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Muhammad Ali Bogra becomes Prime Minister [1953]

Khawaja Nazimuddin was dismissed by the Governor General, Malik Ghulam Muhammad, on April 17, 1953, and replaced by Muhammad Ali Bogra. Bogra was then the Pakistani Ambassador to the United States. After coming to power, he set a new precedent of inviting the Commander-in-Chief of the Pakistan Army to become the Defense Minister.
Governor General Ghulam Muhammad had dissolved the Constituent Assembly although the Assembly had accomplished the task of framing the Constitution and all obstacles in the way of its promulgation were removed. After coming to power, Prime Minister Muhammad Ali Bogra declared that the making of the Constitution was one of his primary targets. He worked hard towards accomplishing this task and within six months of assuming power, he came out with a constitutional formula. His constitutional proposal is know as the Bogra Formula and was presented before the Constituent Assembly of Pakistan on October 7, 1953.
Unlike the two reports of the Basic Principle Committee, the Bogra Formula was appreciated by different sections of the society. There was great enthusiasm amongst the masses as they considered it a plan that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the country. The proposal was discussed in the Constituent Assembly for 13 days. On November 14, 1953, a committee was set up to draft the constitution according to the approval of the Constituent Assembly. However, before the constitution could be finalized, Ghulam Muhammad dissolved the Assembly. The Prime Minster, Muhammad Ali Bogra, was allowed to continue in office with a new cabinet. This move was apparently to counter a bill curtailing the power of the Governor General. Muhammad Ali Bogra was sworn in again as the Prime Minster on October 26, 1954. The new government promised fresh elections.
Muhammad Ali Bogra as Prime Minister of Pakistan worked hard for the settlement of the Kashmir issue. He urged Nehru to settle the Kashmir dispute in order to promote friendly relations between the two countries. Due to his strenuous efforts, the Prime Ministers of both the countries met numerous times in London and Karachi. Letters and telegrams were also exchanged between the leaders of the two countries. As a result of his efforts, Pandit Nehru agreed to hold a free and fair plebiscite in Kashmir. However, in May 1954, the news of American military aid to Pakistan gave Pandit Nehru an excuse to go back on his commitments to hold referendum in Kashmir. Thus Bogra was unable to solve the Kashmir problem. It was during the tenure of Muhammad Ali Bogra that Pakistan joined C. E. N. T. O. and S. E. A. T. O. In August 1955, the Governor General was forced to resign due to ill health and Major General Iskander Mirza was made the acting Governor General. The acting Governor General also dismissed Muhammad Ali Bogra on August 8, 1955.

Bogra - Nehru Negotiations

Muhammad Ali Bogra became the Prime Minister of Pakistan in April 1953. He made an impassioned appeal to Pandit Nehru to settle all outstanding disputes between the two countries. Addressing the parliament he said, "I consider that the maintenance of peace and establishment of friendly relations between India and Pakistan are essential to the peace and stability of Asia". He stressed the need for the settlement of Kashmir issue without which permanent peace or friendship in the Sub-continent was not possible.
Due to his efforts, the two Prime Ministers met informally in London in June 1953, on the occasion of the Commonwealth Prime Ministers Conference, and again the following month in Karachi. Muhammad Ali urged Nehru to realize the desirability of settling the Kashmir dispute, thus promoting friendly relations between the two countries. Nehru was ready to talk on everything, including philosophy and ethics, but not on Kashmir. Bogra seemed impressed by Nehru's charm and started calling him "elder brother", but as far as the Kashmir dispute was concerned, the progress was not nearer to any solution.
The Indian government had to face an uprising in Kashmir in 1953, which they crushed by force. This caused widespread anger and concern in Pakistan. Bogra dashed to New Delhi to confer with Nehru, who at first did not like the idea of meeting him, as "the affairs in Kashmir were no concern of Pakistan". However, they finally met in August 1953. This resulted in a statement that stressed the following points:
1. It was their opinion that this dispute would be settled in accordance with the wishes of Kashmiris by a fair and impartial plebiscite.
2. The plebiscite administrator should be appointed by the end of April 1954.
3. The preliminary issues that had so far held up progress towards a plebiscite should be decided and actions in implementation thereof should be taken, and with this object in view, committees of military and other experts should be appointed to advise the two Prime Ministers.
4. Progress could only be made in this direction if there was an atmosphere of peace and cooperation between the two countries.
The Delhi meeting was followed by an exchange of letters between the two Prime Ministers. It is said that 27 letters and telegrams were exchanged between August 10, 1953, and September 21, 1954. However, in May 1954, the news of American military aid to Pakistan was published, which gave Pandit Nehru an excuse to go back on his commitments to hold a free vote in Kashmir. Muhammad Ali pointed out the strength of India, and the fact that India was spending three times as much as Pakistan on its armed forces. He warned that a war might engulf the entire Sub-continent. But Nehru's objections to military aid to Pakistan dominated the correspondence and ultimately wrecked the direct talks with Bogra, which had started with great hope.
Muhammad Ali Bogra soon became convinced that all his efforts for a peaceful settlement of the Kashmir dispute were in vain. In his letter on September 21, 1954, he wrote, "It is with profound regret that I have been led to the conclusion that our talks regarding Kashmir have failed." However he concluded his letter with the words, "I hope and pray that the conscience and wisdom of men may yet perceive the great injustice and dangers inherent in the continuance of this disastrous dispute."

Bogra Formula

While taking charge as Prime Minister, Muhammad Ali Bogra declared that formulation of the Constitution was his primary target. He worked hard on this project and within six months of assuming power, came out with a constitutional formula. His constitutional proposal, known as the Bogra Formula, was presented before the Constituent Assembly of Pakistan on October 7, 1953. The plan proposed for a Bicameral Legislature with equal representation for all the five provinces of the country in the Upper House. A total of 50 seats were reserved for the Upper House. The 300 seats for the Lower House were to be allocated to the provinces on the basis of proportionate representation. One hundred and sixty five seats were reserved for East Pakistan, 75 for Punjab, 19 for Sindh and Khairpur, 24 for N. W. F. P., tribal areas and the states located in N. W. F. P., and 17 for Baluchistan, Baluchistan States Union, Bhawalpur and Karachi.
In this way East Pakistan was given more seats in the Lower House than the combined number of seats reserved for the federal capital, the four provinces and the princely states of the Western Wing. So in all, both the wings were to have 175 seats each in the two houses of the Legislative Assembly. Both the houses were given equal power, and in case of a conflict between the two houses, the issue was to be presented before a joint session.
In order to prevent permanent domination by any wing, a provision was made that if the head of the state was from West Pakistan, the Prime Minister was to be from East Pakistan, and vice versa. The two houses of the Legislative Assembly formed the Electoral College for the presidential elections and the President was to be elected for a term of 5 years. In place of the Board of Ulema, the Supreme Court was given the power to decide if a law was in accordance with the basic teachings of the Holy Quran and Sunnah or not.
Unlike the two reports of the Basic Principles Committee, the Bogra Formula was appreciated by different sections of the society. There was great enthusiasm amongst the masses as they considered it as a plan that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the country. The proposal was discussed in the Constituent Assembly for 13 days, and a committee was set to draft the constitution on November 14, 1953. However, before the constitution could be finalized, the Assembly was dissolved by Ghulam Muhammad, the then Governor General of Pakistan

Chaudhry Muhammad Ali Becomes Prime Minister [1955]

On October 24, 1954, Malik Ghulam Muhammad dissolved the Constituent Assembly of Muhammad Ali Bogra on the grounds that it had "lost the confidence of the people", and declared a state of emergency in the country. Muhammad Ali Bogra, however, remained as the Prime Minister, since he was again invited to form a cabinet known as the Ministry of Talents. On August 8, 1955, he was dismissed by the acting Governor General, Major General Iskander Mirza in the absence of Malik Ghulam Muhammad, who had gone on a temporary leave and was also subsequently forced to resign due to his ill health. Chaudhry Muhammad Ali was appointed as the new Prime Minister on August 11, 1955.
Chaudhry Muhammad Ali's greatest achievement was framing the Constitution of 1956 and its approval by the Constituent Assembly. The entire country with great joy and enthusiasm celebrated the promulgation of this Constitution on March 23, 1956. The 1956 Constitution was Islamic and democratic in character, acceptable to people of all parts of the country, and had the blessings of almost all schools of thought.
Chaudhry Muhammad Ali, however, could not come up to the bargaining and the deals necessary to reconcile the various interest groups into accepting the One Unit and the adoption of the Constitution. He proved to be a poor politician who failed to control his own party. This ultimately led to his downfall. His greatest blunder was the selection of Dr. Khan Sahib as Chief Minister of the Unified Province of West Pakistan, despite the opposition of the Muslim League. Dr. Khan Sahib was an old Congressman who had opposed the creation of Pakistan, therefore the Muslim League opposed his appointment. Dr. Khan Sahib, however, enjoyed the support of the President Iskander Mirza. He dropped Muslim League members from his cabinet, and by bringing the dissident Muslim Leaguers and other supporters, formed his own party, the Republican Party.
In the Central Government, the Muslim League shared power as a major component of the coalition without being in office in any province. The Republican Party kept growing in number and claimed to be the single largest party in the National Assembly. Prime Minister Chaudhry Muhammad Ali was urged by the Muslim League to act against the West Pakistan Ministry. Chaudhry Muhammad Ali believed that as a Prime Minister, his actions should be governed by the good of the country and not by the resolution of any party. He believed that he was responsible only to the Cabinet and the Parliament. Thus, he refused the demands of the Muslim League. Disgusted with the scenario, Chaudhry Muhammad Ali resigned as a Prime Minister on September 8, 1956, also resigning from his membership of the Muslim League at the same time. His decision to resign of his own accord is considered as a unique example of political decorum in the history of Pakistan.

Iskander Mirza Becomes Governor General [1955]

In August 1955, Major General Iskander Mirza took over as Governor General when Ghulam Muhammad became too ill to continue. He was confirmed as the fourth Governor General of Pakistan on October 4, 1955.
Iskander Mirza was a civil servant and it is widely believed that he lacked the parliamentary spirit. He was of the view that democratic institutions could not flourish in Pakistan due to lack of training in the field of democracy and low literacy rate of the masses. He wanted a controlled democracy for Pakistan with more powers for the civil bureaucracy. He thought that politicians should be given the power to make policy but not allowed to interfere in administration. Iskander Mirza was also a great advocate of the One Unit scheme and it was under his rule that all the four provinces and the states of West Pakistan were merged into one unit in October 1955.
It was during his tenure that Chaudhry Muhammad Ali presented the 1956 Constitution and Iskander Mirza was elected the first President of Pakistan.

West Pakistan Established as One Unit [1955]

Even after eight years of existence, Pakistan was without a constitution. The main reason was believed to be the fact that there were two unequal wings of Pakistan separated from each other by more than a thousand miles. To diminish the differences between the two regions, the Government of Pakistan decided that all the four provinces and states of West Pakistan should be merged into one unit.
To this end, Prime Minister Muhammad Ali made the first official announcement on November 22, 1954, enumerating the benefits of having one unit or province. On September 30, 1955, the Assembly passed the bill merging 310,000 square miles into a single province, with Lahore as its provincial capital. West Pakistan had formerly comprised three Governor's provinces, one Chief Commissioner's province, a number of states that had acceded to Pakistan, and the tribal areas. Geographically, they formed a homogenous block with easy communication, but with marked linguistic and ethnic distinctions. The result of the new bill was to unify these various units into one province to be known as West Pakistan.
The Bill was hailed as a measure of administrative rationalization as it was likely to reduce the administrative expenditure. It was claimed that one unit of West Pakistan would eliminate the curse of provincial prejudices. The problem of representation of various units in the proposed Federal Legislature had been a big hurdle in the way of making a Constitution and it was said that with the removal of this hurdle, the formation of the Constitution would now speed up.
Dr. Khan Sahib was appointed as the first Chief Minister of the One Unit, while Mushtaq Ahmad Gurmani was appointed as the first Governor of West Pakistan. Dr. Khan Sahib's Ministry, however, came to an end when the President himself took over the administration. Subsequently, Sardar Abdur Rashid and Muzzaffar Ali Qazilbash were appointed Chief Ministers of that province in succession.
While the One Unit scheme in West Pakistan could be supported on various grounds, the method of its establishment was not free from criticism. The government wanted to introduce the One Unit Scheme by an executive decree, which it could not do. So the Central Government dismissed the Ministry in Punjab, Sindh and N. W. F. P. One Unit continued until General Yahya Khan dissolved it on July 1, 1970.

The Constitution of 1956

After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956. Pakistan's status as a dominion ended and the country was declared an Islamic Republic of Pakistan. Thereupon the Constituent Assembly of Pakistan became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President of Pakistan.
The Constitution of 1956 consisted of 234 articles, which were divided into 13 parts and 6 schedules. One of the main features of the Constitution was its Islamic character. The Islamic provisions were contained in the directive principles of the state policy. Along with other Islamic provisions in the Constitution, the president, who was required to be a Muslim of at least 40 years of age, was to set up an organization for Islamic research with the aim of establishing a true Islamic society. The Objectives Resolution was, however, only made the preamble of the Constitution and not included in its main text.
The Constitution vested the executive authority of the President in the Federation. The President had the discretionary powers to make the appointment of the Chairman and members of the Election Commission, Delimitation Commission and Public Service Commission. He also had the power to appoint the Prime Minister from amongst the members of the National Assembly. However, his appointee had to take a vote of confidence from the Assembly within two months of his appointment. The President also had the power to remove the Prime Minister if he felt that the Prime Minister had lost the confidence of the majority of the National Assembly members.
The Constitution of 1956 provided for parliamentary form of government with a unicameral legislature. The only house of parliament, the National Assembly, was to consist of 300 members. The Constitution recognized the concept of One Unit, and the seats were divided equally between the two wings of the country. Thus the principle of parity was introduced. For the first ten years, five additional seats were reserved for women for each wing. National Assembly was to meet at least twice a year with at least one session at Dhaka. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.
The Constitution provided for federal form of government in the country. The provincial structure was similar to the one in the center. The pattern for the center-province relations was the same as it was in the Government of India Act, 1935. There were federal, provincial and concurrent lists of subjects. There were 30 items in the federal list, 94 items in the provincial list and 19 items in the concurrent list. The federal legislation was to get precedence over provincial legislation regarding the concurrent list. Residuary powers were vested in the provinces. In case of a conflict between center and provinces or between the two provinces, the Chief Justice of the Supreme Court was to act as the mediator.
The Constitution of 1956 was a written and flexible constitution. It advocated the fundamental rights of the individual. However, the President had the power to suspend these rights in case of an emergency. Judiciary was to remain independent. Urdu and Bengali were both accepted as state languages, while English was to remain the official language for the first 25 years. After ten years' passage of the Constitution, the President was to appoint a commission with the task to make recommendation for the replacement of English as the official language.
The Constitution of 1956 proved to be short lived as on October 7, 1958, Marital Law was promulgated and the constitution was abrogated.

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H. S. Suhrawardy Becomes Prime Minister [1956]

Soon after the adoption of the 1956 Constitution, Huseyn Shaheed Suhrawardy replaced Chaudhry Muhammad Ali as Prime Minister on September 12, 1956. Suhrawardy had managed to secure the office for himself by forging an alliance with the Republican Party.
The controversy over One Unit and the appropriate electoral system for Pakistan, whether joint or separate, revived as soon as Suhrawardy became Prime Minster. In West Pakistan, there was strong opposition to the joint electorate by the Muslim League and the religious parties. Suhrawardy and his party in East Pakistan supported the joint electorate. These differences over One Unit and the appropriate electorate caused problems for his government.
Not a man to let setbacks destroy his morale, Suhrawardy thought his political fortunes might change if he scored some success on the economic front during his tenure. Suhrawardy tried to remove the economic disparity between the Eastern and Western wings of the country but to no avail. He also tried unsuccessfully to alleviate the food shortage in the country.
By early 1957, the movement for the dismemberment of the One Unit had started. Suhrawardy was at the mercy of central bureaucracy fighting to save the One Unit. Big business groups in Karachi were lobbying against Suhrawardy's decision to distribute the better part of the $10 million I. C. A. aid to East Pakistan and to set up a national shipping corporation. Supported by these lobbyists, President Mirza demanded the Prime Minister's resignation. Suhrawardy requested to seek a vote of confidence in the National Assembly, but this request was turned down. Suhrawardy resigned under threat of dismissal on October 10, 1957.

Iskander Mirza Becomes President [1956]

Governor General Ghulam Muhammad's despotic and dictatorial policy led Iskander Mirza and his collaborators to force him out of power. Although his removal was necessary, yet another despot, Iskander Mirza, who was the fourth Governor General and then the first President of Pakistan, succeeded him. He was sworn-in as the first President under the 1956 Constitution. During his regime not only was the first Constitution of Pakistan finalized, but also all the provinces and princely states of West Pakistan were knitted together to form One Unit of the West Pakistan Province.
During his tenure from 1956 to 1958, President Iskander Mirza brought about various cabinet changes and advocated a controlled democracy for Pakistan. Muhammad Ali Bogra was the first Prime Minster under Iskander Mirza. Bogra could not stay at this position for long, he resigned and went back to the U. S. A. where he was reinstated as the Ambassador of Pakistan. After Bogra, Chaudhry Muhammad Ali became the next Prime Minster. It was under his premiership that the establishment of One Unit was given practical shape and the Constitution of 1956 was introduced. Huseyn Shaheed Suhrawardy, I. I. Chundrigar and Malik Feroz Khan Noon succeeded him as Prime Ministers under Iskander Mirza's despotic rule.
In collusion with the Commander-in-Chief, Muhammad Ayub Khan, Iskander Mirza abrogated the Constitution on October 7, 1958 and declared Martial Law. Iskander Mirza and Ayub Khan began the new era with apparent unanimity. Although the two were responsible for bringing about the change, they had different views on dealing with the new situation. Share of power soon led to a struggle between the two, which ended with Iskander Mirza being arrested and exiled to Britain where he later died.

I. I. Chundrigar Becomes Prime Minister [1957]

After merely a year, Suhrawardy resigned from his Premiership in October 1957. His resignation came as a result of the President's refusal to convene a meeting of the Parliament to seek a vote of confidence. President Iskander Mirza appointed I. I. Chundrigar as the interim Prime Minister. Being a nominated Prime Minister, Chundrigar held a weak position from the very beginning. He headed a coalition government including the Krishak Sramik Party, Nizam-i-Islam Party, the Muslim League and the Republican Party. The Muslim League had agreed to form a coalition government with the Republican Party on the condition that by amending the Electoral Act, the principle of separate electorate would be implemented in the country.
After the formation of the Cabinet, Ministers from East Pakistan and the Republican Party started opposing the proposed amendments. The Republican Party opposed the amendment as it wanted to gain advantage over its political opponent, the Muslim League.
Iskander Mirza exploited the differences between the parties and thus made Chundrigar an easy victim as he remained Prime Minister for only two months and therefore could not give any practical shape to his program.

Malik Feroz Khan Noon Becomes Prime Minister [1957]

On December 16, 1957, Malik Feroz Khan Noon took over the office of Prime Minister from Chundrigar. Malik Feroz Khan Noon was the last in the line of Prime Ministers under the President-ship of Iskander Mirza. Being the leader of the Republican group in the National Assembly, Noon came to power by forging an alliance with five different political groups, Awami League, National Awami Party, Krishak Sramik Party, National Congress and the Scheduled Caste Federation. Though the coalition was dependent on the support of such a large number of political parties, it was able to form a stable government.
The Noon Cabinet was fortunate to have the support of the Bengali and Punjabi group of politicians, reaching an accord between them for the first time. H. S. Suhrawardy's Awami League Party assured full cooperation to the cabinet of Feroz Khan Noon. President Iskander Mirza was distressed by the alliance of Suhrawardy and Noon. He not only felt a serious threat to his office but also perceived that he had lost his grip over the politicians. He tried to counter by bring other politicians to his side and making alliances with other political parties.
On the other side, in West Pakistan, Muslim League had become quite popular under the leadership of Khan Abdul Qayyum Khan. As events were going against Iskander Mirza, he displayed his willingness to dissolve West Pakistan's One Unit for his own interests.
President Iskander Mirza also tried to seek the help of Khan Abdul Ghaffar Khan in June 1958, and also started negotiations with the Governor of East Pakistan in order to break the strength of the Awami League there. The tussle for power reached a critical point. The Awami League, being the party in power, affronted the Speaker of the Assembly. The Krishak Sramik Party also criticized the government for its actions. With all these events in progress, an attack on the Deputy Speaker occurred from which he could not survive.
Under these tumultuous circumstances of political instability, President Iskander Mirza turned towards General Ayub Khan, the Commander-in-Chief of the armed forces of Pakistan. At midnight between October 7 and 8, 1958, the President of Pakistan abrogated the Constitution and imposed Martial Law in the country. This brought an end to the term of Malik Feroz Khan Noon, which lasted for less than a year. The Parliamentary Government came to an end in Pakistan, thus setting the stage for the recurrence of Martial Law again and again in the future.

Ouster of President Iskander Mirza – 1958

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the country. General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator.
Iskander Mirza and Ayub Khan had begun the new era with apparent unanimity, jointly describing it as a two-man regime. However, although the two were responsible for bringing about the change, they had different views on dealing with the new situation. Iskander Mirza had not envisaged any change in his previous powers; he wanted to retain the ability to maneuver things according to his own whim. Things however had changed. C. M. L. A. Ayub Khan knew that the real power rested with the army and he was determined to assert himself. Within a week of the proclamation of Martial Law, Iskander Mirza realized the delicate position he had gotten himself into. He regretted his decision and said, "I did not mean to do it" while offering assurances that the Martial Law would be for the shortest possible duration.
The sharing of power soon led to the intensification of the power struggle between the two men. President Mirza tried to balance the power structure by appointing Ayub Khan as Prime Minister on October 24, 1958. The Cabinet he set up consisted entirely of non-political members. This did not satisfy Ayub Khan who had more powers as the Chief Martial Law Administrator. In order to secure himself, Iskander Mirza tried to get the support of Ayub Khan's rivals within the army and air force. He was however unsuccessful in this attempt.
With the consensus of his military generals, Ayub Khan arrested Iskander Mirza on October 27, 1958. He was exiled to Britain where he later died. After the ouster of Iskander Mirza, General Ayub Khan became the sole power in Pakistan.

Martial Law Under Field Marshal Ayub Khan [1958-62]

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the country. This was the first of many military regimes to mar Pakistan's history. With this step, the Constitution of 1956 was abrogated, ministers were dismissed, Central and Provincial Assemblies were dissolved and all political activities were banned. General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator. The parliamentary system in Pakistan came to end. Within three weeks of assuming charge on October 27, 1958, Iskander Mirza was ousted by General Ayub Khan, who then declared himself President.
General Ayub Khan gave himself the rank of Field Marshal. Corruption had become so widespread within the national and civic systems of administration that Ayub Khan was welcomed as a national hero by the people.

Soon after coming to power, the new military government promised that they would carry out reforms in the entire government structure and would cleanse the administration of the rampant corruption. A thorough screening process of all government servants was conducted and service records were closely scrutinized. Public servants were tried for misconduct by tribunals consisting of retired judges of the Supreme Court or High Court. If charges were proven, disciplinary action such as dismissal or compulsory retirement of the public servant could take place. A public servant could also be disqualified from holding any public office for 15 years.
About 3,000 officials were dismissed and many others were reduced in rank as a result of these measures. The rest of the government servants were provided with an incentive to working hard. Similarly, a law called the Elective Bodies Disqualification Order, popularly known as E. B. D. O., was promulgated for the disqualification of politicians. Under this law, a person could be disqualified from being a member of any elective body till December 31, 1966. Under this harsh law, several politicians like Suhrawardy and Qayyum Khan were disqualified. The E. B. D. O., particularly its application, was severely criticized in the legal and political circles throughout Pakistan.
After taking over, Ayub Khan focused on the long-standing question of land reforms in West Pakistan. The land reforms included the reduction of land ceiling to 1,000 acres for non-irrigated land and 500 acres for irrigated land and with ownership rights granted to the tenants. The land in excess of these limits was taken over by the government to be distributed amongst the deserving persons.
Ayub Khan also introduced a comprehensive scheme of local government, popularly known as Basic Democracies. This scheme was enforced through the Basic Democracies Order on October 27, 1959. Basic Democracies was a pyramidal plan enabling the people to directly elect to Local Council men they knew, who would in turn elect the upper tier of the administration. Altogether there were 80,000 Basic Democrats elected. To lend legitimacy to his rule, Ayub Khan used the Basic Democrats as an electoral college, holding a referendum to seek a mandate to continue in office as President and to have the authority to frame the future Constitution of Pakistan.
The referendum held on February 14, 1960, asked the voters "if they had confidence in President Field Marshal Muhammad Ayub Khan, Hilal-i-Jurat?" With the results of the referendum, Ayub Khan was elected not only as President of Pakistan for five years, but also got the mandate to give Pakistan a Constitution of his choice.
Ayub Khan set up a Constitution Commission which was not only given the responsibility to make recommendations on the future Constitution, but was also to examine the causes of failure of parliamentary government in Pakistan. The report of the Constitution Commission was presented to Ayub Khan on May 6, 1961. Ayub Khan was not satisfied by the findings. The 1962 Constitution was very different from the recommendation of the Constitution Commission, as Ayub Khan favored a presidential form of government. The 1962 Constitution was promulgated on March 1. This ended the three-and-a-half-year Martial Law regime of Ayub Khan. A civilian constitutional government under Ayub Khan replaced his previous military regime.

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Indus Water Treaty [1960]

Pakistan is an agricultural country. Eighty percent of its agricultural output comes from the Indus Basin. Pakistan has one of the world's largest canal systems built much before Independence by the British. After Independence, problems between the two countries arose over the distribution of water. Rivers flow into Pakistan territory from across India. In 1947, when Punjab was divided between the two countries, many of the canal head-works remained with India. The division of Punjab thus created major problems for irrigation in Pakistan.
On April 1, 1948, India stopped the supply of water to Pakistan from every canal flowing from India to Pakistan. Pakistan protested and India finally agreed on an interim agreement on May 4, 1948. This agreement was not a permanent solution; therefore, Pakistan approached the World Bank in 1952 to help settle the problem permanently. Negotiations were carried out between the two countries through the offices of the World Bank. It was finally in Ayub Khan's regime that an agreement was signed between India and Pakistan in September 1960. This agreement is known as the Indus Water Treaty.
This treaty divided the use of rivers and canals between the two countries. Pakistan obtained exclusive rights for the three western rivers, namely Indus, Jehlum and Chenab. And India retained rights to the three eastern rivers, namely Ravi, Beas and Sutluj. The treaty also guaranteed ten years of uninterrupted water supply. During this period Pakistan was to build huge dams, financed partly by long-term World Bank loans and compensation money from India. Three multipurpose dams, Warsak, Mangla and Tarbela were built. A system of eight link canals was also built, and the remodeling of existing canals was carried out. Five barrages and a gated siphon were also constructed under this treaty.

The Constitution of 1962

With the aim of investigating the reasons of failure of the parliamentary system in Pakistan, and to make recommendations for a new constitution, Ayub Khan appointed a Constitution Commission under the supervision of Justice Shahab-ud-din. After a number of considerations, the Commission submitted its report on May 6, 1961. Ayub Khan was not satisfied with the report and had it processed through various committees. As a result the Constitution, which was promulgated on March 1, and enforced on June 8, 1962, was entirely different from the one recommended by the Shahab-ud-din Commission.
The Constitution of 1962 consisted of 250 Articles, which were divided into 12 Parts and three Schedules. It advocated presidential form of government with absolute powers vested in the President. The President was to be a Muslim not less than 35 years of age. The term of the President was for five years and nobody could hold the post for more than two consecutive terms. The President was the head of the state as well as the head of the Government. The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions. As the Supreme Commander of the Armed Forces of Pakistan, the appointment of the chiefs of the forces was also his duty.
The Constitution of 1962 provided for a unicameral legislature. The National Assembly was to consist of 156 members, including six women. The Eighth Amendment later increased this number to 218. Principle of parity was retained and seats were distributed equally between the two wings of the country. Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.
According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session. The ordinance needed the approval of the National Assembly within 48 days of its first meeting or 108 days after its promulgation. However, if the President enforced emergency in the country, which according to the constitution was within his jurisdictions, then the ordinances needed no approval from the legislative body.
The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government. There was a federal list of subjects over which the provinces had no jurisdiction. Principle of One Unit for West Pakistan was maintained and the number of seats for Punjab was curtailed to 40 percent in the Western Wing for the initial five years. Provincial Governors were to enjoy the same position in the provinces, which the President was to enjoy in the center.
Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the Republic of Pakistan, but the first amendment added the word "Islamic" to the name. The word "Islam" and not "Quran and Sunnah" was used in the Islamic clauses to give a liberal touch to the Constitution. The Advisory Council of Islamic Ideology was introduced whose job was to recommend to the government ways and means to enable Muslims to live their lives according to the teachings of Islam.
The Constitution of 1962 was a written Constitution upholding the fundamental rights of the citizens. Under the Constitution, the Judiciary had little independence and the appointment of the Chief Justices and Judges of the Supreme and High Courts was in the hands of the President. The President also had the power to remove a judge after an inquiry on misconduct or on the basis of mental or physical illness.
Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official language of the country for the first ten years. The Constitution was flexible in nature and could be amended by a two-third majority in the National Assembly and with the approval of the President. In its short life of seven years, eight amendments were made in the Constitution.
When Ayub Khan handed over power to Yahya Khan, Martial Law was enforced in the country and the Constitution was terminated on March 25, 1969.

Field Marshal Ayub Khan Becomes President [1962-1969]

In March 1962, Ayub Khan suspended the Martial Law and proclaimed the Constitution of 1962. Presidential elections were held in January 1965, and Ayub Khan defeated Miss Fatima Jinnah, Jinnah's sister, to once again become the President of Pakistan.
During his term, the "Great Decade" was celebrated, which highlighted the development plans executed during ten years of Ayub's rule. The 1965 War was fought during Ayub's term and Ayub Khan represented Pakistan in the subsequent Tashkent Talks.
Ayub Khan moved the capital of Pakistan from Karachi to Islamabad in 1965, but could not complete his term due to public pressure.
He handed over power to General Muhammad Yahya Khan on March 25, 1969.

Presidential Election (1965)

Miss Fatima Jinnah, popularly acclaimed as the Madar-i-Millat, or "Mother of the Nation" for her role in the Freedom Movement, contested the 1965 elections at the age of 71. Except for her brief tour to East Pakistan in 1954, she had not participated in politics since Independence. After the imposition of Martial Law by Ayub Khan, she once wished the regime well. But after the Martial Law was lifted, she sympathized with the opposition as she was strongly in favor of democratic ideals. Being the Quaid's sister, she was held in high esteem, and came to symbolize the democratic aspirations of the people. The electoral landscape changed when Miss Fatima Jinnah decided to contest the elections for the President's office in 1965. She was challenging the incumbent President Ayub Khan in the indirect election, which Ayub Khan had himself instituted.
Presidential candidates for the elections of 1965 were announced before commencement of the Basic Democracy elections, which was to constitute the Electoral College for the Presidential and Assembly elections. There were two major parties contesting the election. The Convention Muslim League and the Combined Opposition Parties. The Combined Opposition Parties consisted of five major opposition parties. It had a nine-point program, which included restoration of direct elections, adult franchise and democratization of the 1962 Constitution. The opposition parties of Combined Opposition Parties were not united and did not possess any unity of thought and action. They were unable to select presidential candidates from amongst themselves; therefore they selected Miss Fatima Jinnah as their candidate.
Elections were held on January 2, 1965. There were four candidates; Ayub Khan, Miss Fatima Jinnah and two obscure persons with no party affiliation. There was a short campaigning period of one month, which was further restricted to nine projection meetings that were organized by the Election Commission and were attended only by the members of the Electoral College and members of the press. The public was barred from attending the projection meetings, which would have enhanced Miss Fatima Jinnah's image.
Ayub Khan had a great advantage over the rest of the candidates. The Second Amendment of the Constitution confirmed him as President till the election of his successor. Armed with the wide-ranging constitutional powers of a President, he exercised complete control over all governmental machinery during elections. He utilized the state facilities as head of state, not as the President of the Convention Muslim League or a presidential candidate, and didn't even hesitate to legislate on electoral maters. Bureaucracy and business, the two beneficiaries of the Ayub Khan regime, helped him in his election campaign. Being a political opportunist, he brought all the discontented elements together to support him; students were assured the revision of the University Ordinance and journalists the scrutiny of the Press Laws. Ayub Khan also gathered the support of the ulema who were of the view that Islam does not permit a woman to be the head of an Islamic state.
Miss Jinnah's greatest advantage was that she was the sister of the Founder of Pakistan. She had detached herself from the political conflicts that had plagued Pakistan after the Founder's death. The sight of this dynamic lady moving in the streets of big cities, and even in the rural areas of a Muslim country, was both moving and unique. She proclaimed Ayub Khan to be a dictator. Miss Jinnah's line of attack was that by coming to terms with India on the Indus Water dispute, Ayub had surrendered control of the rivers over to India. Her campaign generated tremendous public enthusiasm. She drew enormous crowds in all cities of East and West Pakistan. The campaign however suffered from a number of drawbacks. An unfair and unequal election campaign, poor finances, and indirect elections through the Basic Democracy System were some of the basic problems she faced.
Miss Fatima Jinnah lost the election of 1965 and Ayub Khan was elected as the President of Pakistan.
It is believed that had the elections been held via direct ballot, Fatima Jinnah would have won. The Electoral College consisted of only 80,000 Basic Democrats, who were easily manipulated. The importance of this election, lay in the fact that a woman was contesting the highest political office of the country. The orthodox religious political parties, including the Jamaat-i-Islami led by Maulana Maududi, which had repeatedly declared that a woman could not hold the highest office of a Muslim country, modified their stance and supported the candidature of Miss Fatima Jinnah. The election showed that the people had no prejudice against women holding high offices, and they could be key players in politics of the country.