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PakConstitution Notes

1973 Constitution of Pakistan Study & Exam Portal

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Since the creation of Pakistan in August 1947, issues like center-province relations, balance between the two wings of the country, and distribution of seats in the parliament were creating hurdles in the way of constitution making. East Bengal had more population than all the provinces, states, and tribal areas in the western wing combined. On the one hand, East Bengal, because of its large population (54-56%), sought more share in the legislature and provincial autonomy. On the other hand, policymakers in the western wing wanted a strong central government and a formula for representation in the parliament which ensured that the eastern wing could not dominate the legislation. The West Pakistani leadership feared that small provinces may also join East Bengal which will allow them to completely control the state machinery. Thus, it was in these circumstances that the idea of One Unit was floated. 

One Unit Scheme was the unification or integration of three fully fledged provinces -NWFP, Punjab, and Sindh-, a Commissionerate province -Balochistan, Federal Capital, princely states of Bahawalpur and Khairpur, Balochistan States Union, the Tribal Areas of Baluchistan, the Punjab and the North-West Frontier, and the states of Amb, Chitral, Dir and Swat[1] into a single province of West Pakistan[2]. The One Unit plan was the brainchild of those who believed more in an authoritarian system than democratic one. 

As for who first floated the idea, there seems to be a difference of opinion among scholars. Some accounts maintain that it was Governor General Ghulam Muhammad’s idea while others attribute it to Punjab Chief Minister Mumtaz Daultana. There are those who claim that the idea of merging provinces in the western wing into one unit was presented by Feroz Khan Noon as early as 1949 while Ayub Khan also claims in his book that he was the first who presented the idea of One Unit scheme. Some sources even claim that Chaudhary Muhammad Ali presented the idea in the first Constituent Assembly, but it was rejected by the Bengali leaders who had majority in the Muslim League Parliamentary Party. 

Regardless of who first proposed the idea, the fact is that all the federating units in the western wing were deprived of their separate and distinct identity and merged into a single province, West Pakistan. The main proponents of this scheme were Punjabi and Muhajir elites while some people from other provinces were also convinced to support it, though in return for promises of positions in current and future governments. 

Practical work on the formation of One Unit started after the then Prime Minister Muhammad Ali Bogra announced on radio that he and his colleagues had decided to merge all the federating units of the western wing into a single unit. The announcement was made after a conference of central and provincial leaders in Karachi on 22nd November 1954. He also disclosed that experts had already been working on the administrative machinery of the unified province. 

This announcement was shortly followed by a resolution in the NWFP Assembly in favour of the One Unit. Thus, NWFP’s Assembly was the first province which passed a resolution in favor of the One Unit Scheme on 25th November 1954. Chief Minister Sardar Abdur Rashid was the leading figure in its support. However, he was dismissed from his office before the passage of One Unit bill from the Constituent Assembly because he started opposing the scheme over unfulfilled promises by the central leadership. It was followed by similar resolutions in Punjab and Sindh. 

Formation of One Unit was one of the three major works the Second Constituent Assembly did; One Unit Scheme, Validation of Laws Act of 1955, and the 1956 Constitution. It was the first legislative measure the Second Constituent Assembly passed after its election in June 1955.  The bill for unification was introduced in the Assembly by Sardar Amir Azam Khan from Punjab on 23[3] August 1955 and was passed on 30th September 1955 by 43 to 13 votes. One Unit came into being on 14 October 1955. Lahore was declared the capital of the One Unit. Mushtaq Ahmad Gurmani was the first governor while Dr. Khan Sahib was the first Chief Minister of the new province.  

There were also strong voices against the scheme, especially in the smaller provinces. In Sindh, figures like G. M. Syed, Hyder Bukhsh Jatoi, Kazi Fazlullah, Zulfiqar Ali Bhutto, and Chief Minister Abdul Sattar Pirzada were some of the most vocal and strongest voices against this plan. On 8th November 1954, Abdul Sattar Pirzada was removed from chief ministership because of his opposition to the One Unit scheme. Those who opposed the scheme took out rallies in different parts of the province while the government resorted to the use of force against them. Several of the top leaders were arrested. He was replaced by Ayub Khuru who then vigorously pursued the issue and secured the passage of a resolution supporting the One Unit’s from the provincial assembly with an overwhelming majority. Other well-known figures from Sindh who supported the idea were Pir Ali Mohammed Rashdi and the Pir of Pagaro. Chaudhry Khaliquzaman was the only leader from among the Urdu speaking leaders from the province of Sindh who clearly opposed the One Unit scheme. 

In NWFP, Khan Abdul Ghafar Khan and Khan Abdul Wali Khan with their Khudai Khidmatgars and Pir Sahib of Manki Sharif, Master Khan Gul and Samin Jan of Sarhad Awami League were at the forefront of opposition to the scheme. They also formed the “Anti-One Unit Front.” Abdul Ghafar Khan and Pir Sahib of Manki Sharif toured various areas of the province to mobilize people against the One Unit scheme. Even Abdul Samad Khan Achakzai visited NWFP and addressed rallies alongside Abdul Ghafar Khan and others. Pir Sahib of Manki Sharif went to Karachi and Murree to discuss the matter with members of the Constituent Assembly as its session was being held in Murree. Interestingly, Abdul Ghafar Khan’s elder brother Abdul Jabbar Khan (Dr. Khan Sahib) was an active supporter of the scheme. He voted in its favor in the Constituent Assembly and then became the first Chief Minister of the West Pakistan Province. 

Several prominent political leaders from Balochistan also strongly opposed the unification. Figures such as Ghous Bux Bizinjo, Abdul Samad Khan Achakzai, Attaullah Mengal, Nawab Khair Bakhsh Marri, Sher Muhammad Marri, and Nawab Nauroz Khan were among the leading opponents of the One Unit scheme.  

Among the leaders from East Bengal were concerned, most of them opposed the idea. Sheikh Mujibur Rahman, Fazlul Rehman, and Mahmud Ali etc. were some of the most vocal voices who also voted against it. However, some like Muhammad Ali Bogra and Huseyn Shaheed Suhrawardi were its supporters. Initially, Suhrawardy supported the plan and even played a very active role in its drafting as law minister[4]. Later, he developed some differences with the government and turned against the scheme. He also voted against it in the Constituent Assembly. 

Punjab was the province where the scheme received support from the treasury and opposition benches alike.  Politicians like Mumtaz Muhammad Khan Doultana, Firoz Khan Noon, Mushtaq Ahmad Gurmani, Ghulam Muhammad, and Chaudhary Muhammad Ali were its main supporters. Even opposition leader in the assembly Mian Abdul Bari, though absent on 30th November when the resolution was adopted, sent his message of full support to the scheme. His message was conveyed to the House by the Chief Minister. While presenting the resolution, Chief Minister Feroz Khan Noon urged its speedy implementation. 

Mian Muhammad Iftikhar Uddin, senior leader Azad Pakistan Party was a prominent figure from Punjab who opposed the One Unit scheme. He also voted against the scheme in the Constituent Assembly. There were also some other progressive people in Punjab who opposed it. 

It may be noted that before the bill was presented in the Constituent Assembly, the governor general tried to constitute one unit through an ordinance. On 17th December 1954, the governor-general issued an order for the formation of a Council of Administration for West Pakistan. This council presented its report in February. In the following months, the governor general through an ordinance announced the formation of the West Pakistan Province. Its chief minister and governor were also designated. However, the Federal Court, in Usif Patel vs The Crown case[5], held that the governor-general could not use ordinances to exercise powers constitutionally vested in the Constituent Assembly. Thus, the unification was carried out with the help of legislation passed by the Constituent Assembly. 

The One Unit scheme remained in force until 1970 when the then President and Martial Law Administrator Yahya Khan abolished it on 1st July 1970. As a result of its dissolution, Balochistan, NWFP, Punjab, and Sindh were restored. The princely states of Khairpur and Bahawalpur did not get their previous status as they were merged with Sindh and Punjab, respectively. The states of Amb, Chitra, Dir and Swat had already been merged with NWFP in 1969.  

Notes


[1] The Establishment of West Pakistan Act, 1955.

[2] According to article 2 (3) of the Act, the internal administrations of the Tribal Areas of Baluchistan and the North-West Frontier Province and the states of Amb, Chitral, Dir and Swat were to remain unchanged. In other words, they were merged with the West Pakistan Province but still retained their special status. Chitral, Dir and Swat were integrated into NWFP through The Dir, Chitral and Swat (Administration) Regulation, 1969 (West Pakistan Regulation, No. I of 1969) while Amb through The Amb (Administration) Regulation, 1969 (West Pakistan Regulation, No. II of 1969) issued by the West Pakistan governor on 15th August 1969 and 6th November 1969, respectively.

[3] Some sources on the subject claim it was presented in the Assembly on 24th August but majority of the researchers claim it was 23 August.

[4] He served as law minister from 20 December 1954 to 11August 1955 after which he became Leader of the Opposition until 1 September 1956. Thus, at the time of voting on the One Unit Bill, he was leader of the Opposition and voted against the bill. 

[5] The verdict was delivered on 12 April 1955.