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PAK301 - Pakistan Studies Assignment No. 02 Solution and Discussion Fall 2012 Due Date 18-10-2013

Pak301

Fall 2012

Assignment # 2

Due Date: January, 18, 2013 Total Marks: 10

Objectives:
To asses students’ knowledge of the subject and to motivate them towards conceptual knowledge and practical application of the subject.

Instructions:

1. Late assignments will not be accepted.
2. If the file is corrupt or problematic, it will be marked zero.
3. Plagiarism will never be tolerated. Plagiarism occurs when a student uses work done by someone else as if it was his or her own; however, taking the ideas from different sources and to express it in your own words will be encouraged.
4. If any assignment is found copied work, no marks will be awarded and the case may be referred to the head of the academics for disciplinary action.
5. No assignment will be accepted via e-mail.
6. The file should be in Word doc form; the font color should be preferably black and font size can be 12 Times New Roman.

Guideline:
Try to be genuine and impressive in your approach.
Assignment:
1. Fill in the Blanks:
Each question carries one mark. (5 Marks)

1. The Objectives Resolution was approved on _______________

2. The Constitution of 1962 was enforced on _________________

3. ___________ challenged the dissolution of Constituent Assembly in 1954.

4. The Constitution of _________ had only One House parliament.

5. One Unit Scheme of West Pakistan was introduced on _____________

2. Write a note on Muhammad Ali Bogra Formula (1953). (5 Marks)

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Replies to This Discussion

very nice sir. i's uploading my solution here but you've already done it. 

1. FILL in the Blanks:
Each question carries one mark. (5 Marks)

The Objectives Resolution was approved on 12th March 1949

The Constitution of 1962 was enforced on 8thJune1962

Maulvi Tamizuddin challenged the dissolution of Constituent Assembly in 1954.

The Constitution of 1962 had only One House parliament.

One Unit Scheme of West Pakistan was introduced on 30th,October,1955



correct is 14 october 1955

no 30 october accordng to handout

2. Write a note on Muhammad Ali Bogra Formula (1953). (5 Marks)
Muhammad Ali Bogra Formula (1953)
Muhammad Ali Bogra ( Bogra ( British India ), 19 October 1909 – Dhaka ( Pakistan ), 23 January 1963 ) was a Pakistani politician. He was Prime Minister of Pakistan and served in several ministerial posts.
[ edit ] Life

Bogra was born in the state of Bengal (now Bangladesh ). He studied at the University of Calcutta . After his studies he was elected to the Parliament of Bengal. He then became Minister of Health and later Minister of Finance. With the founding of the state of Pakistan took his seat in parliament, but after a disagreement with Muhammad Ali Jinnah , the first Governor-General , he was sent overseas to serve as ambassador to Burma , Canada and twice in the United States .
In 1953 he was appointed by Governor General Malik Ghulam Muhammad moved forward to Khawaja Nazimuddin replaced as prime minister. At that time he enjoyed little prominence in political circles. As prime minister, he designed a plan for a bicameral system . The House of Lords would consist of fifty seats for each state ten. That would mean that there are 40 seats for politicians from West Pakistan and 10 seats for politicians from East Pakistan would be. Also, a bearing housing are made ​​up of 300 seats. For politicians from West Pakistan would be 135 seats available and politicians from East Pakistan would get 165 seats. The plan also contained a proposal that if the Prime Minister of East Pakistan, the president of West Pakistan should come, and vice versa. With these proposals he wanted to do something about the growing divide between West and East Pakistan. (After several wars Bangladesh would eventually split off from Pakistan). The plan was very popular, but was ruined by Muhammad when he dissolved Parliament in 1953.
In 1955 Bogra by the new Governor General Iskandar Mirza was forced to resign. He was again ambassador to the United States. In 1962 he was again Minister of Finance. There he remained until his death in 1963.

Muhammad Ali Bogra While take charge as Prime Minister of Pakistan, 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 Ulmaa, 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, bemafore the constitution could be finalized, the Assembly was dissolved by Ghulam Muhammad, the then Governor General of Pakistan.



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.




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.



Third Report (Muhammad Ali Bogra Formula) 1953:

Ch.Muhammad Ali and his team deliberated on all the issues and prepared a report which s called as 3rd report but generally in Pakistani history it is called as The Muhammad Ali Formula because MAB was the PM and under his leadership a new set of proposals was prepared which he represented to the Constituent assembly and therefore it is generally describe as the Muhammad Ali Formula for the constitution making.

This formula was presented in October 1953 revised the original proposals in the lights of the comments and criticism and it adopted a novel procedure for providing representation to different units of Pakistan. It decided that in the case of upper house there will be equal representation to all the units of Pakistan and for this purpose Pakistan was divided into five units’ one unit was East Pakistan and four units were in West Pakistan and each unit was given equal representation it means that in the upper house 10 members were from Eastern part and 40 members were to come from the four units of West Pakistan.

In the lower house more representation was given to Eastern part because that had more population than the western part. So according to this formula 165 seats were given to East Pakistan and from the western part the strength of the members was 135 and this was the application of principle of representation on the basis of population. So in this case the standard principle of federalism was followed that is in the upper house the units of federation were given equal representation and in the lower house the units are represented on the basis of population.

However there s a unique feature here although the standard principle of federalism is followed but whenever the parliament met in a joint session there was parity or equality between the two wings of Pakistan. Let me explain this in the case of Eastern Pakistan it had 10 members in the upper house and 165 in the lower house the total were 175.In the case of Western Part there were 4 units each sending 10 members and total 40 members and in the in the lower house West Pakistan was to send 135 members and total members from West Pakistan were 175, So it is the principle pf parity or equality when the parliament meet in a joint session.

There was another provision provided in this formula that although decisions were to be made by the majority vote but this decision could not be effective unless at least 30% of members from both zones vote in favour of this, So 30% members from both wings are required to have majority for any law making. In this way this proposal incorporated the principle of parity with inter dependence. Parity in a sense that in case of joint session both wings have equal representation.Inter dependence that 30% member from both wings are included in the required majority for any law making. So in other words one wing could not get it away what it wanted, it had to seek the support of the other side, so parity and interdependence are built in the system through this proposal.

Criticism:

This proposal provided for equal powers to both houses and they could also take up issues in joint session. This proposal was received with greater welcome however there was some criticism. There were certain points mentioned here by the members were, one issue was that it was providing for unreasonably complex process. You divide Western part into four units and Eastern part in one unit then the allocation of seats that is to be done parity at the joint session level and then 30% clause, so some people were saying and some newspapers were writing articles that this would become a complicated process. But generally this proposal was accepted although there was criticism over here and there in the parliament and outside the parliament.

Another issue that attracted some criticism was the issue of equal powers to both houses and some people were saying that since the lower house represents the people therefore lower house should have more powers but in this proposal both houses were given equal powers. Another significant measure during this period which facilitated the constitution making was the settlement of the language issue. In 1954 he Constituent Assembly of Pakistan decided that the Bengali and Urdu would be the national languages of Pakistan. This decision facilitated the constitution making process.

The acceptance of two languages helped to defuse the controversies that had emerged in constitution making. In this way this issue amicably settled to the satisfaction of most political leaders and political parties.

After this the Constituent Assembly devoted itself toward the making of the constitution and the drafting of the constitution started that is by the summer of 1954 all the basic principles had been agreed to by the CA and drafting had started and in fact by October 1954 good part of the constitution had been drafted by the committee or group of people ,constitutional experts, legal experts who were drafting the constitution, and it was assumed that very shortly the draft constitution would be presented to the constituent assembly that would deliberate on it discuss the draft and make changes if required and ultimately the constitution would be approved and it was expected that very soon Pakistan would have its own constitution.

However a sudden development in the same month October 1954 created a situation that delayed constitution making and that development was on 24 October 1954 GG Ghulam Muhammad decided to dissolve the CA of Pakistan exercising his powers as the GG.He argued that the CA of Pakistan had been dealing with the constitution for a long time, that the CA came into existence on Aug 1947 and this was Oct 1954 and his argument was that this CA was not able to make the constitution and it had make the constitution making a perpetual process therefore he could use his powers to dissolve the CA,that mean that the whole effort to make the constitution came into a standstill. Dissolution of the CA also meant that the govt of PM Muhammad Ali Bogra came to an end but the GG asked him to set up a new govt which included some old ministers and some new ministers and in this way constitution making was delayed.

One result of this dissolution of the CA of Pakistan by the GG was that this matter was taken to the superior judiciary foe adjudication; the president of the CA at that time Maulvi Tameezuddin moved the case first to Sind chief court and then to the federal court of Pakistan and this was known as the Tameezuddin case. This legal and constitutional battle in the Sind chief court and then in the federal court went on for several months and the federal court through various judgments which it gave from time to time and also through its advisory opinion which the federal court gave to the GG during the same period the ultimate decision or the resolution was that the GG was able to get a away with the dissolution of the CA of Pakistan but the federal court directed that the new CA will have to be elected.

GG could not nominate anybody but it had to be elected therefore by keeping in view the judgment of the federal court and the advisory opinion of the federal court the govt of Pakistan decided to hold new elections for the 2nd CA.These elections were indirect that were held in June and July 1955 and the 2nd CA started its session in July 1955.In the case of 2nd CA two things were different from the 1st CA.In the 1st CA the ML was the majority party while in the 2nd CA no political party had an absolute majority and in the case of 2nd CA the membership was 80 out of which 40 from East and 40 from West Pakistan so in a way it was a principle of equality and parity.

The 2nd CA took up on its task of framing the constitution of Pakistan and in order to deal with this issue the 2nd CA did not start from the beginning, it could make use of all the work done by the earlier CA.It was in a way building on what the 1st CA had done. The important step taken by the 2nd CA was the integration of the province of West Pakistan and it is also known as the One Unit Scheme for Western Pakistan. In the case of West Pakistan there were 3 provinces, Balouchistan was not a full province but a different administrative unit, other than these 4 major units there were princely states, what was done in 1955 that all these administrative units in the West Pakistan were integrated into the province of West Pakistan.

Smaller administrative units were abolished all the provinces and units in West Pakistan lost their separate identity and were integrated into West Pakistan. So this is or what is called as the One Unit Scheme for West Pakistan and because of this there were only two provinces in Pakistan East Pakistan and the West Pakistan and in this way the issue of representation was resolved, although in the smaller provinces and units of West Pakistan there was criticism of setting up of this integrated province of West Pakistan.

Nevertheless, this integration in the constitution making process in Pakistan and after that the CA began to deal with the constitution, it discuss the constitution and the draft of the constitution was released for the CA and for the public at large on 8th January 1956 that is the draft text of the constitution. This text was discussed in the CA, outside the CA and then the CA approved the constitution on 29th Feb 1956.The next stage in the making of the constitution was the approval of the constitution by the GG of Pakistan, that is his signatures were required and at that time Sikander Mirza was the GG of Pakistan and on March 2nd ha signed the constitution that has been approved by the CA and in this way it became the constitution of Pakistan. This constitution was enforced on 23rd March 1956 and it replaced the Interim Constitution of Pakistan that was introduced in Pakistan in Aug 1947.In this way the long run effort to make the constitution of Pakistan was successful in giving this country a constitution of its own which became operative on 23rd March 1956.

Great Work Sir

Rizwan bhai is me work wali koi bat nahe. sara meterial Net se otha kr yahan past kr diya ha

Blank 4 ka bk mn to 1956 hy answer.

See on page 42.

  1. The Objectives Resolution was approved on   March 12, 1949.

 

 

  1. The Constitution of 1962 was enforced on       June 8, 1962.

 

 

 

  1. Maulvi Tamizuddin in October    challenged the dissolution of Constituent Assembly in 1954.

 

 

  1. The Constitution of 1956 and 1962    had only One House parliament.

 

 

  1. One Unit Scheme of West Pakistan was introduced on   October 30, 1955.

 

2. Write a note on Muhammad Ali Bogra Formula (1953).     (5 Marks)

Muhammad Ali Bogra was appointed as the Prime Minister of Pakistan in 1953.

After getting the power he declared the formulation of the constitution. He worked hard day and night on this project and just with in six months he came out with a formula of constitution.

His proposal was known as the Bogra Formula. This formula was represented on October 7, 1953.

 

This formula includes that after implementing this formula in Pakistan, it would have a Bicameral Legislature. There was a believe that it is a plan that could remove the difference between the two wing and would act as a source of unity for the country.

 

This proposal was discussed in the constituent Assembly on November 14, 1953 for 13 days. In this proposal total 50 seats were given to Upper House and 300 seats for the Lower House. These seats were allocated between the provinces on the basic of proportional representation.

It was welcomed by both the parts of the country.

 

It also solved the problem of national language by suggesting Urdu and Bengal both as national language.

 

A committee was set up to draft the constitution on 14 November, 1953.However; it was dissolved by Ghulam Muhammad, the Governor General of Pakistan before the constitution was finalized.

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