officers delivered on October 11, 1947 in Khaliqdina Hall, Karachi.
Pakistan: Optimizing the Exploitation of Unlimited Resources
For development of a country, the urgent need is to exploit the resources of all
types Quaid had visualized the existence of unlimited resources in Pakistan
and urged upon the stakeholders to exploit these to our advantage.
Enormous Resources and Potentialities
Quaid’s vision had forecasted the presence of enormous resources and
potentialities in Pakistan. He had urged all of us to make the best of these
resources to our advantage.
Human Resource for Economic Development
Human resource (HR) development is considered as a pre-requisite for
economic development. It is firmly believed that man behind the machine is
very important. Nations who invest in HR continue to develop and exploit the
resource to their advantage. Human Capital has emerged as a driver for
economic development. Quaid had visualized these aspects.
Education as Economic Driver
Several countries of the world have achieved socio-economic development by
using education as an economic driver. Quaid’s vision in respect of using
education as an economic driver was contained in his several speeches.
However we have selected his two speeches. The first one has been extracted
from his message to All Pakistan Educational Conference, Karachi on
November 27, 1947. He emphasized on the purpose of education and laid
stressed on technical and vocational education and on character building.

The Objectives Resolution (1949)

Objectives Resolution is one of the most important documents in the


constitutional history of Pakistan. It was passed by the first Constituent
Assembly on 12th March 1949 under the leadership of Liaquat Ali Khan. The
Objectives Resolution is one of the most important and illuminating documents
in the constitutional history of Pakistan. It laid down the objectives on which the
future constitution of the country was to be based and it proved to be the
foundational stone of the constitutional development in Pakistan. The most
significant thing was that it contained the basic principles of both Islamic
political system and Western Democracy. Its importance can be ascertained
from the fact that it served as preamble for the constitution of 1956, 1962 and
1973 and ultimately became the part of the Constitution when the Eighth
Amendment in the Constitution of 1973 was passed in 1985.

Objective Resolution was presented in the Constituent Assembly by Liaquat Ali


Khan on March 7, 1949 and was debated for five days by the members from
both the treasury and opposition benches. The resolution was ultimately
passed on March 12. Following were the main features of the Objectives
Resolution:

1. Sovereignty of the entire Universe belongs to Allah alone


2. Authority should be delegated to the State trough its people under the
rules set by Allah
3. Constitution of Pakistan should be framed by the Constituent Assembly
4. State should exercise its powers through the chosen representatives
5. Principles of democracy, freedom, equality, tolerance and social justice,
as inshore by Islam should be followed
6. Muslims shall live their lives according the teaching of Quran and
Sunnah
7. Minorities can freely profess and practice their religion.
8. There should be Federal form of government with the maximum
autonomy for the Units
9. Fundamental rights including equality of status, of opportunity and
before law, social, economic and political justice, and freedom of
thought, expression, belief, faith, worship and association, subject to law
and public morality should be given to all the citizens of the state.
10. It would be the duty of the state to safeguard the interests of minorities,
backward and depressed classes.
11. Independence of judiciary should be guaranteed
12. Integrity of the territory and sovereignty of the country was to be
safeguarded
13. The people of Pakistan may prosper and attain their rightful and honored
place amongst the nations of the world and make their full contribution
towards international peace and progress and happiness of humanity.

Liaquat Ali Khan explained the context of the resolution in his speech delivered
in the Constituent Assembly on March 7, 1949. He termed the passage of the
Objectives Resolution as “the most important occasion in the life of this country,
next in importance only to the achievement of independence.’. He said that we
as Muslim believed that authority vested in Allah Almighty and it should be
exercised in accordance with the standards laid down in Islam. He added that
this preamble had made it clear that the authority would be exercised by the
chosen persons; which is the essence of democracy and it eliminates the
dangers of theocracy. It emphasized on the principles of democracy, freedom,
equality, tolerance, and social justice and it says that these should be part of
future constitution.

But when it was debated in the session of the Constituent Assembly, it was
opposed and criticized by minorities’ leaders. A non Muslim, Prem Hari
proposed that the motion should be first circulated for evoking public opinion
and should then be discussed in the house on April 30, 1949. He was
supported by Sris Chandra Chattopadhyaya, who proposed some amendments
in the resolution. To him, since the committee of Fundamental Rights had
finalized their report, there was no need for this resolution to recommend these
rights. He added that the Objectives Resolution was amalgamation of religion
and politics; hence it would create ambiguities with relation to its application in
constitutional framework. He wanted time to study and understand the
Objectives Resolution.

While discussing rights of religious minorities, Chandra Mandal opposed the


resolution by saying that ‘why ulemas are insisting on this principle of Islam
whereas India has Pandits but they did not demand things like that. Individual
do have religion but state had not. So we think it a great deviation in our
beloved Pakistan.’ Kumar Datta opposed it by saying that ‘if this resolution
came in life of Jinnah it would not have come in its present form. Let us not do
anything which lead our generation to blind destiny.’ Other Hindu members also
proposed some amendments in the resolution and recommended that some
words like ‘…sacred trust”, “…within the limits prescribed by Him”, and “… as
enunciated by Islam” should be omitted. Some new words should be inserted
like “as prescribed by Islam and other religions”, and “National sovereignty
belongs to the people of Pakistan”, etc.

Mian Muhammad Iftikharuddin was the only Muslim member in the house who
opposed the resolution. To him the resolution was vague and many words used
in it do not mean anything. He further suggested that such a resolution should
not only be the product of Muslim League members sitting in the assembly
alone. Rather it was supposed to be the voice of seventy million people of
Pakistan.
On the other hand Objectives Resolution was strongly supported by Dr. Ishtiaq
Hussain Qureshi, Maulana Shabbir Ahmad Usmani, Sardar Abdurrab Nishter,
Noor Ahmad, Begam Shaista, Muhammad Hussain and others. In order to
counter the allegations they argued that Islam governs not only our relations
with God but also the activities of the believers in other spheres of life as Islam
is complete code of life.

After a great debate finally the resolution was adopted by the Constituent
Assembly on March 12, 1949. Liaquat Ali Khan assured the minorities that they
will get all the fundamental rights in Pakistan once the constitution based on the
Objectives Resolution will be enforced. However, this resolution created a
division on the communal lines as the Muslim members except for Mian
Iftikharuddin voted in favor of it and the non Muslim opposed it. It created a
suspicion in the mind of minorities against majority. Since, the Resolution has
yet not been implemented in Pakistan in the true spirit, the doubts in the minds
of the minorities still exists.
Major Constitutional Issues

Constitution is a set of basic principles and framework for governance and


exercise of political power and legal authority. It clarifies the scope of power,
relationship among various institutions within the government and society. It
has precedence over ordinary laws and cannot be changed like ordinary laws.
The Government of India Act (1935) was modified and promulgated in the
newly state of Pakistan. The elected members in the 1946 elections made the
first Constituent Assembly that faced grievous circumstances.

Major Issues

The major issues, the first constituent assembly faced, were about:

1: Federalism

There was consensus on federalism but yet there were many issues
to be settled. The main was that Pakistan consisted of two territorial
parts, East Pakistan (with more population, less territory but
administratively one unit) and West Pakistan (administratively 4
units). Federalism is meant to accommodate such kind of diversity
maintaining the unity of the state or country.

Division of power:

It was the most difficult question that how the power would be divided
between Centre and the Provinces. The heritage of British rule gave
the tradition of a Strong Centre. But the provinces were demanding
more Autonomy and Provincial Rights.
In the Interim Constitution and the 1956 Constitution tradition of
strong centre continued.

2: Representation

Representation at the federal level was another conflicting issue


because East Pakistan and West Pakistan were different in population
and size. On the other hand there was diversity in Western part
of Pakistan. The provinces of West Pakistan were also different in
population and size. All of them were sensitive to their representation
and provincial autonomy.

To have a Standard Formula for the representation of units and


population the Constituent Assembly (CA) formed a Basic Principle
Committee (BPC) on March 12, 1949. The primary task of this
committee was to frame a set of basic principles for the future
constitution of Pakistan.

First BPC Report:

This committee presented its first report on 28th September 1950.


According to this report two houses of the parliament were proposed.
The lower house was to be elected on the basis of POPULATION and
the upper house was to be elected on the basis of equal
representation for all the provinces of Pakistan namely East
Bengal, West Punjab, Sindh, NWFP and Baluchistan. Equal powers
were proposed for the both Houses. No mention of National Language
was made. East Bengal opposed this report and Liaqat Ali Khan
withdrew it.

Second BPC Report:

BPC presented its final report on 22nd December 1952. According to


this report two Houses of the Parliament will enjoy the equal status
and powers. It proposed equal representation to East and West wing.

This report also faced reaction in both the wings of Pakistan. The
principle of parity was not appreciated in both East
Pakistan andPunjab.

Muhammad Ali Bogra Formula:

Muhammad Ali Bogra immediately after assuming the office of the


Prime Minister presented a formula to resolve the deadlock in
constitution making. According to this formula Pakistan would have a
bicameral legislature. In upper house there would be EQUAL
representation to each of five units. In lower house population will be
represented. In this way more representation was given to East
Pakistan.
Both wings would have equal strength in joint sessions of the two
houses.

Reaction to Bogra Formula

It was welcomed in both parts of the country. The principle of parity


and representation of the population was appreciated. It also solved
the problem of national language by suggesting Urdu and Bengali
both as national language.

One Unit of West Pakistan October 1955

One Unit of West Pakistan was established on 14th October 1955. The
provinces of Punjab, Sindh, NWFP and Baluchistan would be
amalgamated in one unit to establish parity between the two parts of
the country.

3: Separate or Joint Electorate

Separate electorate was adopted on the demand of Muslims in 1909


by the British Government. But the minorities did not favour this after
independence. Religious elements supported this as a part of
heritage.
East: decided for Joint Electorate.
West: Separate electorate.
1957: Joint Electorate was adopted for all Pakistan by the National
Assembly.

4: The National Language Issue

Pre-independence: Muslim elite all over India adopted Urdu. In 1948


Jinnah declared that Urdu would be the national language but
provinces could use their languages. Opposition against Urdu was
there in East Bengal. This became more pronounced after the death of
Jinnah as controversies erupted on constitution making. Language
Movement started in East Pakistan February, 1952.

There was a complaint about anti Bengali language attitude of the


federal government. Two-language formula was adopted in 1954.
Since 1973 Urdu was adopted as national language along with the
support for development of regional languages.

5: Parliamentary or Presidential

There was a consensus for parliamentary system. But there was a


limited demand for presidential system. Supporters of Presidential
system became dominant after the 1958 military takeover. The 1962
Constitution was a Presidential constitution.

6: The Islamic or Secular State


From the very beginning of Pakistan Movement there was an
agreement that the state will have close relationship with Islam.
Muslims defined their national identity with reference to Islam and its
heritage. Some opposition came from the Congress members of the
Constituent Assembly, and a few secularists.

There was a BROAD AGREEMENT that the state will identify itself
with Islam. The Constituent Assembly took time to define the precise
relationship between the state and Islam.

Objectives Resolution

Objectives Resolution rejected theocracy in Pakistan and provided


the basic objectives for the future constitution of Pakistan.

The issues to be addressed were:

1. Scope of legislation for an elected Assembly?


2. Who will decide about the Islamic nature of laws? Should a Board
of Ulema be given this power?
3. Position of women, vote and work?
4. Religious minorities?

Discussion in the Constituent Assembly and outside continued. There


was an active demand by religious elements for Islamic political
system. In this context the leading Ulema of various sects presented
famous 22 points to provide a religious base to the future
constitution.

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